AGENCY INFORMATION GUIDE

Responsible Area: Operations Approved by: S McDonald, General Manager Council Agency Information Guide

DOCUMENT REVISION

REVISION DATE

Developed 22 October 2012

1 25 November 2013

2 27 October 2014

3 26 October 2015

4 26 October 2016

5 30 October 2017

6 30 April 2018

PAGE 1 Upper Hunter Shire Council Agency Information Guide

PREFACE

This Information Guide has been produced by Upper Hunter Shire Council in accordance with Section 20 of the Government Information (Public Access) Act 2009 and is reviewed annually. The purpose of this document is to provide members of the community, Council Staff, and the public with information concerning:

 the structure and functions of Upper Hunter Shire Council;  the way in which the functions of Upper Hunter Shire Council affect members of the public;  the avenues available to the public to participate in policy development and the exercise of Upper Hunter Shire Council’s functions;  the type of information available from Upper Hunter Shire Council and how this information is made available. The Information Guide is available on Council’s website (www.upperhunter.nsw.gov.au).

Steve McDonald

General Manager

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CONTENTS Agency Information Guide ...... 1 1. STRUCTURE AND FUNCTIONS OF COUNCIL ...... 4 1.1 Description ...... 4 1.2 Basis of Constitution ...... 4 1.3 Organisational Structure and Resources ...... 4 1.4 Function of Upper Hunter Shire Council ...... 6 2. HOW COUNCIL FUNCTIONS AFFECT MEMBERS OF THE PUBLIC ...... 7 3. HOW THE PUBLIC CAN PARTICIPATE IN COUNCIL’S DEVELOPMENT AND EXERCISING OF FUNCTIONS ...... 3 3.1 Representation ...... 3 3.1.1 Making Representation to Councillors ...... 3 3.2 Personal Participation ...... 3 3.2.1 Council Meetings and Committees ...... 3 3.2.2 Public Submissions and Consultation ...... 4 4. ACCESS TO INFORMATION ...... 5 4.1 Information held by Council ...... 5 4.2 Electronic Documents and Physical Files ...... 5 4.3 Policy Documents ...... 5 4.4 Mandatory Proactive Release ...... 5 4.5 Ways to Access Information ...... 7 4.6 Copyright ...... 8 5. HOW MEMBER OF THE PUBLIC MAY ACCESS AND AMEND COUNCIL DOCUMENTS CONCERNING THEIR PERSONAL AFFAIRS ...... 9 5.1 Public Officer – Right of Information Officer ...... 9

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1. STRUCTURE AND FUNCTIONS OF COUNCIL 1.1 Description Upper Hunter Shire Council was proclaimed on 26 May 2004 following the amalgamation of Merriwa, and Scone Shires. The Shire covers an area of 8,100 square kilometres and shares its boundary with Tamworth Regional Council, Council, Singleton Shire Council, Council, Mid-Western Regional Council, Council and Council.

Tamworth Regional LGA

Liverpool Plains LGA

Warrumbungle LGA

Gloucester LGA

Singleton LGA

Mid-Western Regional LGA Muswellbrook LGA

1.2 Basis of Constitution Upper Hunter Shire Council is constituted under the Local Government Act 1993. 1.3 Organisational Structure and Resources The Shire is an undivided area with 9 Councillors who are elected by the residents and ratepayers of the area who are on the electoral roll. The Mayor is elected every two years by the Councillors from among their numbers. The roles of Councillors, as members of the body corporate are:  to direct and control the affairs of the Council in accordance with the Local Government Act and other applicable legislation;  to participate in the optimum allocation of Council’s resources for the benefit of the area;  to play a key role in the creation and review of Council’s policies, objectives and criteria relating to the exercise of Council’s regulatory functions;  to review the performance of the Council and its delivery of services, management plans and revenue policies of the Council;

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The roles of a Councillor, as an elected person:  to represent the interest of the residents and ratepayers;  to provide leadership and guidance to the community;  to facilitate communication between the community and the Council. The Mayor presides at meetings of the Council, carries out the civic and ceremonial functions of the office, exercises, in cases of necessity, the decision making functions of the body, between its meetings and performs any other functions that the Council determines. The Principal Officer of the Council is the General Manager. The General Manager is responsible for the efficient operation of the Council’s organisation and for ensuring the implementation of Council decisions. The General Manager is also responsible for the day to day management of the Council, the exercise of any functions delegated by the Council, the appointment, direction and where necessary, the dismissal of staff, as well as the implementation of Council’s Equal Employment Management Plan. To assist the General Manager in the exercise of these functions, there are three (3) Directorates of Council. These Directorates are Operations, Environmental & Community Services and Special Projects. Each of these Departments is headed by a Director. Upper Hunter Shire Council Organisational Structure

