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Right to Information policy | Family & Community Services
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Right to Information policy
How FACS complies with its obligations, and how 
a member of the public may exercise the right of 
access to information held by the Government 
under the GIPA Act
View as chapters
Background
From 1 July 2010 the Government Information (Public Access) Act 2009 (GIPA Act) 
replaced the Freedom of Information Act 1989 (FOI Act). The GIPA Act is designed to 
promote a fair, transparent and open government for the people of New South Wales. 
The Department of Family and Community Services (FACS) as an agency is required to 
publish as much information as possible, and respond to other requests for information.
This policy sets out how FACS complies with its obligations, and how a member of the 
public may exercise the right of access to information held by the Government under the 
GIPA Act.
The GIPA Act specifies information that must be disclosed on an agency’s website, or 
otherwise made available free of charge. The GIPA Act also encourages publication of 
other information that may be in the public interest. This information will be available free 
of charge, or at the lowest possible cost to persons seeking such information.
A formal access application, previously known as a Freedom of Information request, can 
be made by any member of the public for information held by FACS. A client of FACS 
may apply for information relating to services they may have received from FACS, or 
information FACS may hold about themselves. Information of a non-personal nature may 
also be requested as part of a formal access application. Fees and charges will be 
applicable.
The GIPA Act also allows for FACS to release information informally. This may be 
information relating to policies or any other information that is available on the FACS 
website. A client of FACS may obtain limited information from their file without the need 
for a formal access application.
For additional assistance relating to accessing information under the GIPA Act, or 
general enquires, please contact our Right to Information Unit (previously known as the 
FOI Unit)
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The Right to Information Unit 
(02) 9716 2662
Scope
This policy applies to FACS when publishing information, or responding to an informal or 
formal request for information under the GIPA Act.
The policy outlines how a client of FACS, and any other member of the public can use 
the GIPA Act to obtain access to information held by FACS.
As of 1 July 2010, specific information held by a contractor engaged by FACS to provide 
a service to the public on FACS’ behalf will also be information that may be requested 
under the GIPA Act.
Policy statement
FACS is required by the GIPA Act to provide access to a member of the public to obtain 
information held by this Agency. This is a legally enforceable right under the GIPA 
legislation. FACS is committed to openness and transparency in carrying out its 
functions, to publish information in accordance with the GIPA Act, and to disclose 
information in response to an informal request or formal access application, unless to do 
so would be contrary to the public interest.
Publication of government information
The FACS Open Access Information is a mandatory requirement in accordance section 6 
of the GIPA Act.
On the FACS Open Access Information webpage you will find the following types of 
information which may be of interest to the public:
• Policy Documents.
• Documents tabled in Parliament.
• Agency Information Guide.
• Register of Government Contracts.
• Disclosure Log.
In addition to this information, a wide range of other published materials are available at
www.facs.nsw.gov.au . If persons are unable to access this information via the internet, 
they may visit any Client Service Office or contact the Right to Information Unit
The Right to Information Unit 
(02) 9716 2662
FACS will review its Agency Information Guide at intervals no less than 12 months and 
will continue to update its website to provide you with the best possible information 
relating to our functions and services to all members of the general public.
Informal requests
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Any member of the public has a legal right to make an informal request for access to 
information held by FACS. This includes access to personal and non-personal 
information held by FACS. As part of an informal request, a person may be entitled to 
request information free of charge, such as:
• a copy of their Tenancy Agreement with FACS Housing
• a property Condition Report relating to their tenancy
• a copy of their assistance forms they lodged with FACS
• a copy of their correspondence with FACS
• a copy of Incident Report
• information from our websites, e.g  www.facs.nsw.gov.au
• information that has been made publicly available in the past.
An informal request for other non-personal information that does not involve information 
about another person, or otherwise sensitive information, may be considered.
Any informal request for information will be processed as soon as practicable. FACS 
reserves the right to refuse access to an informal request for information.
The release of information in response to an informal request is subject to following 
conditions:
• An estimated time limit of two hours is applicable when processing an informal 
request for access to information. In the event that it would exceed this time limit, 
an applicant will be advised to lodge a formal access application.
• Information relating to a third party will not be considered as part of an informal 
request. However, this does not override an applicant’s legal right to apply for this 
type of information as a formal access application.
• Information relating to sensitive matters will not be considered as part of an informal 
request. However, this does not override an applicant’s legal right to apply for this 
type of information as a formal access application.
FACS will endeavour to accommodate any informal request where ever possible in 
accordance with the objectives of the GIPA Act.
A decision that is made in response to an informal request is not subject to any legal 
review rights under the GIPA Act.
An applicant who is not given information in response to an informal request will be 
informed of their right to make a formal access application under the GIPA Act.
An applicant will be required to complete an Informal Request for Information form to 
access information informally. However, information from the FACS website or that has 
been made publicly available will not require an application form. An Informal Request for 
Information form may be lodged with the Right to Information Unit.
Requests for a copy of all information from an applicant’s FACS file will require a formal 
access application.
Formal Access Applications
A formal access application is necessary when the information sought is not published, is 
information relating to an applicant’s entire records or other information held by FACS 
that is not available in response to an informal request.
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Should a formal access application seek information concerning a service delivered to 
the public by a contractor of FACS entered into from 1 July 2010, the contractor is to 
provide the information to FACS for the purpose of processing the application, in 
accordance with section 121 of the GIPA Act. FACS has a legal right to obtain 
information held by the contractor that relates to:
• the performance of the service
• has been collected by the contractor from a member of the public
• was received by the contractor from FACS to facilitate delivery of a service.
