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Thank you for your email. It has been forwarded to an appropriate person for action. If your email was a complaint, it will be registered and assessed along with the other complaints that we receive today. Please allow up to 10 business days for us to contact you. If you don't hear from us within this time please call our inquiry line on 9286 1000 or 1800 451 524 (outside the Sydney Metro).

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Attention: The information in this e-mail and any attachments is confidential. The information may be legally privileged. The information is intended for the recipient identified in the e-mail only. If you are not an intended recipient of this e-mail, please contact the Ombudsman immediately that you received this e-mail, either by return e-mail or by telephone on 02 9286 1000. You should not review, print, re-send, distribute, store or take any action in reliance on information in this e-mail or any attachments. You should also destroy all copies of this e-mail and any attachments.
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For Official Use Only

Dear Lucius K

 

Your informal request for information under the GIPA Act

 

Here is the link to our Annual Reports on our office's website:

[1]http://www.ombo.nsw.gov.au/news-and-publ...

 

The only reports of investigations conducted by our office that become
public documents are reports to parliament.

 

You can check our Annual Reports for those years to see if a report to
parliament was made.

 

If there was no report to parliament then the report cannot be provided to
you by our office.

 

Formal applications under the GIPA Act

 

Section 41 of the GIPA Act states that a request for information is not a
valid access application unless it complies with certain formal
requirements. One of these is that the request is accompanied by a fee of
$30.

 

Section 43 of the GIPA Act sets out that an application under that Act
cannot be made for documents that concern certain functions of our office,
as follows:

 

43   Access application cannot be made for excluded information

(1)  An access application cannot be made to an agency for access to
excluded information of the agency.

Note. Information is excluded information of an agency if it relates to
any function specified in Schedule 2 in relation to the agency.

 

(2)  An application for government information is not a valid access
application to the extent that the application is made in contravention of
this section.

 

Functions of the Ombudsman’s office listed under clause 2 of Schedule 2 to
the GIPA Act, are as follows:

 

2   Complaints handling and investigative information

………

The office of Ombudsman—complaint handling, investigative and reporting
functions (including any functions of the Ombudsman under the Community
Services (Complaints, Reviews and Monitoring) Act 1993).

Information relating to the Ombudsman’s complaint handling, investigative
and reporting functions is specifically excluded from the GIPA Act. This
means that a valid application for such information cannot be made.

 

GIPA application to council

 

You may want to consider making a GIPA application for the information to
council.

 

You can find information about GIPA applications to council here:

 

[2]https://www.cbcity.nsw.gov.au/council/Co...

 

If you are not satisfied with council’s decision on any GIPA application
you make to council, there are three avenues of review: internal review by
a senior officer of council, external review by the Information
Commissioner or external review by the Administrative and Equal
Opportunity Division of the NSW Civil and Administrative Tribunal (NCAT).

 

You should note that the time for seeking an internal review is 20 working
days or, for external review, 40 working days from the date you were
notified of this decision. You do not have to ask for an internal review
prior to applying to the Information Commissioner. The Information
Commissioner cannot review a decision that has already been reviewed by
the NCAT.

 

You may obtain further information about your rights under the GIPA Act by
contacting the Information and Privacy Commission. Its contact details
are:

 

Phone:          1800 472 679

Mail:             GPO Box 7011

SYDNEY 2001

Email:           [3][email address]

Web:            [4]www.ipc.nsw.gov.au

 

The contact details for NCAT’s Administrative and Equal Opportunity
Division Registry are:

 

Phone:          1300 006 228 (option 3)

Visit/mail:      Level 10  John Maddison Tower,

86-90 Goulburn Street,

Sydney NSW 2000

Website:        [5]http://www.ncat.nsw.gov.au

 

I hope this information is useful.

 

Regards

Josephine Flanagan
Acting Senior Investigation Officer| Public Administration Division| NSW
Ombudsman
Level 24, 580 George Street, Sydney NSW 2000
P 02 9286 0961| F 02 9283 2911  | E [6][email address]
W [7]www.ombo.nsw.gov.au
• Please consider the environment before printing this correspondence.

 

-----Original Message-----

From: Lucius K [[8]mailto:[FOI #3604 email]]

Sent: Saturday, 3 June 2017 8:13 PM

To: Nswombo

Subject: Government Information (Public Access) request - 2009 or 2010
Report on Canterbury Council Regarding Disputed Cliff-face in
Undercliffe/Earlwood

 

Dear NSW Ombudsman,

I have found references in the media to a NSW Ombudsmans report scathing
of Canterbury Council's handling of a dispute over a cliff-face in
Undercliffe/Earlwood.  The report was released in 2009 or 2010. 

The matter involved Canterbury Council attempting to force an 82 year old
woman (Mrs Maloney?) to pay for the stabilisation of the cliff on her
land.  She ended up with over $250 000 in legal costs.  The Ombudsman
found that Canterbury Council acted disgracefully and illegally.

It is possible that the matter involving Canterbury Council is just a part
of a report that examines the activities of several councils in NSW.

I live in Earlwood, and am currently in a similar wrangle with the now
Canterbury Bankstown council.  They seem to have learnt nothing from the
condemnation in the 2010 report.

If you could track down this report my family and I would be very
appreciative.

 

Yours faithfully,

Lucius K

 

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Please use this email address for all replies to this request:

[9][FOI #3604 email]

 

Is [10][NSW Ombudsman request email] the wrong address for Government
Information (Public Access) requests to NSW Ombudsman? If so, please
contact us using this form:

[11]http://scanmail.trustwave.com/?c=5948&am...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[12]http://scanmail.trustwave.com/?c=5948&am...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

For Official Use Only

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Attention: The information in this e-mail and any attachments is
confidential. The information may be legally privileged. The information
is intended for the recipient identified in the e-mail only. If you are
not an intended recipient of this e-mail, please contact the Ombudsman
immediately that you received this e-mail, either by return e-mail or by
telephone on 02 9286 1000. You should not review, print, re-send,
distribute, store or take any action in reliance on information in this
e-mail or any attachments. You should also destroy all copies of this
e-mail and any attachments.
 

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