COMMUNITY

COUNCIL

GENERAL MANAGER

EXECUTIVE ASSISTANT

ENVIRONMENTAL SPECIAL OPERATIONS & COMMUNITY PROJECTS SERVICES

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GENERAL OPERATIONS ENVIRONMENTAL & SPECIAL MANAGER CUSTOMER SERVICES PROJECTS

Internal Audit Finance Planning Major construction projects

Risk Management Information Services Health & Building

Communications Human Resources Regulatory Compliance

Corporate Planning Water & Waste Animal Control

Business Enterprise Strategic Assets Administration & & Tourism Customer Services

Technical Support Community Services

Works Delivery

1.4 Function of Upper Hunter Shire Council Under the Local Government Act, 1993, Council’s functions can be grouped into the following categories:

SERVICE REGULATORY ANCILLARY REVENUE ADMIN ENFORCEMENT FUNCTIONS FUNCTION FUNCTIONS FUNCTIONS FUNCTIONS FUNCTIONS

Including: Including: Including: Including: Including: Including: Provision of Approvals Resumption of Rates Employment Proceedings community health, land of staff for breaches creation, Orders Charges of the Local education & Powers of Managemen Government information Building entry and Fees t plans Act & services certificates inspection Regulations Borrowings Financial and other Environmental reporting Acts & protection Investments Regulations Annual Waste removal & reports Prosecution of disposal offences

Land & property Recovery of industry & tourism rates and development & charges assistance

Civil infrastructure planning, maintenance & construction

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As well as the Local Government Act, Council has powers under a number of other Acts including: . Building Professionals Act 2005 . Plumbing and Drainage Act 2011 . Civil Liability Act 2002 . Privacy & Personal Information . Children and Young Persons (Care and Protection Act 1998 Protection) Act 1998 . Protection of the Environment . Community Land Development Act Operations Act 1997 1989 . Public Health Act 2010 . Companion Animals Act 1998 . Public Interest Disclosures Act 1994 . Contaminated Land Management Act . Recreation Vehicles Act 1983 1997 . Roads Act 1993 . Conveyancing Act 1919 . Road Transport Act 2013 . Crown Lands Act 1989 . Rural Fire Act 1997 . Crown Lands Management Act 2016 . Smoke Free Environment Act 2000 . Dividing Fences Act 1991 . State Emergency Rescue Management . Environmental Planning & Assessment Act 1989 Act 1979 . State Emergency Services Act 1989 . Firearms Act 1996 . State Records Act 1998 . Fire Brigades Act 1989 . Strata Scheme Development Act 2015 . Fluoridation of Public Water Supplies . Strata Schemes Management Act 1996 Act 1957 . Swimming Pools Act 1992 . Food Act 2003 . Threatened Species Conservation Act . Government Information (Public Access 1988 Act 2009 . Transport Administration Act 1988 . Heritage Act 1977 . Unclaimed Money Act 1995 . Impounding Act 1993 . Waste Avoidance and Resource . Independent Commission Against Recovery Act 2001 Corruption Act 1988 . Water Management Act 2000 . Land Acquisition (Just Terms . Workplace Injury Management and Compensation)Act 1991 Workers Compensation Act 1998 . Library Act 1939 . Work Health & Safety Act 2011 . National Parks and Wildlife Act 1974

. Noxious Weeds Act 1993 . Pesticides Act 1999

2. HOW COUNCIL FUNCTIONS AFFECT MEMBERS OF THE PUBLIC As a service organisation, the majority of the activities of Upper Hunter Shire Council have an impact on the public. The following is an outline of how the broad functions of Council affect the public. Service functions affect the public as Council provides services and facilities to the public. These include provision of human services such as aged care facilities, child care services and libraries, halls and community centres, recreation facilities, infrastructure and waste management. Regulatory functions place restrictions on developments and buildings to ensure that they meet certain requirements affecting the amenity of the community and not endanger the lives and safety of any person. Members of the public must be aware of, and comply with, such regulations.

