Your review rights under the GIPA Act and important information
about the Disclosure Log
The right to information system in New South
m) a decision to include information in a
Wales aims to foster responsible and
disclosure log despite an objection by
representative government that is open,
the access applicant or a third-party
accountable, fair and effective.
(authorised objector) or a decision that
the authorised objector was not entitled
You have a right to request a review of a
to object.
decision regarding the release of information if
you disagree with any of the following agency
You generally have three options to have a
decisions as set out under the
Government
decision reviewed:
Information (Public Access) Act 2009 (GIPA
Act):
1. Internal review
a) a decision that an application is not a
You have 20 working days
from receiving
valid access application
notice of a decision to lodge an application for
b) a decision to transfer an access
internal review. A notice is considered to have
application to another agency, as an
been given to a person when it is posted or
agency-initiated transfer
emailed by the agency.
c) a decision to refuse to deal with an
access application (including such a
If a Minister or the principal officer of an
decision that is deemed to have been
agency made the decision, you cannot ask for
made)
an internal review, but you can ask for an
d) a decision to provide access or to
external review (see sections 2 and 3).
refuse to provide access to information
in response to an access application
The review is not to be done by a person who
e) a decision that government information
is less senior than the person who made the
is not held by the agency
original decision. The review decision must be
f) a decision that information applied for
made as if it was a fresh application.
is already available to the applicant
g) a decision to refuse to confirm or deny
There is a $40* fee for an internal review
that information is held by the agency
application except if the decision is a ‘deemed
h) a decision to defer the provision of
refusal’ because CSNSW did not process your
access to information in response to an
application in time. In this case, you cannot be
access application
charged any review fee. *50% discount may
i) a decision to provide access to
apply.
information in a particular way in
response to an access application (or a
An agency must acknowledge your internal
decision not to provide access in the
review application within five working days of
way requested by the applicant)
receiving it.
j) a decision to impose a processing
charge or to require an advance
deposit
An agency must decide the internal review
k) a decision to refuse a reduction in a
within 15 working days (this can be extended
processing charge
by 10 working days if the agency has to
l) a decision to refuse to deal further with
consult with a third-party, or by agreement with
an access application because an
you).
applicant has failed to pay an advance
deposit within the time required for
payment
2. External review by the Information
If you object to this, please contact the
Commissioner
Information Access & Privacy Unit as soon
as possible; otherwise it will be assumed
If you disagree with any of the decisions listed
that you do not object.
above, you can ask for a review by the
Information Commissioner.
If you do object, after a relevant decision has
been made you may need to supply
If you are the person applying for access to
information to the Department to help it decide
information, you do not have to have an
whether to include all or specified information
internal review of the decision before asking
concerning the application in the disclosure log
the Information Commissioner to review it.
(s.56 of the GIPA Act).
If you are not the access applicant, you must
Further information
seek an internal review before applying for
review by the Information Commissioner.
Information Access & Privacy Unit:
You have 40 working days from being notified
(02) 8346 1359
of the decision to ask for a review by the
(02) 8346 1501
Information Commissioner. On reviewing the
decision, the Information Commissioner can
Information and Privacy Commission (IPC):
make recommendations about the decision to
the agency.
• Further information is on t
he IPC website
www.ipc.nsw.gov.au
Note: You cannot ask the Information
• Email:
xxxxxxx@xxx.xxx.xxx.xx
Commissioner to review a decision that has
• Mail: GPO Box 7011, Sydney NSW 2001
already been reviewed by the NSW Civil and
• Call: 1800 472 679 between 9am and 5pm,
Administrative Tribunal (NCAT)
Monday to Friday (excluding public
holidays).
3. External review by the NSW Civil and
Administrative Tribunal
If you are deaf or have a hearing or speech
impairment, you can call the IPC through the
If you disagree with any of the decisions listed
National Relay Service (NRS) on 133 677. If
above, you can ask for a review by the NSW
you need an interpreter, you can call the IPC
Civil and Administrative Tribunal (NCAT). If
through the Translating and Interpreting
you are the access applicant, you do not have
Service (TIS) on 131 450. NRS and TIS are
to have the decision reviewed internally before
free services.
applying for a review by the NCAT.
January 2017
You have up to 40 working days from being
notified of the decision to apply to the NCAT
for review. However, if you have applied for
review by the Information Commissioner, you
have 20 working days from being notified of
the Information Commission’s review outcome
to apply to the NCAT.
DISCLOSURE LOG (Does not apply to
applicants seeking personal information about
any person – Division 4 of the GIPA Act).
If the information sought is released to you,
and would be of interest to other members of
the public, details about the released
information (not your details) may be recorded
in the Department’s ‘disclosure log’. This log is
published on the website – www.Justice
.nsw.gov.au/corrective-services
Document Outline
