Government Information (Public Access) Act 2009 (NSW)
Passenger Transport Act 2014 No 46 (not commenced)
Victims Rights and Victims of Crime Commissioner Bill 2025
An Act to facilitate public access to government information.
This Act is the Government Information (Public Access) Act 2009.
This Act commences on a day or days to be appointed by proclamation.
In order to maintain and advance a system of responsible and representative democratic Government that is open, accountable, fair and effective, the object of this Act is to open government information to the public by—
(a) authorising and encouraging the proactive public release of government information by agencies, and
(b) giving members of the public an enforceable right to access government information, and
(c) providing that access to government information is restricted only when there is an overriding public interest against disclosure.
It is the intention of Parliament—
(a) that this Act be interpreted and applied so as to further the object of this Act, and
(b) that the discretions conferred by this Act be exercised, as far as possible, so as to facilitate and encourage, promptly and at the lowest reasonable cost, access to government information.
In this Act—
(a) a Public Service agency,
(b) a Minister (including a person employed by a Minister under Part 2 of the Members of Parliament Staff Act 2013),
(c) a public authority,
(d) a public office,
(e) a local authority,
(f) a court,
(g) a person or entity that is an agency pursuant to regulations under clause 5 of Schedule 4.
Schedule 4 contains definitions of
Expressions used in this Act that are defined in Schedule 4 have the meanings set out in that Schedule.
There is a presumption in favour of the disclosure of government information unless there is an overriding public interest against disclosure.
An agency must make the government information that is its
Part 3 lists the information that is open access information.
Open access information is to be made publicly available free of charge on a relevant website (unless to do so would impose unreasonable additional costs on the agency) and can be made publicly available in any other way that the agency considers appropriate.
At least one of the ways in which an agency makes open access information publicly available must be free of charge. Access provided in any other way can be charged for.
An agency must facilitate public access to open access information contained in a record by deleting matter from a copy of the record to be made publicly available if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record and it is practicable to delete the matter.
An agency must keep a record of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure. The record is to indicate only the general nature of the information concerned.
Nothing in this section or the regulations requires or permits an agency to make open access information available in any way that would constitute an infringement of copyright.
In this section—
(a) a website maintained by the agency, or
(b) for open access information prescribed under section 18(g) for which a website is prescribed by the regulations—the website.
An agency is authorised to make any government information held by the agency publicly available unless there is an overriding public interest against disclosure of the information.
The information that an agency decides to make publicly available is to be made publicly available in any manner that the agency considers appropriate, either free of charge or at the lowest reasonable cost to the agency.
An agency must, at intervals of not more than 12 months, review its program for the release of government information under this section to identify the kinds of government information held by the agency that should in the public interest be made publicly available and that can be made publicly available without imposing unreasonable additional costs on the agency.
An agency can facilitate public access to government information contained in a record by deleting matter from a copy of the record to be made publicly available if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record.
The functions of an agency under this section may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.
An agency is authorised to release government information held by it to a person in response to an informal request by the person (that is, a request that is not an access application) unless there is an overriding public interest against disclosure of the information.
An agency can release government information in response to an informal request subject to any reasonable conditions that the agency thinks fit to impose.
An agency cannot be required to disclose government information pursuant to an informal request and cannot be required to consider an informal request for government information.
An agency can decide by what means information is to be released in response to an informal request.
An agency can facilitate public access to government information contained in a record by deleting matter from a copy of the record to be released in response to an informal request if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record.
The functions of an agency under this section may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.
A person who makes an access application for government information has a legally enforceable right to be provided with access to the information in accordance with Part 4 (Access applications) unless there is an overriding public interest against disclosure of the information.
An agency is not subject to the direction or control of any Minister in the exercise of the agency’s functions in dealing with a particular access application.
The function of making a reviewable decision in connection with an access application made to an agency may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.
This Act is not intended to prevent or discourage the publication or giving of access to government information as permitted or required by or under any other Act or law that enables a member of the public to obtain access to government information.
This Act does not affect the operation of any other Act or law that requires government information to be made available to the public or that enables a member of the public to obtain access to government information.
This Act overrides a provision of any other Act or statutory rule that prohibits the disclosure of information (whether or not the prohibition is subject to specified qualifications or exceptions), other than a provision of a law listed in Schedule 1 as an overriding secrecy law.
For overriding secrecy laws it is conclusively presumed that there is an overriding public interest against disclosure of the information. Other secrecy laws are to be taken into account as considerations against disclosure in determining whether there is an overriding public interest against disclosure. See section 14.
There is a general public interest in favour of the disclosure of government information.
Nothing in this Act limits any other public interest considerations in favour of the disclosure of government information that may be taken into account for the purpose of determining whether there is an overriding public interest against disclosure of government information.
The following are examples of public interest considerations in favour of disclosure of information—
(a) Disclosure of the information could reasonably be expected to promote open discussion of public affairs, enhance Government accountability or contribute to positive and informed debate on issues of public importance.
(b) Disclosure of the information could reasonably be expected to inform the public about the operations of agencies and, in particular, their policies and practices for dealing with members of the public.
(c) Disclosure of the information could reasonably be expected to ensure effective oversight of the expenditure of public funds.
(d) The information is personal information of the person to whom it is to be disclosed.
(e) Disclosure of the information could reasonably be expected to reveal or substantiate that an agency (or a member of an agency) has engaged in misconduct or negligent, improper or unlawful conduct.
The Information Commissioner can issue guidelines about public interest considerations in favour of the disclosure of government information, for the assistance of agencies.
There is an
It is to be conclusively presumed that there is an overriding public interest against disclosure of any of the government information described in Schedule 1.
The public interest considerations listed in the Table to this section are the only other considerations that may be taken into account under this Act as public interest considerations against disclosure for the purpose of determining whether there is an overriding public interest against disclosure of government information.
The Information Commissioner can issue guidelines about public interest considerations against the disclosure of government information, for the assistance of agencies, but cannot add to the list of considerations in the Table to this section.
The Information Commissioner must consult with the Privacy Commissioner before issuing any guideline about a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to this section).
Table
There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects (whether in a particular case or generally)—
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There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects (whether in a particular case or generally)—
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There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects—
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There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects—
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There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects—
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There is a public interest consideration against disclosure of information if disclosure of the information by any person could (disregarding the operation of this Act) reasonably be expected to constitute a contravention of a provision of any other Act or statutory rule (of this or another State or of the Commonwealth) that prohibits the disclosure of information, whether or not the prohibition is subject to specified qualifications or exceptions. The public interest consideration under this clause extends to consideration of the policy that underlies the prohibition against disclosure. |
There is a public interest consideration against disclosure of information communicated to the Government of New South Wales by the Government of the Commonwealth or of another State if notice has been received from that Government that the information is exempt matter within the meaning of a corresponding law of the Commonwealth or that other State. The public interest consideration under this clause extends to consideration of the policy that underlies the exemption. In this clause, a reference to a corresponding law is a reference to—
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A determination as to whether there is an overriding public interest against disclosure of government information is to be made in accordance with the following principles—
(a) Agencies must exercise their functions so as to promote the object of this Act.
(b) Agencies must have regard to any relevant guidelines issued by the Information Commissioner.
(c) The fact that disclosure of information might cause embarrassment to, or a loss of confidence in, the Government is irrelevant and must not be taken into account.
(d) The fact that disclosure of information might be misinterpreted or misunderstood by any person is irrelevant and must not be taken into account.
(e) In the case of disclosure in response to an access application, it is relevant to consider that disclosure cannot be made subject to any conditions on the use or disclosure of information.
An agency must provide advice and assistance to a person who requests or proposes to request access to government information, for the purpose of assisting the person to access, or seek access to, information that is or may be made publicly available.
An agency must provide the following specific advice and assistance to a person who requests access to government information—
(a) advice as to whether or not the information is publicly available from the agency and (if it is) how the information can be accessed,
(b) advice on how to make an access application for the information if the information is not publicly available from the agency but appears likely to be held by the agency,
(c) if the information appears unlikely to be held by the agency but appears likely to relate to the functions of some other agency, the contact details of the other agency,
(d) the contact details of the Information Commissioner and advice on the availability of and how to access any information published by the Information Commissioner that it appears may be relevant to the person’s request.
An agency is only required to provide advice and assistance under this section that it would be reasonable to expect the agency to provide.
