NSW Information Commissioner Confirms Agency Access to Information forms are
Not Mandated under the GIPA Act 2009, 23.12.2023
It was a pleasant receipt of the Information Commissioner’s correspondence today stating that Agency Access to Information Forms are not mandatory, leaving the public free to choose whether or not they prefer to ask for NSW government information under their own pen and paper, or if they opt for the nominated form.
The Commissioner was responding to an enquiry from Telina Webb of NSW Freedom of Information who was concerned an Access Application lodged with Goulburn Mulwaree Shire Council (GMC) under her own letterhead had been rejected as invalid.
GMC had written to Ms Webb asking her to utilise its application form, which saw her request Council’s policy and procedure for doing so, and seek comment from the Commissioner in her capacity as regulatory body.
Webb generally declines to utilise agency nominated forms as they regularly request information that is not relevant to the access application, and the privacy statements are usually totally inadequate.
Some forms include a declaration from the Access Applicant that the information is true and correct, with commentary stating anything to the contrary is considered an offence.
“Again, a small town agency pushing people around, when the whole point of its existence is to serve the public and not its own agenda. I appreciate the Commissioner’s confirmation today. From my own perspective I will not use agency forms and I would not recommend doing so. Some of the dialogue is nothing short of entrapment and dereliction of duty. It’s not about what they want or demand, it’s about what can they do for the public they serve; after all it’s tax payers and rate payers funding them,” stated Webb.
“Goulburn Mulwaree Council is the very same agency that colluded with Palerang and Queanbeyan Councils, breaching the public’s privacy, in order to secure a Section 110 Order against a member of the public in 2015. And it’s the same agency documented to have a meeting to do so, but claiming there are no minutes in existence recording it doing just that. Clearly making up the rules to suit its agenda; throwing any aspect of governance or accurate record keeping straight out the window. I base that opinion on my personal experience with this NSW agency.”
The Commissioner’s letter is available here.
Contact: Maria Timothy, Governance Manager, maria.timothy@goulburn.nsw.gov.au
The Commissioner was responding to an enquiry from Telina Webb of NSW Freedom of Information who was concerned an Access Application lodged with Goulburn Mulwaree Shire Council (GMC) under her own letterhead had been rejected as invalid.
GMC had written to Ms Webb asking her to utilise its application form, which saw her request Council’s policy and procedure for doing so, and seek comment from the Commissioner in her capacity as regulatory body.
Webb generally declines to utilise agency nominated forms as they regularly request information that is not relevant to the access application, and the privacy statements are usually totally inadequate.
Some forms include a declaration from the Access Applicant that the information is true and correct, with commentary stating anything to the contrary is considered an offence.
“Again, a small town agency pushing people around, when the whole point of its existence is to serve the public and not its own agenda. I appreciate the Commissioner’s confirmation today. From my own perspective I will not use agency forms and I would not recommend doing so. Some of the dialogue is nothing short of entrapment and dereliction of duty. It’s not about what they want or demand, it’s about what can they do for the public they serve; after all it’s tax payers and rate payers funding them,” stated Webb.
“Goulburn Mulwaree Council is the very same agency that colluded with Palerang and Queanbeyan Councils, breaching the public’s privacy, in order to secure a Section 110 Order against a member of the public in 2015. And it’s the same agency documented to have a meeting to do so, but claiming there are no minutes in existence recording it doing just that. Clearly making up the rules to suit its agenda; throwing any aspect of governance or accurate record keeping straight out the window. I base that opinion on my personal experience with this NSW agency.”
The Commissioner’s letter is available here.
Contact: Maria Timothy, Governance Manager, maria.timothy@goulburn.nsw.gov.au
Do you have experience with Agencies enforcing use of their GIPA forms? Would you like to share that experience on this platform?
Please use the form below or email Telina direct at info@nswfreedomofinformation.net.