Information Guide

GEORGES COUNCIL PART 1 - INTRODUCTION

This Information Guide has been prepared in accordance with section 20 of the Government Information (Public Access) Act 2009 (GIPA Act) and is reviewed annually.

The purpose of Council’s Information Guide is to provide members of the community, Council staff and the public with information concerning:

• The structure and functions of Council • The way in which the functions of Council affect members of the public • The avenues available to the public to participate in policy development and the exercise of Council’s functions; and • The type of information available from Council and how this information is made available.

The Information Guide is available at www.georgesriver.nsw.gov.au Information Guide - Version 1 Information Guide - Version Council

2 CONTENTS

Part 1 Part 4 Introduction...... 2 Public Participation in Local Government...... 10

Part 2 Part 5 Structure and Functions of Council...... 4 Access to Information...... 12

Part 3 Part 6 How Council Functions Affect the Public...... 9 Contact Details...... 17 Information Guide - Version 1 Information Guide - Version

3 PART 2 – STRUCTURE AND FUNCTIONS OF COUNCIL

Georges River Council at a glance

Georges River Council (Council) was proclaimed by the NSW Government on 12 May 2016 and incorporates the former Hurstville City and Kogarah City local government areas.

The Georges River Council area is located in the southern suburbs of , about 15-17 kilometres from the Sydney CBD. The area is one of Sydney’s eight regional centres, with dynamic economic growth, a proud sporting legacy and broad cultural diversity.

Suburbs in the Georges River Council area include Allawah, Beverley Park, Blakehurst, Carss Park, Connells Point, Hurstville, Hurstville Grove, Kogarah, Kogarah Bay, Lugarno, Mortdale, Oatley, Peakhurst, Peakhurst Heights, Penshurst and South Hurstville. The local area also includes parts of Beverley Hills, Carlton, Kingsgrove, Narwee, Ramsgate, Riverwood and Sans Souci.

Figure 1 shows the Georges River Council boundary area which includes 5 Wards: Blakehurst, Hurstville, Kogarah Bay, Mortdale and Peakhurst.

The estimated resident population at the 2016 Census was 149,489.

The Georges River Council Community Profile uses data from the 2016, 2011, 2006, 2001, 1996 and 1991 Australian censuses. It Information Guide - Version 1 Information Guide - Version provides demographic information on our area’s residents, for each suburb and for the whole local government area. Georges River Council

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GEORGES RIVER Georges River Council

5 How is Georges River Council managed?

The role of the General Manager is to ensure the efficient and effective management of the organisation and for ensuring the decisions of the Council are enacted in a timely manner. This position is also responsible for the day-to-day management of Council, for exercising any functions delegated by Council, the implementation of Council’s Equal Employment Opportunity Plan, and the appointment, direction and other matters relating to staff.

Management Structure

Georges River Council’s General Manager is supported by an organisational structure which consists of six Directorates as illustrated below.

GENERAL MANAGER

Environment and Planning Office of the General Manager Assets and Infrastructure Community and Culture Environment and Planning Transformation and Change Directorate Information Guide - Version 1 Information Guide - Version Georges River Council

6 Under the Local Government Act 1993, Council’s functions can be grouped into the following categories:

Function Service Services Including: • Community health, recreation, education and information services • Environmental protection • Waste removal and disposal • Land and property • Industry and tourism • Development and assistance • Water, sewerage and drainage works • Civil infrastructure planning, construction and maintenance Regulatory Including: • Approvals • Orders • Building certificates Revenue Including: • Rates • Charges • Fees • Borrowings • nvestments Ancillary Including: • Resumption of land

• Powers of entry and inspection 1 Information Guide - Version Administration Including: • Employment of staff • Strategic planning • Financial reporting • Annual reports Enforcement Including: • Proceedings for breaches of the Local Government Act and other legislation Georges River Council • Prosecution of offences • Recovery of rates and charges 7 As well as the Local Government Act 1993, Council has powers under a number of other Acts, including but not limited to:

Coastal Protection Act 1979 Public Interest Disclosures Act 1994 Community Land Development Act Recreation Vehicles Act 1983 1989 Companion Animals Act 1998 Roads Act 1993 Conveyancing Act 1919 State Emergency Service Act 1989 Contaminated Land Management Act State Emergency and Rescue 1997 Management Act 1989 Environmental Planning and State Records Act 1998 Assessment Act 1979 Fire Brigades Act 1989 Strata Schemes (Freehold Development) Act 1973 Food Act 2003 Strata Schemes (Leasehold Development) Act 1986 Government Information (Public Strata Schemes Management Act Access) Act 2009 1996 Heritage Act 1977 Swimming Pools Act 1992 Information Guide - Version 1 Information Guide - Version Impounding Act 1993 Threatened Species Conservation Act 1995 Library Act 1939 Unclaimed Money Act 1995 Protection of the Environment Waste Avoidance and Resource Operations Act 1997 Recovery Act 2001

Georges River Council Public Health Act 2010 Work Health and Safety Act 2011

8 PART 3 – HOW COUNCIL FUNCTIONS AFFECT THE PUBLIC

As a service organisation, the majority of the activities of Council have an impact on the public. The following is an outline of how the broad functions of Council affect the public.

