Fact Sheet
Updated June 2024
Your right to access government
information in NSW
Who is this
NSW citizens seeking information about
How can I access government
information accessing information.
information?
for?
Why is this
This fact sheet helps you to understand
There are two things you can do:
information your rights in NSW and how to apply for
1. Check the agency website to see if the information
important
information formally.
you are seeking is publicly available, OR
to them?
2. Contact the agency’s customer service staff. If they
cannot provide you with the information you can ask
to speak to their Right to Information Officer.
In NSW, you have a legally enforceable right to access
most government information under the
Government
NOTE: You need to contact the government agency that
Information (Public Access) Act 2009 (the GIPA Act),
you believe has the information you want.
unless there is an overriding public interest against
disclosure.
How do agencies give out
What is the GIPA Act and what is
information?
government information?
1. Under the GIPA Act, agencies need to release
certain information (known as ‘open access
The GIPA Act sets out the rules about how you can
information’) unless there is an overriding public
access government information from NSW government
interest against doing so. Generally, open access
agencies. Government information means any
information must be made publicly available, free of
information contained in a record held by a NSW
charge, and on an agency’s website. Agencies can
government agency. Government information can include
also make open access information available in other
records and data about how a government agency works,
ways, for example, in hard copy, electronic
or your own personal information that is held by a
attachment or by viewing in the agency’s office.
government agency.
Importantly, there is a presumption in favour of releasing
2. Agencies are not required to release all information
government information. However, some government
on their website, but a lot of information should be
information is effectively excluded from access under the
available unless there is an overriding public interest
GIPA Act, such as information about a court’s judicial
against disclosure, or it would be unreasonably
functions.
costly for the agency to publish the information on
their website. The agency’s Right to Information
Who does it apply to?
Officer can tell you how and where you can access
the information either free of charge, or at the lowest
The GIPA Act applies to:
reasonable cost.
• NSW government departments
3. If you are unable to locate the information on the
• NSW local councils
agency’s website, contact the agency and ask for the
information – this is known as ‘informal release’.
• NSW State Owned Corporations
Agencies can release information informally, subject
•
to any reasonable conditions.
Universities
• NSW Ministers and their staff.
4. If you can’t get the information any other way, you
can make an ‘access application’.
More information about the types of agencies covered by
the GIPA Act is available in the
IPC Fact Sheet – What is
an agency?
Information and Privacy Commission NSW
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www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
Your right to access government information in NSW
Fact Sheet
How do I make an access
• If it takes longer than this and you have not
consented to an extension of time, the agency is
application?
deemed to have refused your application and
This is also known as an ‘formal application’. Application
must refund your application fee.
forms for an access application are often available to
What if I don’t get the information I
download from the agency’s website. Otherwise, you can
lodge your own application.
wanted?
Either way, an application will only be valid if it meets the
If you are unhappy with the agency’s decision you have
following requirements:
the following options:
• Put your application in writing and send or lodge
OPTION 1: Request an internal review by the agency
it with the agency you think holds the information
within 20 working days after the notice of the decision
•
has been given to you.
State that it is an access application made under
the GIPA Act
OR
• Include payment of the $30 application fee
OPTION 2A: Request an external review by the
Information Commissioner within 40 working days after
• Include your name and a postal or email address
the notice of the decision has been given to you.
• Explain in clear terms, the information you are
OR
applying for so the agency can identify the
information.
OPTION 2B: Request an external review by the NSW
Civil and Administrative Tribunal (NCAT) within 40
You are also required to disclose in your access
working days after the notice of the decision has been
application whether you have applied, at any time, to
given to you.
another agency for substantially the same information
and, if so, which agency you previously applied to.
OPTION 1: Internal review process
However, your application will not be invalid if this
You have 20 working days from the time the decision is
information is not included.
given to you, to ask for an internal review by the agency
How much will it cost?
that made the decision.
An internal review is carried out by the agency where you
The standard cost for a formal application is $30. The
made your access application. The review must be
application will be deemed invalid until the fee is paid.
carried out by an officer no less senior than the person
There may be processing charges (charged at a rate of
who made the original decision.
$30 per hour). These should be waived for the first 20
You cannot ask for an internal review if a Minister or their
hours of processing time if the information is your
personal staff, or the principal officer of an agency made
personal information.
the decision. However, you can ask for an external
Information about processing fees is usually available on
review by the Information Commissioner or NCAT (see
the agency’s website, or you can speak to the agency’s
Option 2A and 2B).
Right to Information Officer for assistance.
You cannot ask the government agency for an internal
What if I can’t pay the fees?
review of a decision that was itself an internal review
decision.
