Fact sheet
Your rights to accessing
June 2014
government information in NSW
In NSW, you have a legal enforceable right to
2. Agencies are not required to release all information on
access most government information under
their website, but a lot of information should still be
available unless there is an overriding interest against
the Government Information (Public Access)
disclosure.Theagency’sRighttoInformationOfficer
Act 2009 – or the ‘GIPA Act’, unless there is an
can tell you how and where you can access it either
overriding public interest against disclosure.
free of charge or at the lowest reasonable cost.
3. If it is your own personal information and easy to
What is the GIPA Act?
find,theagencyshouldprovideitatnocosttoyou
The GIPA Act sets out the rules about how you can
– this is cal ed an ‘informal release’.
access information from government agencies.
4. If you can’t get the information any other way, you
Government information can include how a government
can make a ‘formal application’.
agency works, or your own personal information that
is held by a government agency. It excludes some
information, such as information about an individual
How do I make a formal application?
who has been dead for more than 30 years.
This is also known as an ‘access application’, and you
can ask the agency if they have an application form.
Who does it apply to?
These are often available to download from the agency’s
website. Otherwise, you can lodge your own application.
The GIPA Act applies to al public service agencies in
Either way, an application wil only be valid if it meets
NSW, including:
the following requirements:
• Government departments
• Put your application in writing and lodge it with
• Local councils
the agency you think holds the information
• State-owned businesses
• Say it is an access application made under the GIPA Act
• Universities
• Include payment of the $30 application fee
• Ministers and their staff.
• Include your postal address
• Explain in clear terms the information you are applying
How can I access government information?
for, so the agency can identify the information.
There are two things you can do:
How much wil it cost?
1. Check out the agency website to see if the
information you are seeking is publicly available
The standard cost for a formal application is $30.
The application wil be deemed invalid until the fee is paid.
OR
There may be processing charges (charged at a rate of
2. Contact the agency’s customer service staff. If they
$30perhour).Theseshouldbewaivedforthefirst
cannot provide you with the information, you can
20 hours of processing time if the information is the
asktospeaktotheirRighttoInformationOfficer.
applicant’s personal information.
NOTE: You need to contact the government agency that
Information about processing fees is usual y available on
you believe has the information you want.
the agency’s website, or speak to the agency’s Right to
InformationOfficerforassistance.
How do agencies give out information?
1. A lot of information wil be publicly available on an
What if I can’t pay the fees?
agency’s website, however, if you don’t have access
Talk to the agency before you lodge your application
to the internet you can request a copy. This must be
and ask if they can help you. Agencies have a general
provided free of charge.
discretion to waive, reduce or refund any fee or charge
that may be imposed under the GIPA Act.
Information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
Fact sheet
Your rights to accessing government information in NSW
June 2014
How long should my application take?
If you are the person applying for access to information,
you do not need to have an internal review of the decision
• Yourapplicationwil usual ybefinalisedwithin
before asking the Information Commissioner to review it.
20 working days after it is received by the agency
• Iftheagencyneedstotalktoanotherpersonorfind
If you are not the access applicant, the decision must be
information stored in archives it may take an extra
internal y reviewed before you can apply for a review by
10-15 working days
the Information Commissioner. However, if an internal
review cannot be sought (e.g. because a Minister, their
• If it takes longer than this, the agency must give
personalstaff,ortheprincipalofficerofanagencymade
your money back.
the decision) you can apply directly for a review by the
Information Commissioner.
What if I don’t get the information
You have 40 working days from the time the decision
I wanted?
is given to you to ask for a review by the Information
If you are unhappy with the agency’s decision, you can:
Commissioner. On reviewing the decision, the
Information Commissioner can make recommendations
OPTION 1: Request an internal review by the agency
about the decision to the agency.
within 20 working days after the notice of the decision
has been given to you.
NOTE: You cannot ask the Information Commissioner
OPTION 2A: Request an external review by the
to review a decision that is being or has been reviewed
Information Commissioner within 40 working days
by NCAT.
after the notice of the decision has been given to you.
OR
OPTION 2B: External review by NCAT
OPTION 2B: Request an external review by the NSW Civil
Ifyouaredissatisfiedwiththeagency’sdecisionyoucan
and Administrative Tribunal (NCAT) within 40 working days
ask for a review by the NSW Civil and Administrative
after the notice of the decision has been given to you.