The Information Commissioner has the following functions in connection with the operation of this Act—
(a) to promote public awareness and understanding of this Act and to promote the object of this Act,
(b) to provide information, advice, assistance and training to agencies and the public on any matters relevant to this Act,
(c) to assist agencies in connection with the exercise of their functions under this Act, including by providing services to assist with the lodgment, handling and processing of access applications,
(d) to issue guidelines and other publications for the assistance of agencies in connection with their functions under this Act,
(e) to issue guidelines and other publications for the assistance of the public in connection with their rights under this Act (including rights of review),
(f) to review decisions of agencies pursuant to Part 5,
(g) to monitor, audit and report on the exercise by agencies of their functions under, and compliance with, this Act,
(h) to make reports and provide recommendations to the Minister about proposals for legislative and administrative changes to further the object of this Act.
The following government information held by an agency is the agency’s
(a) the agency’s current agency information guide (see Division 2),
(b) information about the agency contained in any document tabled in Parliament by or on behalf of the agency, other than any document tabled by order of either House of Parliament,
(c) the agency’s policy documents (see Division 3),
(d) the agency’s disclosure log of access applications (see Division 4),
(e) the agency’s register of government contracts (see Division 5),
(f) the agency’s record (kept under section 6) of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure,
(g) such other government information as may be prescribed by the regulations as open access information.
This Part does not apply to an agency in respect of any functions of the agency listed in Schedule 2 (Excluded information of particular agencies).
An agency (other than a Minister) must have a guide (its
(a) describes the structure and functions of the agency, and
(b) describes the ways in which the functions (including, in particular, the decision-making functions) of the agency affect members of the public, and
(c) specifies any arrangements that exist to enable members of the public to participate in the formulation of the agency’s policy and the exercise of the agency’s functions, and
(d) identifies the various kinds of government information held by the agency, and
(e) identifies the kinds of government information held by the agency that the agency makes (or will make) publicly available, and
(f) specifies the manner in which the agency makes (or will make) government information publicly available, and
(g) identifies the kinds of information that are (or will be) made publicly available free of charge and those kinds for which a charge is (or will be) imposed.
An agency must make government information publicly available as provided by its agency information guide.
The Chief Executive of the Office of Local Government may, in consultation with the Information Commissioner, adopt mandatory provisions for inclusion in the agency information guide of local authorities. The agency information guide of a local authority must include any such mandatory provision unless the Chief Executive otherwise approves in a particular case.
An agency must adopt its first agency information guide within 6 months after the commencement of this section and must review its agency information guide and adopt a new agency information guide at intervals of not more than 12 months. An agency may update and amend its agency information guide at any time.
An agency must notify the Information Commissioner before adopting or amending an agency information guide and must, if requested to do so by the Information Commissioner, consult with the Information Commissioner on the proposed agency information guide or amendment.
The Information Commissioner can issue guidelines and model agency information guides for the assistance of agencies in connection with agency information guides.
An agency’s
(a) a document containing interpretations, rules, guidelines, statements of policy, practices or precedents,
(b) a document containing particulars of any administrative scheme,
(c) a document containing a statement of the manner, or intended manner, of administration of any legislative instrument or administrative scheme,
(d) a document describing the procedures to be followed in investigating any contravention or possible contravention of any legislative instrument or administrative scheme,
(e) any other document of a similar kind.
A person is not to be subjected to any prejudice because of the application of the provisions of an agency’s policy document to any act or omission of the person if, at the time of the act or omission—
(a) the policy document was not publicly available as required by this Act, and
(b) the person was not aware of those provisions, and
(c) the person could lawfully have avoided the prejudice had the person been aware of those provisions.
This section does not apply to any matter forming part of an agency’s policy document that is not made publicly available as a result of being deleted as required by this Act from copies of the policy document that are made publicly available.
An agency must keep a record (called its
The information about an access application that is required to be recorded in an agency’s disclosure log is as follows—
(a) the date the application was decided,
(b) a description of the information to which access was provided in response to the application,
(c) a statement as to whether any of the information is now available from the agency to other members of the public and (if it is) how it can be accessed.
No details are required to be recorded in the agency’s disclosure log—
(a) if no objection is made under section 56 to the inclusion of information in the log before the access application is decided—until the application is decided, or
(b) if an objection is made under section 56 to the inclusion of information in the log before the access application is decided—until the agency is entitled under that section to include the information in the log.
See section 56 (5) and (6) as to when an agency is entitled to include information in its disclosure log following an objection under that section.
An agency is not required to include in its disclosure log information about any application—
(a) for personal information about the applicant (the applicant being an individual) or any other individual, or
(b) in respect of which any factors particular to the applicant were otherwise a consideration in the agency’s determination of the public interest in connection with the disclosure of the information to the applicant.
An agency is to keep a register of government contracts (its
Information about a class 1 contract must be entered in the register within 45 working days after the contract becomes effective.
A contract
(a) when it is entered into by or on behalf of the agency concerned, or
(b) if the contract contains a provision to the effect that one or more conditions are to be met before the obligations of the parties under the contract are enforceable—when the condition or conditions have been met (and not when the contract is entered into by the agency).
The
(a) the total estimated value of the project,
(b) the total estimated value of the goods or services over the term of the contract,
(c) the value of the real property transferred,
(d) the rent for the term of the lease.
The following information about a class 1 contract is to be entered in the government contracts register—
(a) the name and business address of the contractor,
(b) particulars of any related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) in respect of the contractor, or any other private sector entity in which the contractor has an interest, that will be involved in carrying out any of the contractor’s obligations under the contract or will receive a benefit under the contract,
(c) the date on which the contract became effective and the duration of the contract,
(d) particulars of the project to be undertaken, the goods or services to be provided or the real property to be leased or transferred under the contract,
(e) the estimated amount payable to the contractor under the contract,
(f) a description of any provisions under which the amount payable to the contractor may be varied,
(g) a description of any provisions with respect to the renegotiation of the contract,
(h) in the case of a contract arising from a tendering process, the method of tendering and a summary of the criteria against which the various tenders were assessed,
(i) a description of any provisions under which it is agreed that the contractor is to receive payment for providing operational or maintenance services.
Additional information is required to be entered in the government contracts register for class 1 contracts to which any of the following paragraphs applies (
(a) there has not been a tender process, the proposed contract has not been made publicly available and the terms and conditions of the contract have been negotiated directly with the contractor,
(b) the proposed contract (whether or not made publicly available) has been the subject of a tendering process and the terms and conditions of the contract have been substantially negotiated with the successful tenderer,
(c) the obligations of one or more parties under the contract to maintain or operate infrastructure or assets could continue for 10 years or more,
(d) the contract involves a privately financed project as defined by guidelines published by the Treasury (as in force from time to time),
(e) the contract involves a transfer of a significant asset of the agency concerned to another party to the contract in exchange for the transfer of an asset to the agency.
The additional information required to be entered in the register for class 2 contracts is as follows—
(a) particulars of future transfers of significant assets to the State at zero, or nominal, cost to the State, including the date of their proposed transfer,
(b) particulars of future transfers of significant assets to the contractor, including the date of their proposed transfer,
(c) the results of any cost-benefit analysis of the contract conducted by the agency,
(d) the components and quantum of the public sector comparator if used,
(e) if relevant, a summary of information used in the contractor’s full base case financial model (for example, the pricing formula for tolls or usage charges),
(f) if relevant, particulars of how risk, during the construction and operational phases of a contract to undertake a specific project (such as construction, infrastructure or property development), is to be apportioned between the parties, quantified (where practicable) in net present-value terms and specifying the major assumptions involved,
(g) particulars as to any significant guarantees or undertakings between the parties, including any guarantees or undertakings with respect to loan agreements entered into or proposed to be entered into,
(h) particulars of any other key elements of the contract.
If a class 2 contract has (or is likely to have) a value of $5 million or more (a
A requirement of this Division to include information or a copy of a contract in the government contracts register does not require the inclusion of—
(a) the commercial-in-confidence provisions of a contract, or
(b) details of any unsuccessful tender, or
(c) any matter that could reasonably be expected to affect public safety or security, or
(d) a copy of a contract, a provision of a contract or any other information in relation to a contract that is of such a nature that its inclusion in a record would result in there being an overriding public interest against disclosure of the record.
If an agency does not include a copy of a contract in the register, or includes only some of the provisions of a contract in the register, because of this section, the agency must include in the register—
(a) the reasons why the contract or those provisions have not been included in the register, and
(b) a statement as to whether it is intended that the contract or those provisions will be included in the register at a later date and, if so, when it is likely that they will be included, and
(c) if some but not all of the provisions of the contract have been included in the register, a general description of the types of provisions that have not been included.
If a material variation is made to a contract that would affect the particulars that are required to be included in the government contracts register in relation to the contract, the particulars included in the register are to be amended to reflect the variation within 45 working days after the variation becomes effective.
