GIPA Act Fees and Charges
Fact sheet
June 2014
The
Government Information (Public Access)
Clause 5 of the
Government Information (Public Access)
Act 2009 (GIPA Act) aims to foster and
Regulations 2009 (GIPA Regulations) also specifies that
Ministers must disclose media releases and details of
promote responsible and representative
overseas travel, while government departments must
government that is open, accountable, fair and
publish a list of their major assets, the total number and
effective by:
value of properties disposed of in the previous financial
year, and their guarantee of service and code of conduct
authorising and encouraging the proactive public
(if any). For local councils, the GIPA Regulations contain
release of government information by agencies;
an extensive list of additional open access information
giving members of the public an enforceable right
that must be made publicly available, including:
to access government information; and
annual, financial, and auditors’ reports, management
providing that access to government information is
plans and various codes;
restricted only when there is an overriding public
agendas, business papers and minutes of meetings;
interest against disclosure.
information contained in certain registers;
Consistent with this object, Parliament intends that the
GIPA Act be interpreted to facilitate prompt access to
plans and policies;
government information at the lowest reasonable cost
(see GIPA Act section 3).
development applications and associated
documents; and
In most cases, government information sought under the
GIPA Act should be made available free of charge. In
information concerning approvals, orders and other
some circumstances, the GIPA Act allows agencies to
documents (see schedule 1).
charge for information. This fact sheet clarifies the
All open access information must be available free
circumstances in which fees and charges for access to
of charge on an agency’s website, unless this would
information may be levied, reduced, waived or refunded
impose an unreasonable cost on the agency. Local
under the GIPA Act. There is also a table at the end
councils must also make the information available
summarising the applicable fees and charges.
for inspection and copying at council offices.
Open access information
Agencies may charge for open access information
only if it is available for free in at least one other format.
Section 6 of the GIPA Act makes it mandatory for
Clause 4(1)(b) of the GIPA Regulations provides that
agencies to disclose some information proactively and
local councils may impose copying charges “not
free of charge, unless there is an overriding public
exceeding the reasonable cost of photocopying”.
interest against disclosure. This information is known
as ‘open access information’, and comprises:
Authorised proactive release of information
an agency information guide;
In addition to open access information, agencies are
authorised to release other information proactively,
documents tabled in Parliament by, or on behalf of,
unless there is an overriding public interest against
an agency;
disclosure. Information that an agency chooses to
an agency’s policy documents;
disclose proactively may be released free of charge,
or at the lowest reasonable cost (section 7).
a disclosure log of information released under formal
access applications;
Information released informally
a register of contracts an agency has with private
Agencies are authorised under section 8 of the GIPA
sector entities for a value of more than $150,000; and
Act to release any government information they hold to
a record of the open access information that is not
people requesting it, in the absence of an overriding
made public due to an overriding public interest
public interest against disclosure, without requiring
against disclosure (section 18) GIPA Act.
an access application to be lodged. Where the
information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
GIPA Act Fees and Charges
Fact sheet
information requested is open access information,
Processing charges
or additional information that has been released
Agencies that receive access applications, or have
proactively, agencies may charge as provided for in
applications transferred to them, may impose a charge
sections 6 and 7 of the GIPA Act. However, where
for processing the application of $30 per hour (see
other information is released in response to an informal
section 64). The $30 application fee also counts
request, there is no authority in section 8 of the
towards the first hour of processing (see section 64(3)).
GIPA Act to impose charges.
The processing time for an application, as set out in
section 64(2), is the total amount of time that is
Access applications
necessary to be spent by any officer of the agency in:
The provisions of the GIPA Act dealing with access
a) dealing efficiently with the application (including
applications contain the most detail with regard to fees
consideration of the application, searching for
and charges. The GIPA Act enables agencies to charge
records, consultation, decision-making and any
an application fee, and impose other charges to cover
other function exercised in connection with
the costs of processing the application. The GIPA Act
deciding the application); or
and the GIPA Regulations specify when the fees
b) providing access in response to the application
and charges may, and in some cases, must, be waived,
(based on the lowest reasonable estimate of
reduced or refunded. In addition, section 127 of the
the time that will need to be spent in providing
GIPA Act provides agencies with a general discretion
that access).
to waive, reduce or refund any fee or charge that may
be imposed under the GIPA Act in any circumstance
When an agency notifies an applicant of a decision to
they consider to be appropriate.
provide access to information, the applicant must also
be notified of any processing charges that will apply
Application fee
and how they have been calculated (section 62). Access
to the information may be made conditional on the
An application fee of $30 is payable by an applicant to
payment of the processing charge (section 64(4)).
an agency when lodging an access application for
government information (section 41), unless the fee has
An agency cannot impose processing charges where:
been waived by the agency. The application is invalid
the application is transferred to another agency
until this fee is paid. If the application is transferred to
another agency, the fee is payable to the original agency
(section 48); or
only, and not to the transfer agency (section 48).
it does not decide the application in time, even
An agency does not have to refund the application fee if:
if a late decision is made (section 63).
the application is amended or withdrawn (see
Advance deposit
sections 49 and 50);
An applicant may be asked to pay an advance deposit
the agency refuses to deal with the application
of up to 50 per cent of the estimated processing charge
(section 60(6)), unless it is a deemed refusal
(section 69). Under section 68, the notice requiring an
because the application was not decided within
advance deposit must:
the specified time frame (see below); or
include a statement of the processing charges for
the applicant fails to pay any advance deposit
work already undertaken by the agency in dealing
requested by the due date (section 68(3)(d)).
