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Right to Information policy | Family & Community Services
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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
In order to submit your application online, you may need:
• Identification documents, such as a Driver Licence, Medicare card or Passport
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• 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 DCJ 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 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 DCJ. A client of DCJ may apply for information relating to services they may have 
received from DCJ, 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 DCJ to release information informally. This may be information 
relating to policies or any other information that is available on the DCJ website. A client of 
DCJ 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 and Subpoena Unit.
The Right to Information and Subpoena Unit 
(02) 9716 2662
xxxxxxxx@xxxx.xxx.xxx.xx
Scope
This policy applies to DCJ when responding to an informal or formal request for information, 
or when publishing information, in accordance with the GIPA Act.
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As of 1 July 2010, specific information held by a contractor engaged by DCJ to provide a 
service to the public on DCJ’ behalf will also be information that may be requested under the 
GIPA Act.
Policy statement
DCJ 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. DCJ 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
DCJ are required to publish Open Access Information in accordance with section 6 of the 
GIPA Act.
On the DCJ 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 and Subpoena Unit
The Right to Information and Subpoena Unit 
(02) 9716 2662
xxxxxxxx@xxxx.xxx.xxx.xx
DCJ 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 DCJ. This includes access to personal and non-personal information 
held by DCJ. 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 DCJ
• a copy of their correspondence with DCJ
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• 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. DCJ 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.
DCJ 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 DCJ 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 DCJ entered into from 1 July 2010, the contractor is to provide the 
information to DCJ for the purpose of processing the application, in accordance with section 
121 of the GIPA Act. DCJ 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 DCJ to facilitate delivery of a service.
The Right to Information Unit, DCJ Legal is responsible for all aspects of the management 
and processing of formal access applications.  You can lodge a formal access application 
online.
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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 identification, e.g. Driver Licence, Passport, 
Health Care Card or Pensioner Concession Card.
• Must include as much specific 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
DCJ
Locked Bag 4028
Ashfield 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 first 20 hours is covered by the 
Access to information of 
$30.00 
application fee after that there will be a 
a personal nature 
charge of $30.00 per hour 
Access to information of 
A processing charge of $30.00 per hour is 
$30.00 
a non personal nature 
applicable for non personal information 
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
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• 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 charge may be 
requested by DCJ. 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
DCJ 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.
DCJ 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.
DCJ 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 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 DCJ who is 
authorised by the Secretary of the Department of Family and Community Services.
DCJ 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.
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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, DCJ must apply a public 
interest test. The public interest test requires DCJ 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 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 DCJ 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. DCJ 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.
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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
DCJ 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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