If a material variation is made to a contract a copy of which is required to be included in the register, a copy of the variation or the varied provisions is to be included in the register within 45 working days after the variation becomes effective.
Information (including a copy of a contract) required to be included in the government contracts register in relation to a contract is only required to be made publicly available as open access information for the public access period.
The
(a) 20 working days,
(b) the period until the project to which the contract relates is complete, the goods and services concerned have been provided under the contract, the term of the lease has expired or the real property has been transferred.
A copy of an agency’s government contracts register is to be published on the Government tenders website (that is, the website with the URL of or such other internet website as the Premier may authorise for the purposes of this section).
Each of the following agencies is not required to have a copy of its government contracts register published on the Government tenders website but is required to have a copy of the register published on any website of the agency—
(a) a State owned corporation or a subsidiary of a State owned corporation,
(b) a local authority,
(c) a university.
A copy of an agency’s government contracts register is also to be made publicly available in any other manner in which the agency decides to make its open access information publicly available.
If a person other than an officer of the agency (including, for example, a party to a government contract) disagrees with the way in which an agency has interpreted its obligations under this Division, the agency is to obtain—
(a) the opinion of the Chairperson of the NSW Procurement Board in relation to the matter, or
(b) if the principal officer of the agency is the Chairperson of the Board—the opinion of the Minister in relation to the matter.
This section does not apply to—
(a) a State owned corporation or a subsidiary of a State owned corporation, or
(b) a local authority, or
(c) a university.
Information is required to be included in an agency’s government contracts register only to the extent that the agency holds the information or it is reasonably practical for the agency to obtain the information.
This Division does not require the Department of Industry to include any information about or a copy of a government contract in its government contracts register if the contract involves the provision of industry support.
This Division does not require a State owned corporation or a subsidiary of a State owned corporation to include any information about or a copy of a government contract in its government contracts register if the contract relates to activities engaged in by the corporation or subsidiary in a market in which it is in competition with any other person.
This Division does not require Landcom to include any information about or a copy of a government contract in its government contracts register if the contract is a contract for the sale of land.
Any exception under this Division from the requirement to include information about or a copy of a contract on a government contracts register does not of itself constitute grounds for refusing an access application.
An application or other request for government information is not a valid access application unless it complies with the following requirements (the
(a) it must be in writing sent by post to or lodged at an office of the agency concerned or made in the manner approved by the agency under subsection (2),
(b) it must clearly indicate that it is an access application made under this Act,
(c) it must be accompanied by a fee of $30,
(d) it must state the name of the applicant and a postal or email address as the address for correspondence in connection with the application,
(e) it must include such information as is reasonably necessary to enable the government information applied for to be identified.
See section 51A concerning the effect of a waiver, reduction or refund of the fee for an access application. See also section 52 (3) concerning assistance to be afforded by an agency to an access applicant.
If the applicant has applied at any time to another agency for substantially the same information, an application must also include the name of the other agency. However, failure to comply with this subsection does not affect the validity of an application.
An agency may approve additional facilities for the making of an access application or the payment of an application fee.
An access application is not considered to have been received by an agency until it is actually received by the agency.
An access application can include any of the following—
(a) submissions by the applicant as to any public interest considerations that the applicant thinks the agency should take into account in determining whether or not there is an overriding public interest against disclosure of the information,
(b) a request for a discount on processing charges for the application (including relevant supporting information, such as evidence of hardship or special public interest),
(c) any other information that the applicant thinks may be relevant.
An access application cannot be made to an agency for access to excluded information of the agency.
Information is excluded information of an agency if it relates to any function specified in Schedule 2 in relation to the agency.
An application for government information is not a valid access application to the extent that the application is made in contravention of this section.
An agency that receives an access application for government information can transfer the application to another agency either by
A decision to transfer an application to another agency is reviewable under Part 5.
An agency may, for the purposes of transferring only part of an access application, split an application into 2 or more applications. Any resulting application is to be treated as a separate application by the applicant.
An agency-initiated transfer of an access application to another agency requires the consent of that other agency and cannot be done unless—
(a) the other agency is known to hold the information applied for and the information relates more closely to the functions of that other agency, or
(b) the agency that receives the application decides that it does not hold the information and the other agency is known or reasonably expected to hold the information.
An agency-initiated transfer cannot be done more than 10 working days after the application was received.
An applicant-initiated transfer of an access application to another agency cannot be done unless the applicant and the agency to which the application was made agree that the application should be transferred and it appears that the information relates more closely to the functions of the other agency.
The consent of the other agency is not required for an applicant-initiated transfer and it does not matter whether the agency that is to transfer the application holds the information (or knows whether it holds the information).
An agency that transfers an application must give notice of the transfer to the applicant, advising of the date of transfer and the agency to which it was transferred.
The agency that transfers an application is not required to refund or transfer the application fee to the other agency but cannot impose any processing charges.
The agency that transfers an application has no obligation to decide the application.
An application that is transferred to an agency is deemed to have been received by that agency (on the date that it is received by that agency) as an application made by the applicant to that agency, and is to be acknowledged accordingly by that agency.
The agency to which an application is transferred is not entitled to charge an application fee for the application but is entitled to impose processing charges in accordance with this Act.
An access application may be amended by the applicant at any time before the agency decides the application. Notice of the amendment must be received by the agency before the agency decides the application.
An amendment to reduce the scope of the information applied for does not require the consent of the agency but any other amendment cannot be made without the consent of the agency.
A decision by an agency to refuse to consent to an amendment is not a reviewable decision (but a fresh access application can be made).
The agency must give notice to the applicant confirming the amendment of an access application and the date on which it was amended if the amendment requires the consent of the agency or the amendment was not made by the applicant in writing.
An amendment to reduce the scope of the information applied for does not prevent the agency from imposing a processing charge in respect of time spent before the amendment is made in dealing with any aspect of the access application that the amendment makes unnecessary.
The amendment of an access application does not affect the period within which the application is required to be decided and does not entitle the applicant to a refund or reduction of any application fee or advance deposit already paid.
The period within which an application is required to be decided can be extended by agreement between the agency and applicant.
A person who has made an access application may withdraw it at any time before notice of the agency’s decision on the application is given to the person.
The withdrawal of an application does not entitle the applicant to a refund of any application fee or advance deposit already paid.
The agency must give notice to the applicant confirming the withdrawal of an access application and the date on which it was withdrawn if the withdrawal was not made by the applicant in writing.
When an agency receives an application for access to government information that it appears is intended to be an access application, the agency is to decide whether the application is a valid access application and is to notify its decision to the applicant by either—
(a) acknowledging receipt of the application as a valid access application, or
(b) notifying the applicant that the application is not a valid access application.
An application is not a valid access application if it is an application for excluded information of the agency or does not comply with the formal requirements for access applications.
An agency’s decision as to the validity of an application must be made and notified to the applicant as soon as practicable after the agency receives the application and in any event within 5 working days after the application is received.
The decision as to the validity of an application is reviewable under Part 5.
An acknowledgement of receipt of a valid access application must include the following—
(a) the date by which the application is required to be decided (subject to any suspension or extension of the time for deciding an application),
(b) a statement that the application will be deemed to have been refused if not decided by the required date,
(c) the following statements about the inclusion of information in the agency’s disclosure log (unless the agency considers it unlikely that information about the application will be included in the disclosure log)—
(i) a statement that information concerning the application is likely to be included in the agency’s disclosure log and that the applicant can object to this,
(ii) a statement about the right of review under Part 5 of a decision by the agency to include information in its disclosure log despite the applicant’s objection,
(d) such details of rights of review in connection with access applications as the Information Commissioner may from time to time direct.
Acknowledging receipt of an application as a valid access application does not prevent the agency from subsequently deciding that the application is not a valid access application.
An agency’s decision that an application is not a valid access application is presumed to be correct, subject to any review of the decision under Part 5.
An agency is not to treat an application as being an invalid access application only because of the non-payment of the required application fee if—
(a) the payment of the fee was waived by the agency before the application was made, or
(b) the amount of the fee payable was reduced by the agency before the application was made and the reduced fee accompanied the application.
Section 127 enables an agency to waive, reduce or refund a fee payable or paid under this Act for an application fee in any case that the agency thinks appropriate, subject to the regulations.
If an agency waives payment of the required application fee, or reduces the amount of the fee that is payable, after the application is made (and the application would have been valid had the required application fee been paid)—
(a) in the case of a waived fee—the application becomes a valid access application and is deemed to have been made when the fee was waived, or
(b) in the case of a reduced fee—the application becomes a valid access application when the reduced fee is paid and is deemed to have been made when the payment is made.