with the application; and
An agency must refund an application fee if:
include a statement of the estimated processing
charges for work that will need to be undertaken by
the agency has not decided the application within
the agency in dealing with the application; and
the specified time, known as a “deemed refusal”
(section 63); or
specify a date by which the advance deposit must be
paid (being a date at least four weeks after the date
the application is invalid for a reason other than
the notice is given); and
failure to pay the application fee (section 52(5)).
include a statement that if the advance deposit is not
There is no entitlement under the GIPA Act for an
paid by the due date the agency may refuse to deal
application fee to be waived or reduced. However,
further with the application and that this will result in
agencies may exercise the general discretion in
any application fee and advance deposit already
section 127 in any situation where they consider
paid being forfeited.
a waiver or reduction to be appropriate.
The applicant is entitled to a refund of any overpayment
(section 71), but is not entitled to have the deposit
refunded if the application is withdrawn (section 60).
information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
GIPA Act Fees and Charges
Fact sheet
The period within which an agency must decide an
hardship reduction will apply if the applicant provides
application freezes from when the decision to require a
evidence that he or she:
deposit is made until the deposit is paid.
is the holder of a Pensioner Concession card issued
by the Commonwealth that is in force; or
Example 1
Agency A writes to Applicant X on 26 June 2014
is a full-time student; or
advising of Agency A’s decision to grant access to the
is a non-profit organisation (including a person
information requested by Applicant X. The notification
applying for or on behalf of a not for profit
contains the following:
organisation).
We estimate that the charge for processing your
These are the circumstances in which an agency must
access application will be $900, based on 30 hours
reduce the processing charges. Agencies may choose to
of processing time. To date, four hours of time has
waive, reduce or refund the fees and charges in other
been spent, and we estimate that a further 26 hours
circumstances using the general discretion in section 127.
will be necessary to consider and compile the
information you have requested. Our calculations
Example 3
are based on the following:
If Applicant X in Example 2 holds a Pensioner
Application fee and 1st hour of processing = $30
Concession card, the calculations would be as follows:
Next 29 hours @ $30/hr = $870
Application fee and 1st two hours of processing = $30
TOTAL= $900
Next 20 hours @ $0/hr = $0
Before proceeding any further with your request, we
Next 8 hours @ $30/hr = $240
require a deposit of $450, being 50 per cent of the
estimated cost, to be paid on or before 27 August 2014.
SUB TOTAL = $270
Failure to pay by the due date means that we may
Less 50% discount = $135
refuse to deal further with the application. This will result
in forfeiture of any fee or charge already paid.
TOTAL = $135
Alternatively, depending on the circumstances, the
Personal information
agency may decide to waive the fees and charges, or
If an applicant is applying for their own personal
further reduce them.
information, or applying on behalf of someone else for
that person’s personal information, agencies cannot
Special benefit to the public generally
charge for the first 20 hours of processing (section 67).
Applicants are entitled to a 50 per cent reduction in
processing charges if the agency is satisfied that the
Example 2
information applied for is of special benefit to the public
If Applicant X in Example 1 were applying for his or her
generally (section 66). The 50 per cent reduction
own personal information, the calculations would be as
operates in the same manner as the reduction for
follows:
financial hardship, and the discretion under section 127
also still applies.
Application fee and 1st hour of processing = $30
If the information sought is made publicly available
Next 20 hours @ $0/hr = $0
before, or within three working days after, the applicant
Next 9 hours @ $30/hr = $270
is granted access, the applicant is entitled to a
full
waiver of the processing charges (section 66(2)).
TOTAL = $300
Agencies are able to use their discretion to determine
Financial hardship
when an access application relates to information that is
Section 65 states that applicants are entitled to a 50
of special benefit to the public generally
. Guideline 2:
per cent discount in processing charges if they can
Discounting charges explains how section 66 should be
demonstrate financial hardship. The discount applies
interpreted and applied. Agencies must have regard to
only to the processing charge, not the application fee.
Guideline 2 when deciding whether section 66 applies.
However, the application fee covers the first two hours of
processing time, not just the first hour as would normally
Review of decisions about fees and
be the case.
charges
This provision is supplemented by clause 9 of the
Section 80 provides that decisions to:
GIPA Regulations, which states that the financial
impose processing charges;
information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
GIPA Act Fees and Charges
Fact sheet
require an advance deposit;
refuse to reduce processing charges; or
refuse to deal further with an application because a
deposit has not been paid;
are reviewable by the agency, the Information
Commissioner, and the NSW Civil and
Administrative (NCAT). If an applicant, or a third
party to whom an application relates, chooses to
seek a review of an agency’s decision regarding
access to information, the following fees apply.
Internal review
For an internal review by the agency that made the
decision, a $40 fee is payable (section 85). This fee is
also payable where an internal review is recommended
by the Information Commissioner under section 93(6).
The fee is refundable if the agency does not conduct
the review within the specified time frame (section 86).
No processing charges are payable for internal reviews
(section 87).
External review
No fee is payable for an external review by the
Information Commissioner.
For review by NCAT filing fee applies. For further details,
please refer to the NCAT website:
www.ncat.nsw.gov.au.
For more information
Contact the Information and Privacy Commission
NSW (IPC):
Freecall:
1800 472 679
Email:
xxxxxxx@xxx.xxx.xxx.xx
Website:
www.ipc.nsw.gov.au
information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