Talk to the agency before you lodge your application and
There is a $40 application fee. However, no fee applies
ask if they can help you. Agencies have a general
for an internal review if the decision is a ‘deemed refusal’
discretion to waive, reduce or refund any fee or charge
as a result of the agency:
that may be imposed under the GIPA Act.
• not processing your application in time, or
How long will my application take?
• if the review of the decision is conducted by the
• Your application will usually be finalised within 20
government agency because the Information
working days after it is received by the agency
Commissioner recommended that
•
reconsideration.
You and the agency may agree to an extension
of time beyond 20 working days
The agency must acknowledge your application within
•
five working days of receiving it and decide the internal
If the agency needs to talk to another person, or
review within 15 working days (this can be extended by
find information stored in archives, it may take an
10 working days if third party consultation is required).
extra 10 working days
•
If the agency is required to both consult and
retrieve records from archives, then it may take
an extra 15 working days
Information and Privacy Commission NSW
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www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
Your right to access government information in NSW
Fact Sheet
OPTION 2A: External review by the Information
Commissioner
If you are unhappy with the agency’s decision you can
ask for a review by the Information Commissioner.
You have 40 working days from the time the decision is
given to you, to ask for a review by the Information
Commissioner. On review, the Information Commissioner
can make recommendations about the decision to the
agency.
The Information Commissioner cannot review a decision
that is being or has been reviewed by NCAT.
OPTION 2B: External review by the NSW Civil and
Administrative Tribunal (NCAT)
If you are dissatisfied with the agency’s decision you can
ask for a review by NCAT.
You have 40 working days from the time the decision is
given to you, to apply to NCAT for a review. However, if
you have applied for a review by the Information
Commissioner, you have 20 working days from the time
you are notified of the completion of the Commissioner’s
review, to apply to NCAT.
NOTE for OPTION 2A and 2B:
If you are the person applying for access to
information, you do not need to have an internal review
of the decision before asking the Information
Commissioner or NCAT to review it.
If you are not the access applicant, the decision must
be internally reviewed before you can apply for a review
by the Information Commissioner or NCAT. However, if
an internal review cannot be sought (e.g., because a
Minister, their personal staff, or the principal officer of an
agency made the decision) you can apply directly to the
Information Commissioner for an external review.
About the IPC
The Information and Privacy Commission (IPC) is an
independent statutory authority that administers NSW’s
legislation dealing with privacy and access to government
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
NOTE: The information in this fact sheet is to be used as
a guide only. Legal advice should be sought in relation to
individual circumstances.
Information and Privacy Commission NSW
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www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
Your right to access government information in NSW
Fact Sheet
How can I get information from a government agency?
Check if the information is already publicly available.
Check the agency’s website or contact their Customer Service team and/or Right to Information Officer.
NO
Ask if the agency will release the information to you informally.
Contact the agency’s Customer Service team and/or Right to Information Officer.
NO
Complete a formal application under the Government Information (Public Access) Act 2009 (GIPA Act).
(See steps below).
Making a formal application:
The agency may have a specific form NO
If not:
for you to fill in on their website.
Put your request in writing and lodge it with the
agency you think holds the information
Say it is an access application made under the GIPA
Act
YES
Include payment of the $30 application fee (see
below)
Include your name and a postal or email address
YES
Explain in clear terms the information you are
applying for, so the agency can identify the
There is an application fee of $30.
information.
(The application is deemed invalid if this fee is not paid. In limited circumstances an agency may waive or reduce
this fee.)
YES
Your application should be processed within 20 working days.
(Extended by 10-15 working days if the agency needs to consult with others or get archived material). There may be
a processing fee – you wil be told if there is. You wil be informed in writing of the agency’s decision.
Reviewing an agency’s decision:
If you are not happy with the decision, or the
OPTION 1: Request an internal review. This is
agency hasn’t made a decision in time, you have
when someone else in the agency assesses your
application. This costs $40 (there’s no cost if the
the right to a review.
agency didn’t make the original decision in time).
You have the option of applying to the agency for an
internal review and/or applying to the Information
Commissioner and/or the NSW Civil and
OPTION 2A: Request an external review
Administrative Tribunal (NCAT).
by the Information Commissioner. A form
for this is on our website. There is no cost.
However, the Information Commissioner cannot
review a decision that is being or has been reviewed
by NCAT.
OPTION 2B: Request an external review by
NCAT. Charges apply. Please refer to the NCAT
website for the current applicable fee.
NOTE: The information in this fact sheet is to be used as a guide only. Independent legal advice should be sought in
relation to individual circumstances.
Information and Privacy Commission NSW
4
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)