The refund of an application fee does not affect the validity of an access application that was duly made.
The notification of an agency’s decision that an application is not a valid access application must—
(a) include a statement of the reason why the application is not a valid access application (including reference to the relevant provisions of this Act), and
(b) if a reason is non-payment of the required application fee, invite the applicant to pay the fee, and
(c) if a reason is failure to provide required information, invite the applicant to provide the information, and
(d) notify the applicant of the right of review under Part 5 that applies in relation to a decision that an application is not a valid access application.
The application becomes a valid access application if the applicant pays the required fee or provides the required information (as appropriate), and is then deemed to have been made when the fee or information was received by the agency.
An agency must provide advice and assistance, so far as it would be reasonable to expect the agency to do so, to assist an applicant to provide such information as may be necessary to enable the applicant to make a valid access application.
(Repealed)
An applicant is entitled to a refund of any application fee that accompanied an invalid access application (unless the application subsequently becomes valid).
The obligation of an agency to provide access to government information in response to an access application is limited to information held by the agency when the application is received.
An agency must undertake such reasonable searches as may be necessary to find any of the government information applied for that was held by the agency when the application was received. The agency’s searches must be conducted using the most efficient means reasonably available to the agency.
The obligation of an agency to undertake reasonable searches extends to searches using any resources reasonably available to the agency including resources that facilitate the retrieval of information stored electronically.
An agency is not required to search for information in records held by the agency in an electronic backup system unless a record containing the information has been lost to the agency as a result of having been destroyed, transferred, or otherwise dealt with, in contravention of the State Records Act 1998 or contrary to the agency’s established record management procedures.
An agency is not required to undertake any search for information that would require an unreasonable and substantial diversion of the agency’s resources.
An agency must take such steps (if any) as are reasonably practicable to consult with a person before providing access to information relating to the person in response to an access application if it appears that—
(a) the information is of a kind that requires consultation under this section, and
(b) the person may reasonably be expected to have concerns about the disclosure of the information, and
(c) those concerns may reasonably be expected to be relevant to the question of whether there is a public interest consideration against disclosure of the information.
Information relating to a person is of a kind that requires consultation under this section if the information—
(a) includes personal information about the person, or
(b) concerns the person’s business, commercial, professional or financial interests, or
(c) concerns research that has been, is being, or is intended to be, carried out by or on behalf of the person, or
(d) concerns the affairs of a government of the Commonwealth or another State (and the person is that government).
The requirement to consult extends to consultation with other agencies and other governments. See the definition of
If the agency considers that information about a person consulted under this section is likely to be included in the agency’s disclosure log in relation to the access application, the agency must give a written notice to the person containing the following statements—
(a) that information concerning the application is likely to be included in the agency’s disclosure log and that the person can object to this,
(b) that there is a right of review under Part 5 of a decision by the agency to include information in its disclosure log despite the person’s objection.
If consultation is required concerning the release of personal information about a deceased person, that consultation is to be done by consultation with a close relative of the deceased.
The purpose of consultation under this section is to ascertain whether the person has an objection to disclosure of some or all of the information and the reasons for any such objection.
The agency must take any objection to disclosure of information that the agency receives in the course of consultation into account in the course of determining whether there is an overriding public interest against disclosure of government information.
If consultation establishes that a person objects to the disclosure of information but the agency decides to provide access to the information in response to the application, access is not to be provided until the agency has first given the objector notice of the agency’s decision to provide access to the information and notice of the objector’s right to have that decision reviewed, and is not to be provided while review rights on the decision are pending.
Review rights on a decision are pending while the objector is entitled to apply for a review of the decision under Part 5 (ignoring any period that may be available by way of extension of time to apply for review), or any review duly applied for is pending.
An agency may, in response to an access application, consult with any other agency for the following purposes—
(a) to determine whether there is an overriding public interest against disclosure of the information,
(b) to identify a person that may be required to be consulted under section 54.
An agency may be consulted under this section even if the agency would not reasonably be expected to have concerns about the disclosure of the information.
In determining whether there is an overriding public interest against disclosure of information in response to an access application, an agency is entitled to take the following factors (the
(a) the applicant’s identity and relationship with any other person,
(b) the applicant’s motives for making the access application,
(c) any other factors particular to the applicant.
The personal factors of the application can also be taken into account as factors in favour of providing the applicant with access to the information.
The personal factors of the application can be taken into account as factors against providing access if (and only to the extent that) those factors are relevant to the agency’s consideration of whether the disclosure of the information concerned could reasonably be expected to have any of the effects referred to in clauses 2–5 (but not clause 1, 6 or 7) of the Table to section 14.
An applicant is entitled to provide any evidence or information concerning the personal factors of the application that the applicant considers to be relevant to the determination of whether there is an overriding public interest against disclosure of the information applied for.
An agency may, as a precondition to providing access to information to an applicant, require the applicant to provide evidence concerning any personal factors of the application that were relevant to a decision by the agency that there was not an overriding public interest against disclosure of the information and, for that purpose, require the applicant to take reasonable steps to provide proof of his or her identity.
An agency is under no obligation to inquire into, or verify claims made by an access applicant or any other person about, the personal factors of the application but is entitled to have regard to evidence or information provided by the applicant or other person.
An agency is not entitled to impose any conditions on the use or disclosure of information when the agency provides access to the information in response to an access application. See section 73.
Each of the following persons (an
(a) the access applicant,
(b) any other person with whom the agency has consulted (or is required to consult) under section 54 before providing access to the information sought in the application.
An objection can include reasons for the objection and, in the case of an objection by an access applicant, can be made as part of the access application or separately.
The grounds on which an authorised objector is entitled to object to the inclusion of information in an agency’s disclosure log are limited to any one or more of the following—
(a) the information includes personal information about the authorised objector (or a deceased person for whom the authorised objector is the personal representative),
(b) the information concerns the authorised objector’s business, commercial, professional or financial interests,
(c) the information concerns research, or the compilation or analysis of statistics, that has been, is being, or is intended to be, carried out by or on behalf of the authorised objector,
(d) the information concerns the affairs of a government of the Commonwealth or another State (and the authorised objector is that government).
If an authorised objector has objected to the inclusion of information in the agency’s disclosure log, the agency must decide—
(a) whether the authorised objector is entitled to object, and
(b) if the agency decides that the authorised objector is entitled to object, whether the objection outweighs the general public interest in including the information in the disclosure log.
If an access applicant has objected to the inclusion of information in the agency’s disclosure log, the agency’s notice of decision of the access application must indicate—
(a) the agency’s decision about whether the applicant was entitled to object, and
(b) (if the agency has decided that the applicant was entitled to object) the agency’s decision on whether to include the information in its disclosure log.
The agency’s decisions are reviewable under Part 5.
If a person referred to in subsection (1) (b) has objected to the inclusion of information in the agency’s disclosure log, the agency must, as soon as is reasonably practicable after the decision concerned is made (and in any event within 5 working days after the decision is made), give the person a written notice that indicates—
(a) the agency’s decision about whether the person was entitled to object, and
(b) (if the agency has decided that the person was entitled to object) the agency’s decision on whether to include the information in its disclosure log.
An agency that decides that an authorised objector was not entitled to object to the inclusion of information in the agency’s disclosure log is entitled to immediately include the information in the disclosure log.
An agency that decides that an authorised objector was entitled to object to the inclusion of information in the agency’s disclosure log but decides to include the information despite the objection must not include the information while the objector is entitled to apply for a review of the agency’s decision under Part 5 (ignoring any period that may be available by way of extension of time to apply for review), or any review duly applied for is pending.
An agency must decide an access application and give the applicant notice of the agency’s decision within 20 working days (the
The decision period can be extended by up to 10 working days for either or both of the following reasons (with a maximum extension under this subsection of 15 working days for any particular access application)—
(a) consultation with another person is required under a provision of this Act,
(b) records are required to be retrieved from a records archive.
The decision period can only be extended to allow for mandatory consultation, not just consultation that the agency chooses to do.
The regulations can also provide for the extension (and further extension) of the decision period.
The decision period can also be extended (and further extended) by agreement with the applicant.
A decision by an agency to refuse to agree to extending the decision period is not a reviewable decision.
The agency must as soon as practicable after the decision period is extended (and in any case within 5 working days after it is extended) give the applicant notice of any extension of the decision period (including any extension by agreement with the applicant), indicating the date on which the extended decision period will end.