Service Functions Revenue Functions

Service functions affect the public as Council provides services and Revenue functions affect the public directly as revenue from rates and facilities to the public. These include the provision of libraries and child other charges paid by the public is used to fund services and facilities care services, halls and community centres, recreation facilities, sports provided to benefit the community. fields, parks, local infrastructure, tree maintenance and the removal of waste. Administrative Functions

Regulatory Functions Administrative functions do not necessarily affect the public directly but have an indirect impact on the community through the efficiency and Regulatory functions place restrictions on developments and buildings effectiveness of the service provided. to ensure that they meet certain requirements affecting the amenity of the community and do not endanger the lives and safety of any Enforcement Functions person. Members of the public must be aware of, and comply with, such regulations. Enforcement functions only affect those members of the public who are in breach of certain legislation. This includes matters such as the non- Ancillary Functions payment of rates and charges, unregistered dogs, parking offences and other regulatory offences. Ancillary functions affect only some members of the public. These

functions include, for example, the resumption of land, or the power for 1 Information Guide - Version Council to enter onto a landowner’s land. In these circumstances, only the owner of the property would be affected. Georges River Council

9 PART 4 - PUBLIC PARTICIPATION IN LOCAL GOVERNMENT

There are two ways in which the public may participate in the policy 2. Personal Participation development and the general activities of the Council. These are through representation and personal participation. Council recognises the importance of providing opportunities for the community to make their voice heard. Council values community input 1. Representation in the engagement process, which enables Council to make decisions based on the views of residents, ratepayers, business owners and Local Government in is based on the principle of representative community groups. democracy. This means that the people elect representatives to their local Council to make decisions on their behalf. In New South A number of avenues are available for members of the public to directly Wales, local government elections are held every four years. The first contribute to Council’s decision making process, including: election following proclamation of Georges River Council was held on 9 September 2017. The next ordinary election of the Council will be held in 2.1 Open Council and Committee Meetings 2020. Members of the public are invited to attend Council meetings and As a result of the September 2017 elections, 15 Councillors were address Council on any matters on the agenda to assist with the elected across the following five wards of the Georges River Council decision making process. Council also has a number of advisory local government area - Blakehurst, Hurstville, Kogarah Bay, Mortdale committee meetings which discuss policy and strategic matters and and Peakhurst. Three Councillors were elected per ward for a three-year make recommendations to the Interim General Manager. term. A Mayor is elected by Councillors, for a period of two years. Business papers and minutes of the meetings are published on Council’s 1.1 Making representation to Councillors website and are also available at our Customer Service Centre and Libraries. Residents are able to raise issues with, and make representations to,

Information Guide - Version 1 Information Guide - Version the elected Councillors. The Councillors, if they agree with the issue 2.2 Public exhibition of proposed policies, plans and projects or representation, may pursue the matter on the resident’s behalf therefore allowing members of the public the opportunity to influence the Council consults with its residents in relation to policy and other matters development of policy. throughout the year. Policies that have an impact on the public and other matters of importance to the community are exhibited for public Members of the public are encouraged to discuss local community comment prior to Council decisions. Refer to Council’s website for concerns with their elected representatives. The contact details of the information in relation to matters that are currently on public exhibition. newly elected Councillors are available at Council’s website. Georges River Council

10 2.3 Submissions to Council on specific matters • Major planning and development projects • Key topics and issues affecting the Georges River community i.e. Through the provisions of certain Acts or Regulations, members of the environmental public have the opportunity to influence Council’s decisions by making • Health, safety, transport etc. submissions, comments or objections to proposals. For example the contents of Councils Community Strategic Plan, Delivery Program and Methods of communication: Operational Plan and the consideration of development applications are advertised and public comment is invited prior to Council’s decision on There are many different methods to engage and share information the matter. with stakeholders and Council will utilise multiple techniques on a single project to ensure a broad section of the community has been consulted. 2.4 Other opportunities These may include:

Council is committed to consulting with the community about important • Media releases and statements projects and initiatives and has a Community Engagement function • Quarterly community newsletters to gather and analyse information relating to community needs and • Flyers and brochures concerns. • Posters • Letters Community consultation will take place: • Print, telephone and online surveys • Where community input can enhance decision making • Meetings, seminars and forums • To help identify community needs • Advertising in the local media • In response to community expressions of interest • Council’s website – www.georgesriver.nsw.gov.au • When Council resolves to consult the community • Social media platforms – Facebook and Twitter • When required by law Information Guide - Version 1 Information Guide - Version Community engagement may also take place on: For more information refer to Council’s Community Engagement Policy • The allocating of funding to various projects whether that be for new and Community Engagement Strategy. or current • Services or to improve or create new infrastructure • The planning and creation of new services and infrastructure • The provision of existing services • The creation of major events Georges River Council

11 PART 5 – ACCESS TO INFORMATION

1. Information available documents on the website). Where this is the case, the information will be available for inspection at Council offices. Any current (and The Government Information (Public Access) Act 2009 (GIPA Act) the immediately preceding version of) documents of this type may provides the public with a general right of access to information held be inspected by the public free of charge. Copies can be supplied for by Council as long as it does not infringe privacy or other laws or there reasonable copying charges, in accordance with Council’s Fees and aren’t public interest considerations against disclosure. Charges.

The following information is prescribed Open Access information in Open Access information includes: accordance with the GIPA Act and is available on Council’s website: • This information guide 1.1 Information about Council • Documents (if any) tabled in Parliament on behalf of Council (will be available on Council’s website if and when any information is tabled • The model code prescribed under section 440(1) of the Local in parliament on behalf of Council) Government Act 1993 (LGA) • Council’s Policy documents • Council’s adopted Code of Conduct • Council’s Disclosure Log of Access Applications • Code of Meeting Practice • Council’s Register of Government Contracts • Annual report • A record of open access information that is not made available to the • Annual financial reports public on the basis of an overriding public interest against disclosure. • Auditor’s report • Management plan Council holds a range of information in various formats that relate to a • EEO Management Plan number of different issues concerning the Georges River Council Local • Policy concerning the payment of expenses incurred by, and the Government Area. This information may be available on Council’s provision of facilities to, councillors website, via an Informal Access to Information application or a Formal • Annual reports of bodies excising functions delegated by the local

Information Guide - Version 1 Information Guide - Version Access to Information application. All requests for access to information authority held by Council will be determined in accordance with the requirements • Any codes referred to in the LGA of the GIPA Act. • Returns of the interests of councillors, designated persons and delegates In addition, pursuant to Schedule 1 of the Government Information (Public Access) Regulation 2009, all of Council’s ‘Open Access’ information is required to be available via Council’s website (unless there is an unreasonable additional cost to Council to publish these Georges River Council

12 • Agendas and business papers for any meeting of the local authority 1.2 Plans and Policies or any committee of the local authority (but not including business papers for matters considered when part of a meeting is closed to • Local policies adopted by Council concerning approvals and orders the public) • Plans of Management for Community Land • Minutes of any meeting of the local authority or any committee of the • Environmental Planning Instruments, Development Control Plans local authority, but restricted (in the case of any part of a meeting and Contribution Plans that is closed to the public) to the resolutions and recommendations of the meeting • Departmental representative reports presented at a meeting of the local authority in accordance with section 433 of the LGA • 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 Information Guide - Version 1 Information Guide - Version Georges River Council

13 1.3 Information about development applications Assessment Act 1979 • Plans of land proposed to be compulsorily acquired by the local • Development applications and any associated documents received authority in relation to a proposed development including: • Compulsory acquisition notices • Home Warranty Insurance documents • Leases and licences for use of public land classified as community • Construction Certificates land • Occupation Certificates • Structural Certification documents 2. How to access information held by Council • Town Planner Reports • Submissions received on development applications Under the GIPA Act there is an underlying rationale to encourage greater • Heritage Consultant reports accessibility to government information for members of the public. • Tree Inspection Consultant reports A large amount of the information Council holds is made available on the • Land Contamination Consultant Reports Council’s website. Information that is not published on Council’s website • Records of decisions on development applications (including may be requested via informal release or via a formal access application decisions made on appeal) in line with sections 7 to 9 of the GIPA Act. • Records describing the general nature of the documents that Council decides to exclude from public view including internal specifications There are four ways to obtain access to information held by Council: and configurations and commercially sensitive information 2.1 Mandatory Proactive Release (open access) 1.4 Approvals, orders and other documents • Under legislation Council must release certain information unless • Applications for approvals under part 7 of the LGA there is an overriding public interest against doing so. • Applications for approvals under any other Act and any associated • Council’s website is the central reference point where members of

