Government Information (Public Access) Act 2009
ACCESS APPLICATION
Please complete this form to apply for formal access to government information under the
Government
Information (Public Access) Act 2009 (
GIPA Act). If you require assistance to complete this form please
phone Corporate Records on 4271 9671 to speak with a GIPA staff member or you can visit our website at
http://www.islhd.health.nsw.gov.au
1. Your details
Surname:
.............................................................................................
Title: Mr / Ms
Other names:
.....................................................................................................................
Postal address:
...................................................................................
Postcode: .............
Day-time telephone: ............................................
Facsimile: .....................................................
Email:
.....................................................................................................................
The questions below are optional and the information wil only be used for the purposes of providing better service.
Place of birth:
…………………………………
Main language spoken: ……………………..
Aboriginal or Torres Strait Islander:
Yes / No (circle one)
Do you have special needs for assistance with this application? ...............................................
………………………………………………………………………………………………………………….
…………………………………………………………………………………………………………………..
I agree to receive correspondence at the above email address.
2. Proof of identity
Only required when an applicant is requesting information on their own behalf.
When seeking access to personal information, an applicant must provide proof of identity in the
form of a certified copy of any one of the fol owing documents:
Australian driver’s licence
Current Australian passport
with photograph, signature and current address
Other proof of signature and current address details
3. Application Fee
Under Section 41(c) applications must be accompanied by a fee of $30
I attach payment of the
$30 application fee by cash / cheque / money order (circle one).
Cheques/Money Orders payable to: Il awarra Shoalhaven Local Health District
(Note: please do NOT send cash by post)
GIPA Application Form
1
Government Information (Public Access) Act 2009
ACCESS APPLICATION FORM
4. Government information
Please describe the information you would like to access in enough detail to allow us to identify it.
Note: If you do not give enough details about the information, the agency may refuse to process your application.
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
Are you seeking personal information?
Yes / No (circle one)
5. Form of access
How do you wish to access the information?
Inspect the document(s)
A copy of the document(s)
Access in another way (please specify) .....................................................................................
.........................................................................................................................................................
6. Disclosure log
If the information sought is released to you and would be of interest to other members of the public,
details about your application may be recorded in the agency’s ‘disclosure log’. This is published on the
agency’s website.
Do you object to this?
Yes /
No (circle one)
7. Third Party Consultation – Agency other than ISLHD
If the information sought is held by an agency other than ISLHD we may need to consult with this
agency.
Do you consent to the details of your application being disclosed to a Third Party?
Yes/No (circle one)
Government Information (Public Access) Act 2009
ACCESS APPLICATION FORM
8. Discount in processing charges
Note: this discount is not for the Application Fee
You may be asked to pay a charge for processing the application ($30 / hour). Some applicants may be
entitled to a 50% reduction in their processing charges. If you wish to apply for a discount, please
indicate the reason:
Financial hardship – please attach supporting documentation (eg a pension or Centrelink card).
Full-time Student
Non-profit organisation
(including a person for or on behalf of a non-profit organisation)
AND / OR
Special benefit to the public – please specify why below:
.........................................................................................................................................................
.........................................................................................................................................................
Applicant’s signature: ..........................................................................
Date: ..................................................................................................
Please post this form to:
Right to Information Officer
Il awarra Shoalhaven Local Health District (ISLHD)
PO Box 239
PORT KEMBLA NSW 2505
Phone:
(02) 4271 9671
Email:
xxxxxxxxxxxxxxxxxxxx@xxxxxx.xxx.xxx.xx
General information about the GIPA Act is available by calling the Information and Privacy Commission on
1800 472 679 or visit the IPC’s website: www.ipc.nsw.gov.au
Office use only
Date application received: ....................................................................
File reference:
link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5
Your review rights under the GIPA Act
Fact sheet
August 2018
The right to information system in NSW aims
(or a decision that the authorised objector was not
to foster responsible and representative
entitled to object).
government that is open, fair and effective.
You generally have three review options.
You have the right to request a review of certain
1. Internal review
decisions
1 made by government agencies about
You have
20 working days2 after the notice of a
the release of information under the
Government
decision has been given to you, to ask for an internal
Information (Public Access) Act 2009 (GIPA Act):
review by the agency that made the decision. An agency
a) a decision that an application is not a valid
may accept an application for internal review out of time,
access application
but is not obliged to do so.
3
b) a decision to transfer an access application to
If a Minister or their personal staff, or the principal officer
another agency, as an agency-initiated transfer
of an agency made the decision, you cannot ask for an
internal review
4, but you can ask for an external review.
c) a decision to refuse to deal with an access
application (including such a decision that is
Similarly, if the access applicant or one of a number of
deemed to have been made)
third parties has sought an internal review of the
decision that you are not satisfied with, you are not
d) a decision to provide access or to refuse to
entitled to seek an internal review of the decision. You
provide access to information in response to
are however able to seek an external review.
an access application
The review must be carried out by an officer who is
e) a decision that government information is not
no less senior than the person who made the original
held by the agency
decision.
5 The review decision must be made as if it
f) a decision that information applied for is already
was a fresh application.
6
available to the applicant
There is a $40 fee for an internal review application. An
g) a decision to refuse to confirm or deny that
agency may choose to waive the internal review fee.
7
information is held by the agency
No fee applies for an internal review if the decision is a
‘deemed refusal’ because the agency did not process
h) a decision to defer the provision of access to
your application in time
8 or the internal review is
information in response to an access application
conducted because the Information Commissioner has
i)
a decision to provide access to information in
recommended the agency reconsider its decision under
a particular way in response to an access
section 93 of the GIPA Act.
