Formal Access Procedure

Once an application is received by Hurstville City Council, and the application fee is paid, the application will undergo the following stages:

Stage 1: Verification of the application

The application will be reviewed by the Right to Information Officer to ensure that

a)    the application has been completed in full
b)    there is sufficient detail in the application to identify the information sought
c)    that the information is held by Hurstville City Council and not another agency
d)    Whether the information being sought is reasonable or is an unnecessary diversion of resources
e)    Whether there is personal information being sought or the information is subject to another request (eg subpoena).

Once the application has been checked, the applicant will receive an acknowledgement letter from Hurstville City Council with an expected determination date OR a request for more information before the application can be accepted.

Stage 2: Assessment of Application

Following acceptance of the application, the Right to Information Officer will then

a)    conduct a search of Council’s records
b)    identify any other potential sources of information
c)    consult with any relevant Council Officers

Once the information has been gathered, the Right to Information Officer will then

a)    determine whether any personal information is included which requires consultation with a third party
b)    determine whether any information is exempt under Council’s Access to Information Policy
c)    apply the “Public Interest” considerations

If there is information about third parties involved, the Right to Information Officer will need to contact those people to see whether they have any objection to their information or details being released.

A deposit of up to 50% of the estimated processing fee may be requested at this time, before the final determination is made. The application is considered “on hold” until this processing fee is paid. The applicant will be advised if this is the case.

Stage 3: Determination of Application

Following the outcome of contact with any third parties, the Right to Information Officer will then make a determination considering

a)    Public Interest
b)    Any submissions for or against release of information
c)    Personal considerations about the applicant including motive
d)    Whether the information should be proactively released to the public.

A determination may consist of any of the following:

• Full release
• Partial release
• Full or partial release with redactions of withheld information
• Creation of a new record
• Refusal