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Ancillary functions affect only some members of the public. These functions include, for example, the resumption of land or the power for Council to enter onto a person’s land. In these circumstances, only the owner of the property would be affected. Revenue functions affect the public directly in that revenue from rates and other charges paid by the public is used to fund services and facilities provided to the community. Administrative functions do not necessarily affect the public directly but have an indirect impact on the community through the efficiency and effectiveness of the service provided. Enforcement functions only affect those members of the public who are in breach of certain legislation. This includes matters such as the non-payment of rates and charges, unregistered dogs and parking offences. Community planning and development functions affect areas such as cultural development, social planning and community profile and involves: . advocating and planning for the needs of our community. This includes initiating partnerships; participating on regional, State or Commonwealth working parties; and preparation and implementation of the Community Plan; . providing support to community and sporting organisations through provision of grants, training and information; . facilitating opportunities for people to participate in the life of the community through the conduct or a range of community events such as NAIDOC Week, Youth Week, Children’s Week, as well as promoting events of others.

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3. HOW THE PUBLIC CAN PARTICIPATE IN COUNCIL’S DEVELOPMENT AND EXERCISING OF FUNCTIONS Upper Hunter Shire Council supports the principles of open government and encourages community involvement in policy development and general activities of Council. There are two broad ways in which the public may participate in the policy development and, indeed, the general activities of the Council. These are through representation and personal participation. 3.1 Representation Local Government in is based on the principle of representative democracy. This means that the people elect representatives to their local Council to make decisions on their behalf. In , local government elections are held every four years. Scheduled elections are to be held in September 2020 and September 2024. At each election, voters elect nine Councillors for a four year term. All residents of the area who are on the electoral roll are eligible to vote. Property owners who live outside of the area and ratepaying lessees can also vote, but must register their intention to vote on the non- residential roll. Voting is compulsory. 3.1.1 Making Representation to Councillors Residents are able to raise issues with, and make representations to, the elected Councillors. The Councillors, if they agree with the issue or representation, may pursue the matter on the resident’s behalf thus allowing members of the public to influence the development of policy. 3.2 Personal Participation A major focus of the Local Government Act 1993 is for community participation. Ratepayers, residents and business are encouraged to have a say in what Council does. The Act encourages councils to be open and accountable to the community. This is achieved by people having appropriate access to information, voting in polls and referendums, making submissions to Council and by Council meetings being open to the public. Residents can also stand to become a Councillor. Council’s website at www.upperhunter.nsw.gov.au is regularly updated with notifications and information of Council’s activities, meeting agendas and business papers. The website also publishes notices and exhibitions, tenders, news items, events and many Council documents and reports. The website is reviewed and updated on a regular basis to ensure information is accurate and timely. Council also provides information on Council activities, decisions and programs in the local newspaper and on social media. There are also avenues for members of the public to personally participate in the policy development and the functions of the Council. 3.2.1 Council Meetings and Committees Council also allows the public to address the Open Council Meetings (held last Monday of the month) on matters included in the business paper for that month. Several Council Committees comprise or include members of the public. To view a full list of Council Committees or to nominate as a delegate go to: upperhunter.nsw.gov.au/your-council/council-business/committees.aspx

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Standing Committee meeting dates, times and venues are also advertised on Council’s website, go to:upperhunter.nsw.gov.au/our-shire/events/what-s-on-calendar.aspx Alternatively you may contact the Public Officer for this information. 3.2.2 Public Submissions and Consultation From time to time Council calls for public submissions, for example, community input into its annual Delivery Program and Operational Plan and the four-yearly Community Strategic Plan. Calls for submissions are advertised on Council’s website www.upperhunter.nsw.gov.au and in the local newspapers The Scone Advocate, The Hunter Valley News, The Aberdeen Whisper, The Merriwa Ringer and The Murrurundi Links. These advertisements will include details on how to submit submissions and the closing date. In addition, Council, as part of its public consultation process will often call for meetings on specific topics, e.g., disability access to gain community feedback. Meetings are also held in different areas of the Shire to address both larger issues of the Shire as well as local issues within that area. These meetings are advertised in advance on Council’s website, in the newspapers listed above, through media releases and letterbox drops.