An access application is considered to have been decided
An agency decides an access application for government information by—
(a) deciding to provide access to the information, or
(b) deciding that the information is not held by the agency, or
(c) deciding that the information is already available to the applicant (see section 59), or
(d) deciding to refuse to provide access to the information because there is an overriding public interest against disclosure of the information, or
(e) deciding to refuse to deal with the application (see section 60), or
(f) deciding to refuse to confirm or deny that information is held by the agency because there is an overriding public interest against disclosure of information confirming or denying that fact.
These decisions are reviewable under Part 5.
More than one decision can be made in respect of a particular access application, so as to deal with the various items of information applied for.
If an agency finds that information or additional information is held by the agency after deciding an access application, the agency can make a further decision that replaces or supplements the original decision, but cannot be required to make a further decision in such a case. The further decision can be made even if the period within which the application is required to be decided has expired.
An agency can decide that information is already available to an applicant only if the information is—
(a) made publicly available by the agency or some other agency in accordance with a legislative instrument other than this Act, whether or not availability of the information is by inspection only and whether or not availability is subject to a charge, or
(b) available to the applicant from, or for inspection at, the agency free of charge in accordance with this Act or the agency’s policies and practices, or
(c) contained in a document that is usually available for purchase, or
(d) available to the applicant as the applicant has already been provided with access to the information and the agency has no reason to believe the information is no longer in the applicant’s possession, or
(e) publicly available on a website, or
(f) available to the applicant by way of a standing rule or order of the Legislative Council or Legislative Assembly.
An agency is not required to provide access to information that the agency has decided is already available to the applicant, but notice of the decision must indicate why the agency believes the information is already available to the applicant and, if necessary, how the information can be accessed by the applicant.
An agency may refuse to deal with an access application (in whole or in part) for any of the following reasons (and for no other reason)—
(a) dealing with the application would require an unreasonable and substantial diversion of the agency’s resources,
(b) the agency has already decided a previous application for the information concerned (or information that is substantially the same as that information) made by the applicant and there are no reasonable grounds for believing that the agency would make a different decision on the application,
(b1) the applicant has previously been provided with access to the information concerned under this Act or the Freedom of Information Act 1989,
(c) the applicant has failed to pay an advance deposit that is payable in connection with the application,
Note. See section 70.
(d) the information is or has been the subject of a subpoena or other order of a court for the production of documents and is available to the applicant as a result of having been produced in compliance with the subpoena or other order,
(e) the agency reasonably believes the applicant, or a person acting in concert with the applicant, is—
(i) a party to current proceedings before a court, and
(ii) able to apply to that court for the information.
In deciding whether dealing with an application would require an unreasonable and substantial diversion of an agency’s resources, the agency is not required to have regard to any extension by agreement between the applicant and the agency of the period within which the application is required to be decided.
In deciding whether dealing with an application would require an unreasonable and substantial diversion of an agency’s resources, the agency is entitled to consider 2 or more applications (including any previous application) as the one application if the agency determines that the applications are related and are made by the same applicant or by persons who are acting in concert in connection with those applications.
In deciding whether dealing with an application would require an unreasonable and substantial diversion of an agency’s resources, the agency may, without limitation, take into account the following considerations—
(a) the estimated volume of information involved in the request,
(b) the agency’s size and resources,
(c) the decision period under section 57.
Any consideration under subsection (3A) must, on balance, outweigh—
(a) the general public interest in favour of the disclosure of government information, and
(b) the demonstrable importance of the information to the applicant, including whether the information—
(i) is personal information that relates to the applicant, or
(ii) could assist the applicant in exercising any rights under any Act or law.
Before refusing to deal with an access application because dealing with it would require an unreasonable and substantial diversion of an agency’s resources, the agency must give the applicant a reasonable opportunity to amend the application. The period within which the application is required to be decided stops running while the applicant is being given an opportunity to amend the application.
Notice of an agency’s decision to refuse to deal with an access application must state the agency’s reasons for the refusal.
An applicant is not entitled to a refund of the application fee when the agency refuses to deal with the application.
Notice of an agency’s decision to refuse to provide access to information because there is an overriding public interest against disclosure of the information must state the following—
(a) the agency’s reasons for its decision,
(b) the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based,
(c) the general nature and the format of the records held by the agency that contain the information concerned.
Notice of an agency’s decision to provide access to information must state whether any processing charges will be payable for access to the information and indicate how those charges have been calculated.
If an agency does not decide an access application within time, the agency is deemed to have decided to refuse to deal with the application and any application fee paid by the applicant is to be refunded.
A deemed decision to refuse to deal with an application is reviewable under Part 5.
The deemed refusal to deal with an application does not prevent the agency from continuing to deal with the application and subsequently deciding the application and giving notice of its decision (a
The obligation to refund an application fee to the applicant is not affected by the making of the late decision and the late decision does not entitle the agency to payment of an application fee.
No processing charge can be imposed for dealing with an access application if the application was not decided within time (whether or not a late decision is made on the application).
Despite this section, the obligation to refund an application fee to the applicant does not apply to any application that was transferred to or from the agency.
An agency may impose a charge (a
The decision to impose a processing charge is reviewable under Part 5.
The
(a) dealing efficiently with the application (including consideration of the application, searching for records, consultation, decision-making and any other function exercised in connection with deciding the application), or
(b) providing access in response to the application (based on the lowest reasonable estimate of the time that will need to be spent in providing that access).
The application fee of $30 paid by an applicant counts as a payment towards any processing charge payable by the applicant.
Access to government information granted in response to an access application may be made conditional on payment of any processing charge imposed for dealing with the application.
A processing charge must not be discounted under section 65 or 66 by more than 50% even if both sections apply.
An applicant is entitled to a 50% reduction in a processing charge imposed by an agency if the agency is satisfied that the applicant is suffering financial hardship.
The discount applies only to the processing charge, not the application fee. If a 50% reduction in processing charge applies, the application fee will pay for the first 2 hours of processing time (not just the first hour). See section 64.
The agency may refuse to allow the discount if satisfied that the applicant is making the application on behalf of another person in order to obtain the discount for that person.
The regulations may prescribe circumstances that constitute financial hardship.
A decision to refuse to reduce a processing charge is reviewable under Part 5.
An applicant is entitled to a 50% reduction in a processing charge imposed by an agency if the agency is satisfied that the information applied for is of special benefit to the public generally.
The discount applies only to the processing charge, not the application fee. If a 50% reduction in processing charge applies, the application fee will pay for the first 2 hours of processing time (not just the first hour). See section 64.
A decision to refuse to reduce a processing charge is reviewable under Part 5.
If the information applied for was not publicly available at the time the application was received but the agency makes the information publicly available either before or within 3 working days after providing access to the applicant, the applicant is entitled to a full waiver of the processing charge imposed by the agency.
The Information Commissioner may, for the assistance of agencies, publish guidelines about reductions in processing charges under this section.
If an access application is made for personal information about the applicant (the applicant being an individual), the agency cannot impose any processing charge for the first 20 hours of processing time for the application.
This does not limit an agency’s power to reduce, waive or refund processing charges under section 127.
An agency may by notice to an applicant require the applicant to make an advance payment of a processing charge (as an
The decision to require an advance deposit is reviewable under Part 5.
The period within which the application is required to be decided stops running from when the decision to require an advance deposit is made until payment of the advance deposit is received by the agency.
The notice requiring an advance deposit must—
(a) include a statement of the processing charges for work already undertaken by the agency in dealing with the application, and
(b) include a statement of the estimated processing charges for work expected to be required to be undertaken by the agency in dealing with the application, and
(c) specify a date by which the advance deposit must be paid (being a date at least 20 working days after the date the notice is given), and
(d) include a statement that if the advance deposit is not paid by the due date the agency may refuse to deal further with the application and that this will result in any application fee and advance deposit already paid being forfeited.
An agency can extend the date by which an advance deposit must be paid and is to give the applicant notice of any extension (indicating the new date by which the advance deposit must be paid).
The maximum advance deposit that can be required is 50% of the amount that the agency estimates to be the total processing charge for dealing with the application (ignoring any reduction in processing charge to which the applicant may be entitled).
An applicant can pay the full amount of the agency’s estimate of the total processing charge in advance if the applicant wants to, but the applicant cannot be required to pay more than 50% of the estimate as an advance deposit.
More than one advance deposit can be required so long as the total of the advance deposits required does not exceed the maximum advance deposit.
An agency may refuse to deal further with an access application if the applicant has failed to pay an advance deposit within the time required for payment (unless the applicant has applied for review under Part 5 of the decision to require the advance deposit within the time required for payment of the advance deposit).
The decision to refuse to deal further with an access application is reviewable under Part 5.