9 In this case, you cannot be
application (or a decision not to provide access
charged any review fee.
in the way requested by the applicant)
The agency must acknowledge your application within
j)
a decision to impose a processing charge or
five working days of receiving it.
10 The agency must
to require an advance deposit,
decide the internal review within
15 working days
11 (this
can be extended by
10 working days if the agency has
k) a decision to refuse a reduction in a processing
charge
2 Section 83(1) GIPA Act
l)
a decision to refuse to deal further with an access
3 Section 83(2) GIPA Act
application because an applicant has failed to
4 Section 82(2) GIPA Act
pay an advance deposit within the time required
5 Section 84(2) GIPA Act
for payment
6 Section 84(1) GIPA Act
7
m) a decision to include information in a disclosure
Section 127 GIPA Act
8
log despite an objection by the authorised objector
Section 85(2) GIPA Act
9 Section 93(6) GIPA Act
10
Section 83(3) GIPA Act
1 Section 80 GIPA Act
11 Section 86(1) GIPA Act
Page
1 of
3
link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6 link to page 6
Your review rights under the GIPA Act
Fact sheet
to consult with a third party not previously consulted
12, or
(a)
may be effected by properly addressing,
by agreement with you
13).
prepaying and posting a letter containing
the document, and
What is a working day?
(b)
in Australia or in an external Territory—is,
unless evidence sufficient to raise doubt is
A working day is defined as any day that is not a
adduced to the contrary, taken to have
Saturday, a Sunday or a public holiday.
14
been effected on the fourth working day
The close down for Christmas/ New Year is not excluded
after the letter was posted, and
from the meaning of working day, so that only those
(c)
in another place—is, unless evidence
days in the close down period that are Saturdays,
sufficient to raise doubt is adduced to the
Sundays or public holidays are excluded from working
contrary, taken to have been effected at the
days for the purposes of calculating time in the GIPA
time when the letter would have been
Act.
delivered in the ordinary course of post.
What do the words ‘given to’ mean?
2. External review by the Information
Commissioner
A recent Tribunal decision,
Choi v University of
Technology Sydney [2017] NSWCATAD 198 considered
If you disagree with any of the decisions listed above,
the meaning of the words ‘given to’ in looking at whether
you can ask for a review by the Information
an application for internal review had been made within
Commissioner.
time.
If you are the person applying for access to information,
The question before the Tribunal in
Choi was about
you do
not have to have an internal review of the
giving a notice of decision by email however the Tribunal
decision before asking the Information Commissioner
in looking at the words “given to” also looked at
to review it.
15
decisions being given to a person by post.
If you are not the access applicant, you
must seek an
In
Choi, at [23], the Tribunal’s reasoning was that the
internal review before applying for review by the
words “given to” have their ordinary meaning of
Information Commissioner. However, if an internal
“delivered” or “handed over”.
review cannot be sought (if a Minister or their personal
staff, or the principal officer of an agency made the
The Tribunal in Choi at [24] to [25] also referred to
decision), you can seek a review by the Information
previous decisions of Tribunals which considered the
Commissioner.
16
question of when a decision may be given to a party by
posting a letter, served by post, which is when the letter
You have
40 working days17 from being notified of
would be delivered in the ordinary course of the post,
the decision to ask for a review by the Information
unless it can be proved otherwise.
Commissioner.
The Tribunal in
Choi found that the notice was given to
There is not a provision in the GIPA Act that enables the
the applicant when it was received by email.
Information Commissioner to accept applications out of
time. On reviewing the decision, the Information
The Tribunal observed that the email notice was sent by
Commissioner can make recommendations about
the agency to the Applicant and there was no dispute
the decision to the agency.
that the email was received. In those circumstances the
Tribunal could not be satisfied that there was a
Note: You cannot ask the Information Commissioner
reasonable excuse for the Applicant’s delay in lodging a
to review a decision that has already been reviewed by
request for administrative review to the Tribunal.
the NSW Civil and Administrative Tribunal (NCAT)
18.
What is service by post?
3. External review by the NSW Civil and
Administrative Tribunal (NCAT)
Section 76 of the
Interpretation Act 1987 provides that:
If you disagree with any of the decisions listed above,
(1)
If an Act or instrument authorises or requires any
you can ask for a review by NCAT. You do not have to
document to be served by post (whether the word
have the decision reviewed internally, or by the
“serve”, “give” or “send” or any other word is
Information Commissioner before applying for review
used), service of the document:
by NCAT.
12 Section 86(2) GIPA Act; IPC Fact Sheet
Why consult
third parties; Guideline 5 Consultation on the public
15 Section 89 (2)(a) GIPA Act
interest considerations
16 Section 89 (2)(b) GIPA Act
13 Section 86(4) GIPA Act
17 Section 90 GIPA Act
14 Clause 1, Schedule 4 to the GIPA Act
18 Section 98 GIPA Act
Page
2 of
3
link to page 7 link to page 7
Your review rights under the GIPA Act
Fact sheet
You have
40 working days19 from being notified of the
decision to apply to NCAT for review. However,
if you have applied for review by the Information
Commissioner, you have
20 working days20 from
being notified of the Information Commission’s review
outcome to apply to NCAT.
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
Further Information:
Illawarra Shoalhaven Local Health District
Go to: www.islhd.health.nsw.gov.au
E-mail: xxxxxxxxxxxxxxxxxxxx@xxxxxx.xxx.xxx.xx
Mail: PO Box 239
PORT KEMBLA NSW 2505
Phone: (02) 4271 9671
Monday to Friday
8:30am to 5.00pm
(excluding public holidays)
19 Section 101(1) GIPA Act
20 Section 101(2) GIPA Act
Page
3 of
3
Document Outline
- ADPD739.tmp
- Brochure - Your review rights under the GIPA Act.pdf