The Right to Information Unit, FACS Legal is responsible for all aspects of the 
management and processing of formal access applications. An application should be 
made direct to the Right to Information Unit or forwarded promptly to the Unit if received 
elsewhere in FACS. This is crucial as there are statutory deadlines that FACS must 
comply with in accordance with the GIPA Act.
How to make an application
An application can be made for information held by FACS, or in some circumstances held 
by a contractor. All applications must contain the following information:
• Must be in writing and sent to the address stated below.
• Clearly state that the information is being sought under the GIPA Act.
• Be accompanied by the application fee of $30 in the form of a money order or 
cheque made payable to FACS.
• Must have a return postal address.
• Include a valid copy of the applicant's Health Care Card or Pensioner Concession 
Card, if this is applicable.
• Must include as much specific information as possible to assist us to identify the 
information you are requesting.
Applications should be addressed to:
The Manager
Right to Information Unit
FACS
Locked Bag 4028
Ashfield NSW 2131
Fees and charges
A Formal Access Application is subject to the following fees and processing charges:
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Application 
Type of Information
Processing Charges
Fee
The first 20 hours is covered by the 
Access to information 
$30.00 
application fee after that there wil  be a 
of a personal nature 
charge of $30.00 per hour 
Access to information 
A processing charge of $30.00 per hour is 
of a non personal 
$30.00 
applicable for non personal information 
nature 
Internal Review of a 
$40.00 
Not applicable 
decision 
An applicant may be eligible for a 50% discount on application and processing charges if 
the applicant:
• holds a valid Pensioner Concession Card
• holds a valid Healthcare Card
• is a full-time student
• is a non-profit organisation (including a person applying for or on behalf of a non-
profit organisation)
• is suffering financial hardship
• is applying for information that is of special benefit to the public.
An advance deposit of up to 50 per cent of the total estimated processing time may be 
requested by FACS. This will happen after consideration of the application and an 
assessment of the chargeable time required to identify and consider the release of 
relevant information. Should this be applicable to an application an applicant will be 
advised of the estimated processing charge and will be given at least four weeks for 
payment.
What happens after you lodge a Formal Access Application
FACS will contact you if it is necessary to clarify any aspect of the application.
You will receive an acknowledgment letter within five working days advising that you 
have lodged a valid formal access application.
FACS will make a decision on the application and notify the applicant within 20 working 
days. This time can be extended by 10 to 15 days where the GIPA Act requires 
consultation with a third party or the retrieval of records from archives. A request for an 
advance deposit may also extend the statutory time period.
A formal access application can only be made for information held at the time the 
application is received.
FACS is required to consult with a third party in some circumstances, where an applicant 
requests information that contains:
• personal information about another person
• business information of a third party (including another government agency)
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• information concerning the affairs of the Commonwealth Government or another 
state government.
Making a decision on a Formal Access Application
A decision on a formal access application can only be made by an officer of FACS who is 
authorised by the Secretary of the Department of Family and Community Services.
FACS must refuse access to certain information outlined in Schedule 1 of the GIPA Act, 
as there is a conclusive presumption of an overriding public interest against disclosure. 
Examples of these certain types of information include:
• Information that was prepared for the dominant purpose of submission to Cabinet.
• Information subject to legal professional privilege.
• Information contained within a report made under the Children and Young Persons 
(Care and Protection) Act 1998.
Where an access applicant requests information that does not fall within one of the 
specified categories of information listed in Schedule 1 of the GIPA Act, FACS must 
apply a public interest test. The public interest test requires FACS to consider public 
interest considerations favouring disclosure of the information requested, and weigh them 
against the public interest factors that do not favour disclosure of the same information.
Examples of public interest factors favouring the disclosure of information include the 
following:
• Promote discussion of public affairs.
• Enhance accountability.
• Inform the public about the operations of agencies.
• Ensure effective oversight of the expenditure of public funds.
• Reveal or substantiate misconduct or negligent, improper or unlawful conduct.
The above factors that favour disclosure are then weighed against any public interest 
considerations against disclosure. The public interest considerations against disclosure 
are listed in the GIPA Act, examples of which are:
• Disclosure would prejudice the supply to an agency of confidential information that 
facilitates the effective exercise of that agency’s functions.
• Would reveal an individual’s personal information.
• Disclosure could reasonably diminish the competitive commercial value of any 
information to any person, or prejudice any person’s legitimate business, 
commercial, professional or financial interests.
Notice of Decision
A written notice of the decision will be provided to an applicant within 20 working days 
unless it is subject to any extension. Any decision to refuse access will include reasons 
for the decision.
Payment of fees
Should any charges be payable, access will be given to the information only when 
payment is received.
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Rights of Review
A person aggrieved by a FACS decision has three options for review:
1. Internal review.
2. External review by the Information Commissioner.
3. External review by the New South Wales Civil and Administrative Tribunal.
An Internal Review may be sought within 20 working days of a notice of decision. The 
application must be accompanied by the appropriate fee of $40. FACS will arrange for 
the review to be undertaken by an authorised officer who did not make the original 
decision and is not subordinate to the original decision maker. A notice of decision 
regarding an internal review will be issued within 15 working days.
Alternatively, an independent review may be sought from the Information Commissioner 
or the New South Wales Civil and Administrative Tribunal.
A complaint can also be made to the Information Commissioner if you have concerns on 
how your application was handled.
The Information and Privacy Commission New South Wales
Email: xxxxxxx@xxx.xxx.xxx.xx
Phone: 1800 472 679
Legislation and compliance
FACS complies with the Government Information (Public Access) Act 2009. An annual 
report on the management of its functions will be prepared for the Minister as required by 
law.
Right to Information, Government Information (Public 
Access) Act 2009 forms
Further Information can be accessed from the Information and Privacy Commission New 
South Wales and the New South Wales Civil and Administrative Tribunal
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