What is the Government Information (Public Access) Act 2009 (NSW) (GIPA Act)?
The Government Information (Public Access) Act 2009 (NSW) (GIPA Act) replaces the Freedom of Information Act 1989 (NSW), and introduces a new right-to-information system. The new system is focused on making government information more readily available.
This means that a government agency must release information unless there is an overriding public interest against disclosure. The GIPA Act commenced on 1 July 2010.
What is ‘government information’?
Government information is anything held in a record by an agency, on behalf of an agency by a government contractor, or by the State Records Authority.
A record means any document or other source of information compiled, recorded or stored in written or electronic form.
Who can make a formal application for information?
Any person can make a formal application for access to information held by an agency. This should be the last resort, after the informal avenues have been tried.
How do I make a formal application for information? How much does it cost?
A valid formal application for access to government information must:
- be in writing
- state that it is made under the Government Information (Public Access) Act 2009 (NSW)
- have an Australian postal address for return correspondence
- provide sufficient details to help identify the information you want
- enclose the application fee of $30.00
How long will my application take?
You will be notified of the decision on your application within 20 working days, unless you agree to extend the time.
Agencies may also extend the time by 10-15 days where consultation with a third party is required or if it needs to retrieve records from archives.
If access is deferred by an agency then the agency must notify you and include the reason for deferral and the date on which you will be given access. A decision to defer access is reviewable (review rights).
If the agency does not decide your access application within 20 days, it is considered “refused”. Your application fee must be refunded and you may seek internal or external review (review rights) of this refusal.
This will not apply if an extension of time has been arranged or payment of an advance deposit is pending.
Can an agency refuse my request for information? What are my review rights?
Agencies can refuse your request if:
- the information you have asked for is already publicly available
- you have not paid a deposit
- your request would take an unreasonable amount of time to process
- there is an overriding public interest against disclosure
You have three options if you have been refused access to information:
- Internal review-You can apply to the agency for an internal review. This is review by someone more senior than the original decision maker and there is a $40.00 fee. You have 20 working days from receiving notice of a decision to ask for an internal review.
- Review by the Information Commissioner-If you are not satisfied with the internal review, or do not want one, you can ask for a review by the Information Commissioner. You have eight weeks from being notified of a decision to ask for this review.
- Review at the Administrative Decisions Tribunal-If you are not satisfied with the decision of the Information Commissioner or the internal reviewer or if you do not want to take these options you can apply to the Administrative Decisions Tribunal (ADT). If you have already had a review by the Information Commissioner you have four weeks from notification of the decision to make this application. If you haven’t had a review by the Information Commissioner you have eight weeks from notification of the decision to make this application.
Contact details:
Right to Information Officer
NSW State Emergency Service
PO Box 6126 Wollongong NSW 2500
Tel: (02) 4251 6111 Fax: (02) 4251 6500