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More Bureaucratic Nonsense!

17/4/2012

Update: The Office of the Information Commissioner (OIC) has confirmed that in their view "Council has misconstrued our guidance" in relation to public access to Development Applications. They also stated that "Local councils have an obligation to proactively publish information about development applications (whenever created), including the associated documents received, and decisions made, in relation to developments". The OIC also stated that they will "contact Council directly to assist Council in meeting its obligations under the GIPA Act" in relation to open access information.

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28/03/2012
Want to view a development application with Manly Council? Make sure you have plenty of time!
It's no longer available on their website like all other Councils in NSW. In Manly you have to fill in a form, wait up to three weeks, and then view it at the council chambers. Another example of their lack of transparency & bureaucracy! And don't believe the line that it's due to 'copyright & privacy' ......

I've been told by the Office of the Information Commissioner that DAs are "additional open access information and must be made publicly available".

Council's new approach completely overlooks the rights of the public to have easy and accessible access to information.

What do you think? Is this bureaucracy gone mad?

Latest Update: 23/3/12: I have received confirmation from the Office of the Information Commissioner (OIC) that they are investigating this matter. (Reference No. IPC12-000132) Let's see what they have to say.

1 Comment

Cathy Griffin

22/3/2012 10:32:11 am

Information and material on individual DAs are available on the Manly Council website for the duration of the submission period for each DA. This is provided for in the relevant legislation. In my view this is consistent with the policy in favour of open and transparent government and decision making, which I support. DAs can be accessed by any interested person during that time on the website and at any other time by submitting a request to Council again in accordance with the legislation. Once a DA has been determined it would not appear to be ‘in the public interest’ to keep the material available on the website for eternity. I will however be further discussing some of the processes and requesting that perhaps the Final Determination including the Conditions of Consent minus personal or financial information be published on the website for each of the DAs. This topic is being debated by a number of Councils where access restrictions are far greater than at Manly. I have taken my own independent legal advice on this matter.

Councillor Cathy Griffin

Below is the response from Manly Council
Following advice from the Office of Information Commissioner, Council has recently reviewed its system for publishing development application information on its website. In doing so, Council has ensured that it complies with legislation relating to:

· The disclosure of government information generally – Government Information (Public Access) Act 2009 (GIPA Act);

· The disclosure of development application information specifically – Environmental Planning and Assessment Act 1979;

· Privacy – Privacy and Personal Information Protection Act 1998 (PPIP Act);

· Copyright – Copyright Act 1968 (Cth), and

· Guidelines issued by the Office of the Information Commissioner (OIC).

Council received three knowledge updates from the OIC regarding copyright (dated April 2011 and May 2011) and personal information (dated May 2011) and a guideline from the OIC dated May 2011 regarding the publication of personal information contained in DAs on council websites. Council must have regard to the Guidelines issued by the OIC in accordance with section 15(b) of the GIPA Act.

What this all means is that while Council is required to make DA information publicly available on its website (sections 6 and 8 of the GIPA Act), it must also comply with privacy and copyright laws.

As you will appreciate, DA information is likely to contain a significant amount of personal information such as the names and addresses of people, signatures, financial information, phone numbers, and so forth. It is the opinion of the Information Commissioner that it is not in the public interest for such information to be disclosed on council websites (page 9, May 2011 guideline). Accordingly, Council no longer discloses this information on its website.

Also, DA information typically includes architectural plans, specialist reports, surveys, etc. These documents are likely to be protected by copyright and normally cannot be copied or reproduced on council websites without the expressed consent of the copyright owner. An indemnity is given to councils under clause 57 of the Environmental Planning and Assessment Regulation 2000 to copy and distribute DA information including making the information publicly available on websites. However, this indemnity applies only during the submission period of a DA. In accordance with these requirements, Council will continue to publish information (excluding personal information) on DAs during the submission period as the laws permit but will not do so after the submission period ends.

While certain DA information is no longer accessible via Council’s website once the submission period has ended and this may be inconvenient for applicants, objectors and other members of the public, Council is simply ensuring that it complies with its statutory obligations in relation to people’s right to information, privacy, and copyright.

DA documents may be accessed by submitting a Development Application Access Request Form with Council.

If you require any further information on this issue, please contact Council staff on 9976 1521.

More Bureaucratic Nonsense!

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