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Right to Information policy | Family & Community Services
Right to Information policy
How the former Department of Family and
Community Services complied with its obligations,
and how a member of the public may exercise their
right to access information held by the department
in accordance with the GIPA Act
View as chapters
Apply online to access information
Members of the public may submit online forms under the GIPA Act, including informal
requests for information, formal access applications and internal reviews, to access
information held by the Department of Communities and Justice (DCJ), that relate to the
following DCJ functions:
Courts, Tribunals and Services
Youth Justice (formerly Juvenile Justice)
Child protection
Housing
Disability services
Corrective Services
Please do not lodge an informal request to access another individual’s personal
information, or to request an entire copy of all your information held by the
department. If you are seeking the information of other individuals, or a copy of all
your information, you are required to submit a formal access application.
Apply Online Continue your saved form
Type of records held by the Department of Communities &
Justice
What you will need
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In order to submit your application online, you may need:
Identi cation documents, such as a Driver Licence, Medicare card or Passport
Credit Card or Debit Card details
Email address and mobile number
During the application process, you can expect
to receive communication from us via email and SMS
Frequently Asked Questions
Open Government, Information and Privacy (02) 9716 2662
xxxxxxxx@xxxx.xxx.xxx.xx
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.
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 speci es 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 of interest to the public. This information will be available free of
charge, or at the lowest possible cost to persons seeking such information.
A formal access application 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 relating to themselves. Information of a non-personal
nature may also be requested as part of a formal access application. Fees and charges may
apply.
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 le 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 and Subpoena Unit.
The Right to Information and Subpoena Unit (02) 9716 2662
xxxxxxxx@xxxx.xxx.xxx.xx
Scope
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This policy applies to FACS when responding to an informal or formal request for information,
or when publishing information, in accordance with the GIPA Act.
As of 1 July 2010, speci c 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 to provide assistance to members 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
FACS are required to publish Open Access Information in accordance with section 6 of the
GIPA Act.
On the FACS Open Access Information webpage you will nd 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 O ce or contact the Right to Information and Subpoena Unit
The Right to Information and Subpoena Unit (02) 9716 2662
xxxxxxxx@xxxx.xxx.xxx.xx
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
A member of the public has a legal right to
lodge 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
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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 an Incident Report
information from our website
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, and information relating to sensitive matters, may
not be considered as part of an informal request. However, this does not override an
applicant’s legal right to lodge a formal access application for this type of information.
FACS will endeavour to accommodate any informal request wherever 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 lodge a formal access application under the GIPA Act.
You can lodge an Informal Request for Information online.
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.
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.
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The Right to Information Unit, FACS Legal is responsible for all aspects of the management
and processing of formal access applications. You can lodge a formal access application
online.
How to make an application
All applications must contain the following information:
Must be in writing and lodged online or 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. A 50% reduction of the application fee
may be applicable; please see Fees and Charges for more information.
Must have a return email or postal address.
Include a valid copy of the applicant's identi cation, e.g. Driver Licence, Passport, Health
Care Card or Pensioner Concession Card.
Must include as much speci c information as possible to assist us to identify the
information you are requesting.
Applications lodged by post should be addressed to:
The Manager Right to Information and Subpoena Unit
FACS
Locked Bag 4028
Ash eld NSW 2131
Fees and charges
The application fee for a formal access application that is lodged online must be paid by credit
card or debit card. The application fee for a formal access application that is lodged by post
must be paid by cheque or money order, made payable to the Department of Family and
Community Services.
A formal access application is subject to the following fees and processing charges:
Application
Type of Information
Processing Charges
Fee
The rst 20 hours is covered by the application
Access to information
$30.00
fee after that there will be a charge of $30.00 per
of a personal nature
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
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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-pro t organisation (including a person applying for or on behalf of a non-pro t
organisation)
is su ering nancial hardship
is applying for information that is of special bene t to the public.
An advance deposit of up to 50 per cent of the total estimated processing charge 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 ve working days advising that you have
lodged a valid formal access application.
FACS will make a decision within 20 working days of receiving a valid formal access application
and notify you of the outcome. This time can be extended by 10 working days where the GIPA
Act requires consultation with a third party or for the retrieval of records from archives, or a
total of 15 working days if both circumstances apply. 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 certain circumstances where an applicant
requests information that contains, including, but not limited to:
personal information about another person
business information of a third party (including another government agency)
information concerning the a airs 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 o cer 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:
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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 speci ed
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 a airs.
Enhance accountability.
Inform the public about the operations of agencies.
Ensure e ective 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 con dential information that
facilitates the e ective 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 nancial interests.
Notice of Decision
A written notice of the decision will be provided to you 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.
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.
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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 o cer 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
Last updated: 02 Oct 2019
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