An agency must give notice to the applicant of its decision to refuse to deal further with the application.
The review under Part 5 of a decision to refuse to deal further with an application for failure to pay an advance deposit is to be a review of both the decision to refuse to deal further with the application and the decision to impose the advance deposit (unless the decision to impose the advance deposit has already been reviewed under that Part).
An applicant is entitled to a refund of advance deposits paid by the applicant to the extent (if any) that the advance deposits paid exceed the total processing charges payable for dealing with the application.
An applicant is entitled to a refund of any advance deposit paid if the agency does not decide the access application within time.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act—
(a) the contractor’s financing arrangements, or
(b) the contractor’s cost structure or profit margins, or
(c) the contractor’s full base case financial model, or
(d) any intellectual property in which the contractor has an interest, or
(e) any matter the disclosure of which would place the contractor at a substantial commercial disadvantage in relation to other contractors or potential contractors, whether at present or in the future.
(a) a tribunal, a Magistrate and a coroner, and
(b) a registry or other office of a court and the members of staff of that registry or other office.
See also the definition of
(a) a contract under which a party agrees to undertake a specific project (such as a construction, infrastructure or property development project),
(b) a contract under which a party agrees to provide specific goods or services (such as information technology services), other than a contract of employment,
(c) a contract under which a party agrees to transfer real property to another party to the contract,
(d) a lease of real property.
(a) in relation to a Magistrate—such of the functions of the Magistrate as relate to the conduct of committal proceedings, and
(b) in relation to a coroner—such of the functions of the coroner as relate to the conduct of inquests and inquiries under the Coroners Act 2009.
This definition does not limit the definition of
In this Act,
(a) a statutory body representing the Crown, or
(b) a body (whether incorporated or unincorporated) established or continued for a public purpose by or under the provisions of a legislative instrument, or
(c) the NSW Police Force, or
(d) the Teaching Service, or
(e) a State owned corporation, or
(f) a wholly-owned subsidiary of the Crown in right of the State or of a public authority, or
(g) a body declared to be a public authority by a regulation under this clause.
The regulations may declare any of the following bodies to be a public authority—
(a) a body (whether incorporated or unincorporated) established for a public purpose otherwise than by or under the provisions of a legislative instrument,
(b) a body (whether incorporated or unincorporated) that is established by the Governor or by a Minister or that is an incorporated company or association over which a Minister is in a position to exercise direction or control.
None of the following is a public authority for the purposes of a provision of this Act—
(a) an incorporated company or association (unless declared to be a public authority for the purposes of the provision by a regulation under this clause),
(b) the Legislative Council or the Legislative Assembly or a committee of either or both of those bodies,
(c) a Royal Commission or a Special Commission of Inquiry,
(d) a local authority.
An unincorporated body that is a board, council, committee, subcommittee or other body established or continued by or under the provisions of a legislative instrument for the purpose of assisting, or exercising functions connected with, an agency is not to be regarded as a separate public authority and instead is to be regarded as part of and included in the agency.
A regulation declaring a body to be a public authority may declare a body to be a public authority either generally or for the purposes only of specified provisions of this Act.
In this Act,
(a) an office established or continued for a public purpose by or under the provisions of a legislative instrument, or
(b) any other office to which an appointment is made by the Governor or by a Minister that is declared by the regulations to be a public office.
None of the following is a public office for the purposes of this Act—
(a) the office of Governor, Lieutenant-Governor or Administrator of the State,
(b) the office of a member of the Legislative Council or the Legislative Assembly or of a committee of either or both of those bodies,
(c) the office of President of the Legislative Council or Speaker of the Legislative Assembly or Chair of a committee of either or both of those bodies,
(d) the office of a Minister of the Crown, Parliamentary Secretary or member of the Executive Council,
(e) an office the duties of which the person performs as an officer of an agency,
(f) the office of a judicial officer of a court,
(g) an office of member of an agency,
(h) an office established or continued by or under the provisions of a legislative instrument for the purposes of an agency,
(i) an office established or continued by or under the provisions of a legislative instrument for the purposes of a body that is excluded from the definition of
public authority by clause 2 (3).
In this Act,
Personal information includes such things as an individual’s fingerprints, retina prints, body samples or genetic characteristics.
Personal information does not include any of the following—
(a) information about an individual who has been dead for more than 30 years,
(b) information about an individual (comprising the individual’s name and non-personal contact details, including the individual’s position title, public functions and the agency in which the individual works) that reveals nothing more than the fact that the person was engaged in the exercise of public functions,
(c) information about an individual that is of a class, or is contained in a document of a class, prescribed by the regulations for the purposes of this subclause.
The regulations may declare a person or entity that is not otherwise an agency to be an agency (a
A function of a person or entity is an
(a) a function of a kind that is or was ordinarily exercised by an agency, or
(b) a function of an agency that the person or entity is exercising pursuant to a contract or other arrangement with the agency.
A deemed agency is an agency only in respect of information that relates to the exercise by the deemed agency of the agency functions in respect of which it is declared to be an agency and only while the deemed agency exercises those functions (or for such shorter period as may be provided by the regulations).
A regulation under this clause may provide that information relating to any specified function of a deemed agency is excluded information of the agency under this Act.
The regulations under clause 6 may also declare that a deemed agency is not to be regarded as a separate agency and instead is to be regarded for the purposes of this Act as part of and included in another specified agency.
The Minister must, before recommending the making of a regulation under this clause, consult with the person or entity concerned and with any agency with which the person or entity has a contract or other arrangement for the exercise of the functions concerned.
The Minister is also required to consult with the Information Commissioner. See section 129 (3).
The regulations may declare that a specified agency (the
An access application made to the parent agency specifically for government information held by the subsidiary agency can be dealt with by the parent agency as an access application only for government information held by the subsidiary agency and not for government information otherwise held by the parent agency.
The regulations may declare that a specified office, branch or other part of an agency is for the purposes of this Act to be regarded as being a separate agency to the agency of which it forms part.
A reference in this Act to the Government includes, where appropriate, a reference to an agency.
Subject to any regulations made for the purposes of clause 6A, a reference in this Act to an agency includes a reference to any body that forms part of the agency or that exists mainly for the purpose of enabling the agency to exercise its functions.
A reference in this Act to an officer of an agency includes a reference to a member of the agency, the principal officer of the agency and any other person employed within the agency or as a member of staff of the agency, and in the case of an agency that is a Minister, includes a reference to the Minister.
In this Act—
A reference in this Act to a record includes a reference to a copy of the record.
For the purposes of the definition of
A reference in this Act to government information held by an agency is, when the agency is a Minister, a reference to government information held by the Minister in the course of the exercise of official functions in, or for any official purpose of, or for the official use of, the office of Minister of the Crown.
A reference in this Act to government information held by an agency is a reference to—
(a) information contained in a record held by the agency, or
(b) information contained in a record held by a private sector entity to which the agency has an immediate right of access, or
(c) information contained in a record in the possession or custody of the State Records Authority (or that the Authority has in the custody or possession of some other person) to which the agency has an immediate right of access, other than a record that is withheld from public access under section 59 of the State Records Act 1998, or
(d) information contained in a record that is in the possession, or under the control, of a person in his or her capacity as an officer or member of staff of the agency (including, in the case of a Minister, the personal staff of the Minister).
Information that would be regarded as government information held by an agency because the agency has access to a record that contains the information is not to be regarded as government information held by the agency if the public generally has access to the record (for example, because the record is available on the Internet).
Information contained in a record that genuinely forms part of the library material held by an agency is not government information held by the agency.
Information contained in a record held by the agency that is information that was unsolicited and is not relevant to the agency’s business or functions is not government information held by the agency.
A record that is held by—
(a) the State Records Authority, or
(b) the Australian Museum, or
(c) the Museum of Applied Arts and Sciences, or
(d) the State Library, or
(d1) the Children’s Guardian, or
(e) any other prescribed agency,
but that was originally created or received by another agency is taken to be held by that other agency.
A record that is held by an agency referred to in subclause (1) and that relates to the affairs of a Royal Commission or a Special Commission of Inquiry is taken to be held by the Minister administering the Royal Commissions Act 1923 or the Minister administering the Special Commissions of Inquiry Act 1983, as appropriate.
Information contained in a record held by an agency that is a public archive is not government information for the purposes of this Act if—
(a) the record was not created by an agency in relation to the functions of an agency, and
(b) the record is held in the public archive subject to a condition imposed by the person or body (not being an agency) by whom it has been placed in the possession of the archive prohibiting its disclosure to members of the public generally or to certain members of the public or restricting its disclosure to certain members of the public.
