Government Information (Public Access) Act 2009 (NSW)

Does not include amendments by—

Passenger Transport Act 2014 No 46 (not commenced)

See also—

Victims Rights and Victims of Crime Commissioner Bill 2025

An Act to facilitate public access to government information.

Part 1Preliminary1Name of Act

This Act is the Government Information (Public Access) Act 2009.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Object of Act(1)

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.

(2)

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.

4Interpretation(1)

In this Act—

access application means an application for access to government information under Part 4 that is a valid access application under that Part.

agency means any of the following—

(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.

Note.

Schedule 4 contains definitions of Public Service agency, public authority, local authority, public office and court. The Information Commissioner publishes a list of agencies and their contact details.

government information means information contained in a record held by an agency.

Note.

Record is defined in clause 10 of Schedule 4.

(2)

Expressions used in this Act that are defined in Schedule 4 have the meanings set out in that Schedule.

s 4: Am 2013 No 41, Sch 3.2; 2014 No 33, Sch 3.8 [1]; 2018 No 89, Sch 1 [1].

Part 2Open government information—general principlesDivision 1Ways of accessing government information5Presumption in favour of disclosure of government information

There is a presumption in favour of the disclosure of government information unless there is an overriding public interest against disclosure.

6Mandatory proactive release of certain government information(1)

An agency must make the government information that is its open access information publicly available unless there is an overriding public interest against disclosure of the information.

Note.

Part 3 lists the information that is open access information.

(2)

Open access information is to be made publicly available free of…

Continue reading Government Information (Public Access) Act 2009 (NSW)

Citations

Interactions

Legislation content

Continue reading Government Information (Public Access) Act 2009 (NSW)

Citations

Interactions

Authorises

All Versions