Tribunal (NCAT).
You have 40 working days from the time the decision is given
OPTION 1: Internal review process
to you to apply to NCAT for a review. However, if you have
applied for a review by the Information Commissioner, you
You have 20 working days from the time the decision is
have20workingdaysfrombeingnotifiedofthecompletion
given to you to ask for an internal review by the agency
of the Commissioner’s review to apply to NCAT.
that made the decision.
An internal review is carried out by the agency where
NOTE: You do not need to have the decision reviewed
you made your application. The review must be carried
internal y, or by the Information Commissioner before
outbyanofficernolessseniorthanthepersonwho
applying for a review by NCAT.
made the original decision.
You cannot ask for an internal review if a Minister or their
personalstaff,ortheprincipalofficerofanagencymadethe
decision. However, you can ask for an external review by the
About the IPC
Information Commissioner or NCAT (see Option 2A and 2B).
The Information and Privacy Commission (IPC)
There is a $40 application fee, however no fee applies for
is an independent statutory authority that
an internal review if the decision is a ‘deemed refusal’
administers NSW’s legislation dealing with
because the agency did not process your application
privacy and access to government information.
in time; or if the internal review is conducted because
the Information Commissioner has recommended the
Contacting the IPC
agency reconsider its decision.
Our business hours are 9am to 5pm
The agency must acknowledge your application within
Monday to Friday (excluding public holidays).
fiveworkingdaysofreceivingit,anddecidetheinternal
Level 11, 1 Castlereagh Street, Sydney
review within 15 working days (this can be extended by
10 working days if third party consultation is required).
Post: GPO Box 7011, Sydney NSW 2001
Phone: 1800 IPC NSW (1800 472 679)
OPTION 2A: External review by the
Email: xxxxxxx@xxx.xxx.xxx.xx
Information Commissioner
Web: www.ipc.nsw.gov.au
Ifyouaredissatisfiedwiththeagency’sdecisionyou
Fax: (02) 8114 3756
can ask for a review by the Information Commissioner.
Information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
Fact sheet
Your rights to accessing government information in NSW
June 2014
How can I get information from a government agency?
Check if the information is already publicly available.
Checktheagency’swebsiteorcontacttheirCustomerServiceteamand/orRighttoInformationOfficer.
NO
Ask if the agency will release the information to you informally.
Contacttheagency’sCustomerServiceteamand/orRighttoInformationOfficer.
NO
Complete a formal application under the Government Information (Public Access) Act 2009 (GIPA Act).
(See steps below)
Making a formal application:
The agency may have a specific form
NO
If not:
for you to fill in on their website.
•Put your request in writing and lodge it with the
agency you think holds the information
• Say it is an access application made under the GIPA Act
• Include payment of the $30 application fee (see below)
•Include your postal address
YES
•Explain in clear terms the information you are applying
for, so the agency can identify the information.
YES
There is an application fee of $30.
(The application is deemed invalid if this fee is not paid. In limited circumstances an agency may waive or reduce this fee.)
YES
Your application should be processed within 20 working days.
(Extended by 10-15 working days if the agency needs to consult with others or get archived material). There may
be a processing fee – you wil be told if there is.
You will be informed in writing of the agency’s decision.
Reviewing an agency’s decision:
If you are not happy with the
OPTION 1: Request an internal review.
decision, or the agency hasn’t
This is when someone else in the agency assesses
made a decision in time, you
your application. This costs $40 (there’s no cost if the
have the right to a review.
agency didn’t make the original decision in time).
You have the option of applying
to the agency for an internal
review and/or applying to
OPTION 2A: Request an external review
the Information Commissioner
by the Information Commissioner. A form
and/or the NSW Civil and
for this is on our website. There is no cost.
Administrative Tribunal (NCAT).
However, the Information
Commissioner cannot review
a decision that is being or
OPTION 2B: Request an external review by NCAT.
has been reviewed by NCAT.
This currently costs $77.
NOTE: The information in this fact sheet is to be used as a guide only.
Legal advice should be sought in relation to individual circumstances.
Information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