In this clause,
(a) each of the agencies referred to in subclause (1), and
(b) a library that forms part of a university, college of advanced education or college of technical and further education.
When an agency (the
(a) any government information taken to be held by the former agency is instead taken to be held by the successor agency, and
(b) an access application made to the former agency is taken to have been made to the successor agency, and
(c) a decision under this Act made by the former agency is taken to have been made by the successor agency.
The
(a) another agency on which the former agency’s functions have devolved, or
(b) if the former agency’s functions have devolved on 2 or more other agencies—the agency on which have devolved the functions to which the government information concerned most closely relates, or
(c) if the former agency’s functions have not devolved on another agency—such other agency as the Minister administering this Act may, after consultation with the responsible Minister for that agency, nominate.
For the purpose of enabling an application or determination to be dealt with under this Act—
(a) an agency to which an application is to be taken to have been made, or
(b) an agency by which a determination is to be taken to have been made,
is, if the agency did not exist at the time the application or determination was in fact made, taken to have been in existence at that time.
A reference in any other Act or statutory rule to information that an agency would not be required to disclose under this Act is a reference to information that the agency would not be required to disclose in response to an access application made to the agency under this Act.
Notes included in this Act do not form part of this Act.
(Repealed)
See also the Government Information (Information Commissioner) Act 2009 and the Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009.
Government Information (Public Access) Act 2009 No 52. Assented to 26.6.2009. Date of commencement, 1.7.2010, sec 2 and 2010 (247) LW 18.6.2010. This Act has been amended by sec 132 (5) and as follows—
No 102 | Parliamentary Electorates and Elections Amendment (Automatic Enrolment) Act 2009. Assented to 14.12.2009. Date of commencement, 24.9.2010, sec 2 and 2010 (542) LW 24.9.2010. | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 4, 8.1.2010, sec 2 (2). | |
No 28 | Coroners Amendment (Domestic Violence Death Review Team) Act 2010. Assented to 9.6.2010. Date of commencement, 16.7.2010, sec 2 and 2010 (371) LW 16.7.2010. | |
No 34 | Health Practitioner Regulation Amendment Act 2010. Assented to 15.6.2010. Date of commencement of Sch 2, 1.7.2010, sec 2 (2). | |
No 71 | Privacy and Government Information Legislation Amendment Act 2010. Assented to 28.9.2010. Date of commencement, 1.1.2011, sec 2 and 2010 (657) LW 3.12.2010. | |
No 83 | Parliamentary Budget Officer Act 2010. Assented to 1.11.2010. Date of commencement of Sch 1.1, 25.1.2011, sec 2 (2). | |
No 84 | Protected Disclosures Amendment (Public Interest Disclosures) Act 2010. Assented to 1.11.2010. Date of commencement of Sch 2, 3.3.2011, sec 2 and 2011 (121) LW 3.3.2011. | |
No 102 | Surrogacy Act 2010. Assented to 16.11.2010. Date of commencement, 1.3.2011, sec 2 and 2011 (49) LW 11.2.2011. | |
No 126 | Parliamentary Electorates and Elections Further Amendment Act 2010. Assented to 7.12.2010. |
Date of commencement, assent, sec 2. | ||
No 72 | Clubs, Liquor and Gaming Machines Legislation Amendment Act 2011. Assented to 28.11.2011. Date of commencement of Sch 5.5, 1.3.2012, sec 2 (1) and 2012 (64) LW 1.3.2012. | |
No 7 | Government Information (Public Access) Amendment Act 2012. Assented to 19.3.2012. Date of commencement, assent, sec 2. | |
No 40 | Judicial Officers Amendment Act 2012. Assented to 21.6.2012. Date of commencement, assent, sec 2. | |
No 43 | Public Sector Employment and Management Amendment (Procurement of Goods and Services) Act 2012. Assented to 22.6.2012. Date of commencement, 1.7.2012, sec 2 and 2012 (306) LW 29.6.2012. | |
No 55 | Inspector of Custodial Services Act 2012. Assented to 21.8.2012. Date of commencement, 30.8.2013, sec 2 and 2013 (472) LW 30.8.2013. | |
No 60 | Courts and Other Legislation Amendment Act 2012. Assented to 10.9.2012. Date of commencement of Sch 8, assent, sec 2 (1). | |
No 82 | Rail Safety (Adoption of National Law) Act 2012. Assented to 29.10.2012. Date of commencement, 20.1.2013, sec 2 (1) and 2012 (646) LW 21.12.2012. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 2, 4.1.2013, sec 2 (1). | |
No 22 | Small Business Commissioner Act 2013. Assented to 7.5.2013. Date of commencement, 18.9.2013, sec 2 and 2013 (542) LW 18.9.2013. | |
No 37 | Victims Rights and Support Act 2013. Assented to 3.6.2013. Date of commencement, assent, sec 2. | |
No 38 | Courts and Other Miscellaneous Legislation Amendment Act 2013. Assented to 21.6.2013. Date of commencement, assent, sec 2. | |
No 40 | Government Sector Employment Act 2013. Assented to 25.6.2013. Date of commencement of Sch 6.3, 24.2.2014, sec 2 and 2013 (631) LW 8.11.2013. | |
No 41 | Members of Parliament Staff Act 2013. Assented to 25.6.2013. Date of commencement, 24.2.2014, sec 2 and 2014 (56) LW 20.2.2014. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement of Sch 2.69, 1.1.2014, sec 2 (1). | |
No 5 | Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014. Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014. | |
No 30 | Electoral and Lobbying Legislation Amendment (Electoral Commission) Act 2014. Assented to 24.6.2014. Date of commencement, 1.12.2014, sec 2 and 2014 (744) LW 28.11.2014. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 3.8, 4.7.2014, sec 2 (1). | |
No 5 | Electricity Network Assets (Authorised Transactions) Act 2015. Assented to 4.6.2015. Date of commencement of Sch 8, assent, sec 2 (1). | |
No 67 | Courts and Other Justice Portfolio Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement of Sch 1.11, assent, sec 2 (1). | |
No 46 | Land and Property Information NSW (Authorised Transaction) Act 2016. Assented to 28.9.2016. Date of commencement of Sch 4, 19.5.2017, sec 2 (2) and 2017 (96) LW 24.3.2017. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.22, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017. | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 1.9, 14 days after assent, sec 2 (1). | |
No 65 | Local Government Amendment (Regional Joint Organisations) Act 2017. Assented to 30.11.2017. Date of commencement, 15.12.2017, sec 2 and 2017 (730) LW 15.12.2017. | |
