Fact Sheet
Updated September 2023
Frequently asked questions for citizens:
Informal release of information
Who is this
NSW citizens who are seeking more
2. How do I request information
information information about the informal release of
informally?
for?
information.
Why is this
This fact sheet is designed to address
You may wish to check with the agency to clarify whether
information issues or questions you may have when
the information you are seeking is already available or
important
considering asking for information from
request the information you are seeking.
to them?
an agency informally or when an agency
In making a request for information you should be as
offers to release information informally.
clear as possible, so the agency understands what
information you are seeking from them.
You don’t need to use a particular form to request
The
Government Information (Public Access) Act 2009
information informally.
(GIPA Act) allows agencies to release information to you
in response to an informal request.
However, some agencies have developed request forms
for informal requests. This assists the agency in
This fact sheet is designed to address issues or
understanding what government information you are
questions you may have when considering asking for
seeking, and your reasons for asking for that information.
information from an agency informally or when an
agency offers to release information informally.
It also helps the agency to understand the types of
information that people are interested in, allowing the
An advantage for citizens is that an informal request for
agency to consider releasing more of that information
information can facilitate access to government
proactively.
information promptly and at the lowest reasonable cost.
3. Do agencies have to provide all of
1. What does releasing information
the information requested?
informally mean?
If an agency decides to release information informally, it
Releasing information informally means that an agency
must first assess whether there is an overriding public
can give you information in response to your request,
interest consideration against disclosure1. This means
without requiring you to make a formal access
that some information you asked for may not be given to
application under Part 4 of the GIPA Act.
you because, for example, it contains another person’s
personal information, or a third party’s business
This means that:
information.
• you may receive the information more quickly
•
Information involving other people may mean part of the
the agency can impose conditions on the release of
information is redacted or withheld by the agency. This
information to you including how you can access the
allows the agency to release the remainder of the
information
•
information to you, rather than refusing to provide any of
you do not need to pay an application fee, or other
the information you have requested.
costs such as processing charges
• there is no timeframe imposed on the agency to
4. Can the agency charge me for
make a decision
•
information released informally?
you do not have the right to have the agency’s
decision reviewed.
The GIPA Act does not provide for agencies to charge
for information released informally.
1 Sections 8(1)and 14 GIPA Act
Information and Privacy Commission NSW
1
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
FAQs for citizens: Informal release of information
Fact Sheet
However an agency may advise you that the information
8. Can the agency be required to
you are seeking is extensive, and may invite you to view
the information, or allow you to copy the information at
consider my request for
your own expense where copying facilities are available.
information?
Alternatively the agency may suggest that you lodge a
formal access application which would require you to pay
No, there is no requirement under the GIPA Act for an
a fee of $30.
agency to consider an informal request for information5.
Further information about the formal access application
9. Can the agency ask me to make a
pathway is available on the IPC’s website.
formal application for information?
5. How soon will I get my
An agency may suggest that you make a formal access
information?
application for the information you are interested in. A
formal access application requires the agency to consider
The GIPA Act does not provide any statutory timeframes
your request in depth, assist you with the application6;
for dealing with, or deciding informal requests for
provide written reasons for the decision, make the
information.
decision within strict timeframes and provides you with
Agencies must deal with informal requests for information
review rights if you are dissatisfied with the decision.
in such a way that facilitates and encourages prompt
10. Do I have a right to seek a
access to government information requests at the lowest
reasonable cost.2
review of the agency’s decision
Agencies should give some indication as to when a
not to give me information?
request for information may be dealt with.
No. The GIPA Act does not provide a right of review of a
If an agency decides that your request for information
decision by an agency regarding an informal request.
would take an unreasonable amount of time, the agency
should discuss all other options with you including
11. What can I do if I am unhappy
making a formal access application.
about the way an agency has
6. Can the agency impose conditions
handled or responded to my
on the release of information?
informal request for information?
An agency may release information to you subject to any
If you are dissatisfied about the response you have
reasonable conditions the agency thinks it should
received from an agency following an informal request for
impose.3
information, you may wish to make a formal access
application or make a complaint to the agency or the
An example of a condition on release of information could
Information Commissioner.
be that an agency releases CCTV footage to media
organisations subject to those media organisations
Further information about the formal access application
pathway is available on the IPC’s website.
pixelating all images of individuals who may be identified
in the footage. Another example is that an agency may
For more information
release information on a confidential basis.
Contact the Information and Privacy Commission NSW
It is for the agency to decide what conditions it may wish
(IPC):
to impose in releasing the information to you. If you do
not accept the conditions, they do not have to release the
Freecall:
1800 472 679
information.
Email:
xxxxxxx@xxx.xxx.xxx.xx
Website:
www.ipc.nsw.gov.au
7. Can the agency decide how
NOTE: The information in this fact sheet is to be used as
information is released to me
a guide only. Legal advice should be sought in relation to
informally?
individual circumstances.
The IPC acknowledges the materials published by the
Yes.4 For example, although you asked for copies of
Office of the Information Commissioner, Queensland in
information, the agency may decide that you may inspect
the production of this fact sheet.
the information, but not take copies.
2
Report on the operation of the GIPA Act 2009 2015-2016
4 Section 8(4) GIPA Act
page 26
5 Section 8(3) GIPA Act
3 Section 8(2) GIPA Act
6 Section 16 and 52 GIPA Act
Information and Privacy Commission NSW
2
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
