ACCESSING NSW GOVERNMENT INFORMATION
PLEASE NOTE WE DO NOT HAVE DIRECT ACCESS TO GOVERNMENT INFORMATION AND RECORDS
Need help lodging a Request for NSW Government Information? Not sure where to send it? Need assistance completing an Agency access to information form? Have a question? Use the form below and we will respond.
The Government Information (Public Access) Act 2009, (GIPA), is available here.
* There are a number of ways you can request NSW government information. If you need help with any of these processes or have any questions please use our contact form above and we will respond.
* Informally:You do not need to complete a form, you can simply write a letter setting out your request. Some information is available informally, which means just drop the agency a line and ask, with no Application Fee applicable. Agencies generally have an Information Access Guide which sets out which information can be provided informally. If an agency cannot release the requested information informally, you will be asked to lodge a request formally.
The advantage of lodging a Formal Access Application is you have legislated review rights. There are no review rights with an Informal Access Application.
* Formally:You do not need to complete a form, you can simply write a letter setting out your request in accordance with the parameters of the legislation. The advantage of requesting information formally is you have review rights. This means if you're not happy with the agency's response to your request you can seek an administrative review of the agency's decision. An application fee of $30.00 applies, which can be paid via credit card over the phone, or by direct deposit to a nominated banking account. It if it the latter you will need to provide a copy of the bank transfer. The agency may impose further charges down the line depending on the time involved and the number of documents requested. These additional charges are discretionary and unfortunately can vary greatly from agency to agency, with some agencies evidenced to impose large fees yet they provide not a single page of information. And yes, decisions between agencies can vary considerably, for example, documents show several independent agencies petitioned for exactly the same information, returned completely different decisions, including one charging for documents and others providing them for free. The message here is Expect the Unexpected as there is no consistency!
Public Alert! On Monday 13th February 2023, Goulburn-Mulwaree Shire Council's Governance Manager Ms Maria Timothy was criticised by the NSW Civil & Administrative Tribunal (NCAT) for refusing to accept a formal request for Council information, which was in letter format. NCAT properly informed Ms Timothy the request was not unlawful and directed Council to afford due process.
What if you're not happy with the agency's decision? * Options for Review of Agency Decision: 1. Internal Review by the agency You can ask the agency to review its decision through an Internal Review. Charges of $40.00 usually apply. 2. External Review by the Office of the NSW Information & Privacy Commissioner (IPC) The IPC does not impose any fees for this service. You can simply email your agency decision to the IPC and request an internal review. The IPC will liaise with the agency and issue a report advising whether they agree with the agency decision or not. Because the IPC's review decisions are not binding, that is the agency does not have to comply with any recommendations, many people automatically take reviews straight to NCAT. 3. External Review by the NSW Civil & Administrative Tribunal (NCAT) An application for administrative review with NCAT falls under its Administrative & Equal Opportunity Division, AEOD. An Administrative Review Application form is available here and costs $110.00. You will need to attach the agency decision to the application. The NCAT Registry only accepts Applications via regular mail or delivered to the Registry in person. The NCAT process can be a very intimidating one, and an Applicant in the proceedings should expect the process to be very formal and court-like. As such, you need to treat your NCAT Application with respect, keep accurate records, and ensure you keep track of any notifications or instructions you will receive from NCAT. NCAT filing instructions are available here. You do not need a solicitor or lawyer, you can represent yourself in NCAT. The NCAT advertises it is an informal setting but it is actually very formal and court-like. Agencies often use large legal teams including barristers or the NSW Crown Solicitor's Office for NCAT proceedings. This can be extremely intimidating and stressful, particularly if you are not ordinarily a public speaker, as you can be facing very experienced opponents. You can ask the NCAT to allow you to have a McKenzie Friend Agent assist you during the proceedings. You can also ask to be represented by an Agent. The NCAT Act 2013 does not list any criteria for approving of an Agent. This has left unanswered questions. The NCAT process can include summonsing of witnesses, filing of evidence to support your Application, and compiling a Statement and Submissions. A Statement sets out what has occured with your request for information with the agency, it's a chronology of events. A Submission is where you set out your case and can include referencing caselaw precedents to support your case, it's your argument against the agency's decision.
Public Alert!Be prepared for the Standard Operating Procedure of agencies which sees them "move the goal posts" when called to the NCAT for a review of your GIPA Determination.The legislation actually allows agencies to broaden the parameters of their case, to include more information and refer to additional clauses, once NCAT proceedings commence.
This means the reasons for refusing you access to information initially, are allowed to be changed. There is a great deal of case law about this. NCAT upholds those cases! Many Access Applicants find this extremely distressing, particularly when they are not legally qualified, are non-legal professionals, or are not legally represented. It also leaves the public astonished when an agency can simply raise the stakes, making claims and presenting evidence previously not disclosed.
The LawAccess NSW website has useful information about NCAT forms and the NCAT Administrative Review process, available here.
* NSW Agency Access to Information Forms
The Office of the NSW Information & Privacy Commissioner (IPC) has provided a generic access to information form which can be lodged with all NSW agencies. However, a simple letter which meets the parameters of the legislation is completely suitable. The IPC Generic Access to Information Form is available here, and its Access to Information Flow Chart of how requests for information are processed is available here. An example of a suitable letter concerning an Informal request is available here. An example of a suitable letter concerning a formal request is available here.
NSW Agencies and Organisations Mandated by the GIPA Act 2009:
** Currently there are over (460) four hundred and sixty Right to Information & Privacy Officers in NSW, and still counting.
NSW Local Councils: A downloadable contact list for all NSW Local Councils is available here. Universities & State-Owned Corporations include: Avondale University Charlest Sturt University Hunter Water iCARE Insurance & CARE NSW Macquarie University Southern Cross University Sydney Water University of Newcastle University of New England University of NSW University of Technology Sydney University of Wollongong Water NSW Western Sydney University Other NSW government agencies include: Central Coast Local Health District Clinical Excellence Commission Department of Communities & Justice Department of Customer Service Department of Education Department of Planning & Environment Department of Premier & Cabinet Department of Regional NSW Enfironment Protection Authority Far West Local Health District Health Care Complaints Commission Illawarra Shoalhaven Local Health District Independent Pricing & Regulatory Tribunal Justice Health & Forensic Mental Health Network Independent Review Office Legal Aid NSW Long Service Corporation Mid-North Coast Local Health District Ministry of Health Murrumbidgee Local Health District NSW Education Standards Authority NSW Fair Trading NSW Health - Lachlan Health (Parkes & Forbes) Professional Standards Authority Revenue NSW SafeWork NSW Service NSW Southern NSW Local Health District State Insurance Regulatory Authority Sydney Local Health District Transport for NSW
DraftCom Pty Ltd t/as NSW Freedom of Information ABN: 87 076 511 941 PO Box 8030 Marks Point NSW 2280 P: 1300 679 364 or 1300 NSW FOI F: (02) 8246 3484 Hrs: Monday to Friday - 9.30am to 4.30pm
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