Information Guide - Version 1 Information Guide - Version documents received the public can search for this information. • Records of approvals granted or refused, any variation from local • This type of information includes Council policies, meeting agendas policies with reasons for the variation, and decisions made on and minutes, media releases, annual reports, register of government appeals concerning approvals contracts and disclosures log of access applications. • Orders given under Part 2 of Chapter 7 of the LGA, and any reasons given under section 136 of the LGA • Orders given under the authority of any other Act • Records of building certificates under the Environment Planning and Georges River Council

14 2.2 Authorised Proactive Release public interest test; • Contains confidential information; • Council proactively releases information with a commitment to • Contains personal information of third parties who must be providing as much information as possible for free on Councils consulted; website, or in another appropriate manner and by the amount • Contains business information of third parties who must be specified in Council’s Fees and Charges. consulted; or • Would involve a significant diversion of Council resources 2.3 Informal Access Applications • Formal access applications must be made in writing by completing a Formal Access Application form which is available on Council’s • Information that is not available by mandatory or authorised website. proactive release may be provided through informal release, subject • Processing charges as outlined in Division 5 of the GIPA Act apply to any reasonable conditions that Council may wish to impose, to formal access applications, and additional processing costs, such including deleting matter that would otherwise result in there being as photocopying costs, may apply as outlined in Council’s Fees and an overriding public interest against disclosure. Charges. • Applications for informal release can be made in writing by • Formal access applications will be acknowledged and determined completing an Informal Access Application form which is available on within the statutory periods prescribed by section 57 of the GIPA Act, Council’s website. which includes making a determination and notifying the applicant • There is no fee required for an informal access application, however of the decision within 20 working days, unless the applicant agrees photocopying fees may apply as specified in Council’s Fees and to extend the time. Council may also extend the time by up to 15 Charges. working days when consultation with a third party is required or if • Informal requests will be processed in a timely manner and as soon Council needs to retrieve records from archives. as practical. Turnaround times will also depend on the volume of information sought and whether documents need to be retrieved

from archives. 1 Information Guide - Version

2.4 Formal Access Applications

• A formal access application may be required where the information requested is not available by proactive or authorised release or informal access, and the information sought: • Is of a sensitive nature that requires careful consideration of the Georges River Council

15 Copyright Restrictions • External Review by NSW Civil Administration Tribunal – the applicant has eight weeks from receiving notice of a decision from Council to Information held by Council is subject to the Copyright Act 1968. The ask for a review, or four weeks after the completion of a review by Copyright Act does not permit materials covered by copyright (e.g. DA the Information Commissioner. architect plans or specialist reports) to be copied or published unless the owner of the copyright has given consent. Council will make available Third Party Consultation documents to inspect, but without the written consent of the copyright owner, Council cannot provide copies of copyright materials. In accordance with section 54 of the GIPA Act, Council must consult where the information requested concerns: The Public Interest Test • Personal information Providing access to government information is restricted only when • Business interests there is an overriding public interest against disclosure. Schedule 1 of • Research that has been carried out; or the GIPA Act lists the conclusive considerations against disclosure. In • The affairs of another state or the Commonwealth government addition, section 14 of the GIPA Act lists the discretionary considerations against disclosure. Consultation must take place if the information is such that the person may have reasonable concerns about disclosure and those concerns are Review of Decisions relevant to the public interest test.

Where an applicant is refused access to information under a formal application pursuant the GIPA Act, Council will provide details of the reasons for refusal in writing. If the applicant is dissatisfied with Council’s determination of their application they may seek to have the

Information Guide - Version 1 Information Guide - Version decision reviewed either by: • Internal review - this is a review by a Council officer more senior than the original decision maker. Applicants have 20 working days from receiving notice of a decision to ask for a review, and a $40 fee is payable by the applicant. • External Review by the Information Commissioner - the applicant has eight weeks from receiving notice of a decision to ask for a review. Georges River Council

16 PART 6 - CONTACT DETAILS

Public Officer

Amongst other duties, the Public Officer may deal with requests from the public concerning Council’s affairs and has the responsibility of assisting people gain access to the public documents of Council.

Council’s Access to Information Officer is responsible for determining formal 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.

Members of the public seeking amendment of Council’s records should make written application to the Public Officer in the first instance.

The Public Officer

Phone: 9330 6400 Georges River Civic Centre Corner MacMahon and Dora Streets, Hurstville Email: [email protected]

Information Commissioner

If you require any other advice or assistance about access to 1 Information Guide - Version information, you may contact the Information Commissioner at the Information and Privacy Commission by telephone on 1800 472 679 (freecall), email at [email protected] or by post at GPO Box 7011, Sydney NSW 2001. Georges River Council

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