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4. ACCESS TO INFORMATION Upper Hunter Shire Council is committed to the principle of open and transparent government. To facilitate public access to Council information Council has adopted an Access to Information policy. The object of this policy is to describe public and Councillor access to information and to facilitate the processing of requests for such access under the Government Information (Public Access) Act 2009 (“GIPA” Act). Under the provisions of the GIPA Act there is a right of access to certain information held by Council, unless there is an overriding public interest against its disclosure. Members of the public who require an information release under the GIPA Act can do so by contacting Council: Phone: 02 6540 1100 Email: [email protected] Website: www.upperhunter.nsw.gov.au Post: The General Manager, PO Box 208, Scone NSW 2337 4.1 Information held by Council Council holds information (hard copy and electronic form) that relate to a number of different functions concerning Upper Hunter Shire. This information is grouped into four categories: 1. Electronic Documents 2. Physical Files 3. Policy Documents 4. General Information 4.2 Electronic Documents and Physical Files Council implemented an electronic document management system in 2005. Hard copy, physical files were dispensed with except for development/building/construction applications. Prior to 2005 the former Council maintained an electronic document management system and the former Murrurundi and Council’s maintained a paper-based filing system. Some of Council’s electronic documents and physical files are not available on the website, however, this information may be made available either by informal release or via an Access Application (GIPA Act Section 7 – 9) unless there is an overriding public interest against disclosure of the information in accordance with the provisions of the Section 14 of the GIPA Act. 4.3 Policy Documents Some policies constitute open access information. These and other policies are available on Council’s website: http://upperhunter.nsw.gov.au/your-council/documents-and-policies/policies.aspx 4.4 Mandatory Proactive Release The Government Information (Public Access) Act 2009 provides the public a general right of access to information held by Council and requires that information defined as Open Access Information be made publicly available for inspection, free of charge.

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The public is entitled to inspect this information either on Council’s website (unless there is an unreasonable additional cost to Council to publish these documents on the website) or at the offices of the Council during ordinary office hours or at any other place as determined by the Council. Any current and previous information of this type may be inspected by the public free of charge. Copies can be supplied with reasonable copying charges applicable. The following documents are defined as Open Access Information under Section 18 of the GIPA Act and will be released without the need for a Formal Access Application: . Council’s Agency Information Guide (available on Council’s website) . Information about Council contained in any document tabled in Parliament by or on behalf of Council, other than any document tabled by order of either House of Parliament; . Council’ policy documents (available on Council’s website); . Council’s Disclosure Log of Formal Access Applications (available on Council’s website); . Council’s Register of Government Contracts (available on Council’s website); . Council’s record of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure; and . such other government information as may be prescribed by the GIPA regulations as open access information. Schedule 1 of the GIPA Act also stipulates that the following additional documents are to be provided as open access information by Council: 1. Information about Council . The model code prescribed under Section 440(1) of the Local Government Act . Council’s adopted Code of Conduct . Code of Meeting Practice . Annual Report . Annual Financial Report . Auditor’s Report . Community Strategic Plan . Delivery Program & Operational Plan . EEO Management Plan . Policy concerning the Payment of Expenses Incurred by, and the Provision of Facilities to, Councillors . Annual Reports of Bodies Exercising Functions Delegated by Council . Any Codes referred to in the Local Government Act . Returns of Interests of Councillors, Designated Persons and Delegates . Agendas and Business Papers for any meeting of Council or any Committee of Council . Minutes of any meeting of Council or any Committee of Council . Departmental Representative Reports presented at a meeting of Council . Land Register . Register of Investments . Register of Delegations . Register of Graffiti Removal Works . Register of current Declarations of Disclosures of Political Donations . Register of Voting on Planning Matters . Register of Related Parties Disclosures

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2. Plans and Policies . Local Policies adopted by Council concerning approvals and orders . Plans of Management for Community Land . Environmental Planning Instruments, Development Control Plans and Contribution Plans

3. Information about Development Applications Development Applications and any associated documents received in relation to a proposed development: . Home Warranty Insurance documents . Construction Certificates . Occupation Certificates . Structural Certification Documents . Town Planner Reports . Submissions received on Development Applications . Heritage Consultant Reports . Tree Inspections Consultant Reports . Acoustic Consultant Reports . Land Contamination Consultant Reports . Records of decisions on Development Applications including decisions on appeals . Records describing general nature of documents that council decides to exclude from public view including internal specifications and configurations, and commercially sensitive information This clause does not apply to so much of the information referred to above as consists of: . The plans and specifications for any residential part of a proposed building other than plans that merely show its height and its external configuration in relation to the site on which it is proposed to be erected, or . Commercial information, if the information would likely to prejudice the commercial position of the person who supplied it or to reveal a trade secret.