No 66 | Electoral Act 2017. Assented to 30.11.2017. Date of commencement, 1.7.2018, sec 2 and 2018 (302) LW 29.6.2018. | |
No 68 | Terrorism (High Risk Offenders) Act 2017. Assented to 30.11.2017. Date of commencement of Sch 2.12, 6.12.2017, sec 2 (1) and (2) and 2017 (678) LW 1.12.2017. | |
No 2 | Health Legislation Amendment Act 2018. Assented to 20.2.2018. Date of commencement of Sch 7, 14.12.2020, sec 2(2) and 2020 (661) LW 13.11.2020. | |
No 29 | Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Sch 1.13, assent, sec 2 (1). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 4.40, 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
No 85 | Mental Health (Forensic Provisions) Amendment (Victims) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 4, 7.1.2019, sec 2 (2) and 2018 (750) LW 14.12.2018. | |
No 89 | Government Information (Public Access) Amendment Act 2018. Assented to 28.11.2018. Date of commencement, assent, sec 2. | |
No 7 | Ageing and Disability Commissioner Act 2019. Assented to 25.6.2019. Date of commencement of Sch 1.3, 1.7.2019, sec 2 (1). | |
No 25 | Children’s Guardian Act 2019. Assented to 4.12.2019. Date of commencement of Sch 5.21, 1.3.2020, sec 2(1). | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. | |
No 32 | Health Legislation (Miscellaneous Amendments) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 9.3, assent, sec 2(1). | |
No 1 | Crimes (Administration of Sentences) Amendment Act 2022. Assented to 4.3.2022. Date of commencement, assent, sec 2. | |
No 14 | Public Interest Disclosures Act 2022. Assented to 13.4.2022. Date of commencement, 1.10.2023, sec 2 and 2023 (11) LW 20.1.2023. | |
No 36 | Casino Legislation Amendment Act 2022. Assented to 19.8.2022. Date of commencement of Sch 3, 5.9.2022, sec 2(b). | |
No 74 | Privacy and Personal Information Protection Amendment Act 2022. Assented to 28.11.2022. Date of commencement, 1st anniversary after assent (i.e. 28.11.2023), sec 2. | |
No 1 | Government Sector Finance Amendment (Grants) Act 2023. Assented to 31.5.2023. Date of commencement, 1.7.2023, sec 2. | |
No 45 | Identity Protection and Recovery Act 2025. Assented to 15.8.2025. Date of commencement, assent, sec 2. | |
No 48 | Statute Law (Miscellaneous Provisions) Act 2025. Assented to 15.8.2025. Date of commencement of Sch 4, assent, sec 2(e). |
Sec 4 | Am 2013 No 41, Sch 3.2; 2014 No 33, Sch 3.8 [1]; 2018 No 89, Sch 1 [1]. |
Sec 6 | Am 2012 No 7, Sch 1 [1]; 2023 No 1, Sch 2[1] [2]. |
Sec 14 | Am 2010 No 71, Sch 3 [1]. |
Sec 18 | Am 2012 No 7, Sch 1 [2]. |
Part 3, Div 2, heading | Subst 2012 No 7, Sch 1 [3]. |
Sec 20 | Am 2012 No 7, Sch 1 [2]; 2018 No 89, Sch 1 [2] [3]. |
Sec 21 | Am 2012 No 7, Sch 1 [2]. |
Sec 22 | Am 2012 No 7, Sch 1 [2] [4]. |
Sec 26 | Am 2012 No 7, Sch 1 [5] [6]. |
Sec 27 | Am 2012 No 7, Sch 1 [7]; 2018 No 89, Sch 1 [4]. |
Secs 33, 34 | Am 2012 No 7, Sch 1 [7]. |
Sec 36 | Am 2012 No 43, Sch 3.1. |
Sec 38 | Am 2018 No 89, Sch 1 [5]. |
Sec 41 | Am 2012 No 7, Sch 1 [8] [9]; 2018 No 89, Sch 1 [6]–[9]. |
Sec 44 | Am 2018 No 89, Sch 1 [10]. |
Sec 51 | Am 2018 No 89, Sch 1 [11] [12]. |
Sec 51A | Ins 2012 No 7, Sch 1 [10]. |
Sec 52 | Am 2012 No 7, Sch 1 [11]. |
Sec 54 | Am 2012 No 7, Sch 1 [12]; 2018 No 89, Sch 1 [13]. |
Sec 54A | Ins 2018 No 89, Sch 1 [14]. |
Sec 55 | Am 2012 No 7, Sch 1 [13]; 2018 No 89, Sch 1 [15]. |
Sec 56 | Am 2012 No 7, Sch 1 [14]–[18]; 2018 No 89, Sch 1 [16] [17]. |
Sec 59 | Am 2018 No 89, Sch 1 [18] [19]. |
Sec 60 | Am 2012 No 7, Sch 1 [19]; 2018 No 89, Sch 1 [20] [21]. |
Sec 63 | Am 2018 No 89, Sch 1 [22]. |
Sec 64 | Am 2018 No 89, Sch 1 [23]. |
Sec 68 | Am 2012 No 7, Sch 1 [20]. |
Sec 79 | Am 2018 No 89, Sch 1 [24]. |
Sec 80 | Am 2012 No 7, Sch 1 [21]. |
Sec 82 | Am 2012 No 7, Sch 1 [22]; 2013 No 95, Sch 2.69 [1]. |
Sec 85 | Am 2018 No 89, Sch 1 [25]. |
Sec 86 | Am 2018 No 89, Sch 1 [26]. |
Sec 89 | Am 2012 No 7, Sch 1 [23]. |
Sec 90 | Am 2012 No 7, Sch 1 [24]. |
Sec 92A | Ins 2018 No 89, Sch 1 [27]. |
Sec 93 | Am 2012 No 7, Sch 1 [25]. |
Sec 94 | Am 2010 No 71, Sch 3 [2]; 2012 No 60, Sch 8. |
Sec 97 | Am 2018 No 89, Sch 1 [28]. |
Sec 98 | Am 2013 No 95, Sch 2.69 [2]. |
Sec 99 | Am 2013 No 95, Sch 2.69 [3]. |
Part 5, Div 4, heading | Am 2013 No 95, Sch 2.69 [4]. |
Sec 100 | Subst 2013 No 95, Sch 2.69 [5]. Am 2018 No 89, Sch 1 [29]. |
Sec 101 | Am 2012 No 7, Sch 1 [26] [27]; 2013 No 95, Sch 2.69 [6]. |
Sec 102 | Am 2013 No 95, Sch 2.69 [6]. |
Sec 103 | Am 2013 No 95, Sch 2.69 [6] [7]. |
Sec 104 | Am 2010 No 71, Sch 3 [3]; 2013 No 95, Sch 2.69 [6]. |
Sec 105 | Am 2018 No 89, Sch 1 [30]. |
Sec 106 | Am 2012 No 7, Sch 1 [28]; 2013 No 95, Sch 2.69 [6]. |
Secs 107–109 | Am 2013 No 95, Sch 2.69 [6]. |
Sec 110 | Am 2013 No 95, Sch 2.69 [6]; 2018 No 89, Sch 1 [31]–[33]. |
Sec 111 | Am 2013 No 95, Sch 2.69 [6]. |
Sec 112 | Am 2013 No 95, Sch 2.69 [6]. Subst 2018 No 89, Sch 1 [34]. |
Sec 112A | Ins 2013 No 95, Sch 2.69 [8]. |
Sec 125 | Am 2012 No 7, Sch 1 [29]; 2018 No 70, Sch 4.40[1] [2]; 2018 No 89, Sch 1 [35]. |
Sec 126 | Am 2012 No 7, Sch 1 [30]. |
Sec 127 | Am 2012 No 7, Sch 1 [31]. |
Sec 128 | Am 2009 No 106, Sch 4.18. |
Sec 129 | Am 2010 No 71, Sch 3 [4]; 2012 No 7, Sch 1 [2]. |
Sec 130 | Am 2010 No 71, Sch 3 [5] [6]. |
Sec 131 | Am 2010 No 71, Sch 3 [7]. |
Sch 1 | Am 2009 No 102, Sch 6.2; 2010 No 83, Sch 1.1; 2010 No 84, Sch 2.3; 2010 No 102, Sch 2.3; 2010 No 126, Sch 3 [1]; 2011 No 72, Sch 5.5; 2012 No 7, Sch 1 [32] [33]; 2012 No 40, Sch 2; 2012 No 82, Sch 2.6 [1]–[3]; 2013 No 22, Sch 1.1; 2014 No 5, Sch 2.20; 2015 No 5, Sch 8.14; 2015 No 67, Sch 1.11; 2016 No 46, Sch 4.3; 2016 No 61, Sch 6.22 [1] [2]; 2017 No 63, Sch 1.9 [1]–[3]; 2017 No 66, Sch 8.12 [1]; 2018 No 29, Sch 1.13; 2018 No 89, Sch 1 [36]–[45]; 2018 No 2, Sch 7; 2022 No 1, Sch 3.1; 2022 No 14, Sch 8.9; 2022 No 74, Sch 2.2[1]; 2025 No 45, Sch 3. |
Sch 2 | Am 2010 No 28, Sch 2.2; 2010 No 34, Sch 2.20; 2010 No 126, Sch 3 [2]; 2012 No 55, Sch 3.6; 2012 No 95, Sch 2.12 [1] [2]; 2013 No 37, Sch 3.10; 2013 No 38, Sch 1.6; 2013 No 40, Sch 6.3; 2014 No 30, Sch 4.2; 2016 No 61, Sch 6.22 [3] [4]; 2017 No 66, Sch 8.12 [2]; 2017 No 68, Sch 2.12; 2018 No 85, Sch 4; 2018 No 89, Sch 1 [46]–[49]; 2019 No 7, Sch 1.3; 2019 No 25, Sch 5.21[1]; 2020 No 12, Sch 3.14; 2020 No 32, Sch 9.3; 2022 No 36, Sch 3.2; 2022 No 74, Sch 2.2[2]; 2025 No 48, Sch 4.3. |
Sch 3 | Am 2012 No 7, Sch 1 [34] [35]; 2018 No 89, Sch 1 [50] [51]. |
Sch 4 | Am 2010 No 71, Sch 3 [8]; 2012 No 7, Sch 1 [36]–[38]; 2013 No 95, Sch 2.69 [9]; 2014 No 33, Sch 3.8 [2]; 2017 No 65, Sch 2.11; 2018 No 89, Sch 1 [52]–[55]; 2019 No 25, Sch 5.21[2]. |
Sch 5 | Rep 2009 No 52, sec 132 (5). |
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