Formal Access to Information
Formal Access is required for any information which is not classified as open access, proactive release or informal access. To obtain information under Formal Access, the applicant must complete and submit an Access to Information application to Council. Formal Access applications are determined within 20 working days unless an extension is agreed to by the applicant.
If you think that the information you seek may be available under Informal Access, you can e-mail your request to hccmail@hurstville.nsw.gov.au with your contact details and a description of the information you seek.
Completing the Form
When completing the Access to Information application, the applicant must include full contact details and as much detail as possible about the information the applicant is seeking. Not doing so may result in delays in processing the application or having the application refused. It is an offence to apply for information on behalf of someone else under the Government Information (Public Access) Act 2009. A formal application will not be accepted without payment of the legislated $30.00 lodgement fee.
Under the Government Information (Public Access) Act 2009, Hurstville City Council can ask why the information is sought or for more details about the information the applicant wishes to see in order to assess the application.
Public Interest
While the emphasis of GIPAA is to release the requested information, each formal access application is subject to “public interest” considerations. Public Interest considerations include whether there is personal details about other members of the public, whether the information contains commercial-in-confidence details about a company, or if it endangers the health or safety of someone.
Some information is not available to the public, even under a formal application. This includes details about the inside of another person’s home, or private details about another person’s health.
Fees & Charges
Requests for information under Formal Access can be made by completing the application form and returning it to Hurstville City Council together with payment of the application fee of $30.00. Applications are not considered received by Council until the application fee has been paid. As per Hurstville City Council’s Fees & Charges, the application may also incur an hourly processing fee and copying charges if a hard copy of the information is required.
On some occasions (such as very complicated requests) a percentage of the processing fee may need to be paid before the final determination is made. The applicant will be advised if this is the case. The processing fee deposit must be paid before the application can progress any further.
Processing the Application
Detailed information about how Council processes Formal Access applications can be found on the Formal Access Procedure Overview or Council’s Access to Information Administration Policy.
Applicants and other people involved in a Formal Access application are able to ask for Council's decisions to be reviewed. For more information, please refer to the Rights for Review or Council's Public Access to Information Administration Policy.