4. Approvals, Orders and Other Information . Applications for approvals under Part 1 Chapter 7 of the Local Government Act . Applications for approvals under any other Act and any associated documents received . Records of approvals granted or refused, any variation from Council Policies with reasons for the variation, and decisions made on appeals concerning approvals . Orders given under Part 2 of Chapter 7 of the Local Government Act and any reasons given under Section 136 of the Local Government Act . Orders given under the Authority of any other Act . Records of Building Certificates under the Environmental Planning and Assessment Act 1979 . Plans of land proposed to be compulsorily acquired by Council . Compulsory Acquisition Notices . Leases and Licenses for use of Public Land classified as Community Land . Performance improvement orders issued to a Council under Part 6 of Chapter 13 of the Local Government Act. 4.5 Ways to Access Information Under the Government Information (Public Access) Act 2009, there are four ways information can be accessed from Council:

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1 Mandatory Release (see 4.4 above). 2 Proactive Release Additional information (to open access information) made publicly available, unless there is an overriding public interest against disclosure. 3 Informal Applications Access to information which is not available as Mandatory Public Release (open access) or Proactive Release and unless there is an overriding public interest against disclosure. Application should be made by submitting an Information Access Application form (available on Councils website www.upperhunter.nsw.gov.au) to Council by post, email or in person (see 5.1 below). Council has the right to decide by what means information to be released. 4 Formal Applications Prior to lodging a Formal Access Application, Council’s website should be checked to see if the information sought isn’t already available. Council requires a Formal Access Application to be submitted if information: a. Is not available via Proactive or Informal Release; or b. Involves a large volume of information, requires extensive research and accordingly will involve an unreasonable amount of time and resources to produce; or c. Contains personal or confidential information about a third party which may require consultation; or d. Is of a sensitive nature that requires careful weighing of the consideration in favour of and against disclosure. Application should be made by submitting a Formal Access Application form (available on Councils website www.upperhunter.nsw.gov.au ) to Council by post, email or in person (see 5.1 below) with the GIPA Act prescribed $30.00 application fee. Additional $30.00 hourly processing charges may be applicable. An application will be deemed invalid if it: . Seeks access to excluded information of Council; . Does not meet the requirements of a Formal Access Application (as prescribed in the GIPA Act) being: o Be in writing o Specify that it is made under the GIPA Act o State an Australian Postal address o Be accompanied by the $30.00 fee o Provide sufficient detail to enable Council to identify the information requested. 4.6 Copyright Nothing in the regulations requires or permits Council to make open access information available in any way that would constitute an infringements of copyrights (Section 6.6 of GIPA Act). Access to copyright documents will be granted by way of inspection only, unless the copyright owner’s written consent is provided. Where authority is unable to be obtained or the copyright owner is not able to be contacted, copies of copyright material will not be provided. These documents include plans/drawings, consultant reports, Statements of Environmental Effects and other miscellaneous reports submitted with a Development Application (please note this list is not definitive).

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5. HOW MEMBER OF THE PUBLIC MAY ACCESS AND AMEND COUNCIL DOCUMENTS CONCERNING THEIR PERSONAL AFFAIRS As mentioned previously, Council has a vast range of documents that can be accessed in varying ways. Most documents can be inspected at and obtained from Council’s offices in Merriwa, Murrurundi and Scone between the hours of 8.30am and 4.30pm Monday to Friday (except public holidays). For further enquiries about any document, a Customer Services Officer should be contacted. If you experience any difficulty in obtaining documents or information, you should contact the Public Officer. 5.1 Public Officer – Right of Information Officer It should be noted that the Director Operations has been appointed as the Public Officer. Amongst other duties, the Public Officer may deal with requests from the public concerning the Council’s affairs and has the responsibility of assisting people to gain access to public documents of the Council. The Public Officer is also Council’s Right to Information Officer and, as such, is responsible for determining applications for access to documents or for the amendment of records. If you have any difficulty in obtaining access to Council documents, you may wish to refer your enquiry to the Public Officer. Also, if you would like to amend a document of Councils which you feel is incorrect, it is necessary for you to make written application to the Public Officer in the first instance. Council has in place a Privacy Management Plan for dealing with private or personal information. Enquiries should be addressed as follows: General Manager Phone: (02) 6540 1100 Upper Hunter Shire Council Fax: (02) 6545 2671 PO Box 208 Email: [email protected] SCONE NSW 2337 Web: www.upperhunter.nsw.gov.au

Further information can also be sought from:

Information & Privacy Phone: 1800 472 679 Commission Email: [email protected] GPO Box 7011 Web: http://www.ipc.nsw.gov.au/contact-us-0 SYDNEY NSW 2001

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