Government Information (Public Access) Amendment Regulation 2010 (NSW)
2010 No 252
New South Wales
Government Information (Public
Access) Amendment Regulation 2010
under the
Government Information (Public Access) Act 2009
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Government Information (Public Access) Act 2009.
JOHN HATZISTERGOS, MLC
Attorney General
Explanatory note
The object of this Regulation is to amend the Government Information (Public Access) Regulation 2009 which was made as Schedule 5 to the Government Information (Public Access) Act 2009 (the GIPA Act) as follows:
| (a) | to prescribe additional government information held by Ministers, Government Departments and statutory bodies as open access information that is required to be made publicly available by the agency concerned under the GIPA Act, |
| (b) | to require the annual report by an agency under section 125 of the GIPA Act to include statistical information about access applications made to the agency and details about the agency’s yearly review of its program for releasing government information held by the agency, |
| (c) | to extend, in the case of an access application relating to a school, the period in which the application must be decided if the usual 20-day period for deciding the application occurs during the school holidays, |
| (d) | to specify the corresponding FOI laws of other Australian jurisdictions under which information may be made exempt from the relevant disclosure requirements under the GIPA Act, |
| (e) | to declare certain bodies to be public authorities for the purposes of the GIPA Act, |
| (f) | to declare certain agencies to be treated as being part of another agency (so that government information held by the subsidiary agency is, for the purposes of an access application, taken to be held by the parent agency), |
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| Government Information (Public Access) Amendment Regulation 2010 Explanatory note | |
| (g) | to provide that records held by the Audit Office or the Ombudsman’s Office that were originally created or received by another agency are taken to be held by that other agency. |
This Regulation is made under the Government Information (Public Access) Act 2009, including sections 14 (clause 7 of the Table to that section), 18 (g), 57 (3), 125 and 129 (the general regulation-making power), clause 1 of Schedule 3 and clauses 2 (2) (b), 6 and 13 (1) (e) of Schedule 4.
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| Government Information (Public Access) Amendment Regulation 2010 | Clause 1 |
Government Information (Public Access) Amendment
Regulation 2010
under the
Government Information (Public Access) Act 2009
1 Name of Regulation
This Regulation is the Government Information (Public Access)
Amendment Regulation 2010.
2 Commencement
This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.
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| Schedule 1 | Amendment of Government Information (Public Access) Regulation 2009 |
Note. The Government Information (Public Access) Regulation 2009 was made as
Schedule 5 to the Government Information (Public Access) Act 2009.
[1] Parts 3 and 4
Insert after Part 2:
Part 3 Provisions relating to agencies generally 5 Additional open access information of certain agencies
(1) Ministers For the purposes of section 18 (g) of the Act, the following government information is prescribed as open access information of a Minister:
(a) any media release issued by the Minister, (b)
details (including the costs and purpose) of any overseas travel undertaken by the Minister.
(2) Government departments For the purposes of section 18 (g) of the Act, the following government information is prescribed as open access information of a Government Department:
(a)
a list of the Department’s major assets, other than land holdings, appropriately classified and highlighting major acquisitions during the previous financial year,
(b)
the total number and total value of properties disposed of by the Department during the previous financial year,
(c) the Department’s guarantee of service (if any), (d) the Department’s code of conduct (if any). (3)
The reference in subclause (2) to a Government Department includes a reference to a public authority that is a Department within the meaning of the Annual Reports (Departments) Act 1985.
(4) Statutory bodies For the purposes of section 18 (g) of the Act, the following government information is prescribed as open access information
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of a public authority that is a statutory body within the meaning
of the Annual Reports (Statutory Bodies) Act 1984:
(a) the total number and total value of properties disposed of by the statutory body during the previous financial year, (b) the statutory body’s guarantee of service (if any). 6 Extension of decision period for access applications involving schools
The decision period under section 57 of the Act is:
(a)
in the case of an access application that involves a school, and
(b)
if any part of the decision period occurs when the school is closed for school holidays,
extended by the number of working days occurring in that school
holiday period after the application is received.7 Annual reporting requirements under section 125 of Act
The annual report of an agency (other than a Minister) required to be prepared under section 125 of the Act must include the following:
Note. An agency’s report under section 125 of the Act can be included in the agency’s annual report required to be prepared under the annual reporting legislation—see section 6 of the Annual Reports (Departments) Act 1985 or section 5A of the Annual Reports (Statutory Bodies) Act 1984 (as the case requires).
(a) details of the review carried out by the agency under section 7 (3) of the Act during the reporting year and the details of any information made publicly available by the agency as a result of the review, (b) the total number of access applications received by the agency during the reporting year (including withdrawn applications but not including invalid applications), (c) the total number of access applications received by the agency during the reporting year that the agency refused, either wholly or partly, because the application was for the disclosure of information referred to in Schedule 1 to the Act (Information for which there is conclusive presumption of overriding public interest against disclosure), Note. Table D in Schedule 2 also requires information relating to access applications in respect of which there is a conclusive presumption of overriding public interest against disclosure.
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(d) information, as set out in the form required by the tables in Schedule 2, relating to the access applications (if any) made to the agency during the reporting year. 8 Public availability of open access information of Ministers
The open access information of a Minister may, without limiting section 6 of the Act, be made publicly available on a website maintained by a Government Department for which the Minister is responsible.
9 Discounted processing charge
An agency is required to reduce, by 50%, the processing charge payable under the Act for dealing with an access application if the applicant provides evidence that the applicant:
(a)
is the holder of a Pensioner Concession card issued by the Commonwealth that is in force, or
(b) is a full-time student, or (c)
is a non-profit organisation (including a person applying for or on behalf of a non-profit organisation).
Part 4 Miscellaneous 10 Exempt documents under interstate FOI legislation— corresponding laws
The following laws are prescribed as corresponding laws for the purposes of clause 7 of the Table to section 14 of the Act:
(a) Freedom of Information Act 1982 of Victoria, (b) Right to Information Act 2009 of Queensland, (c) Freedom of Information Act 1989 of the Australian Capital Territory, (d) Freedom of Information Act 1992 of Western Australia, (e) Right to Information Act 2009 of Tasmania, (f) Freedom of Information Act 1991 of South Australia, (g) Information Act of the Northern Territory. 11 Bodies declared to be public authorities
For the purposes of clause 2 (2) (b) of Schedule 4 to the Act, each of the following bodies is declared to be a public authority:
(a) NSW Adult Migrant English Service, (b) Australian Music Examinations Board NSW,
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(c) Duke of Edinburgh Award Scheme (NSW State Committee), (d) Regional Development Australia. 12 Agencies that are part of other agencies
For the purposes of clause 6 of Schedule 4 to the Act, each agency referred to in Schedule 3 to this Regulation (the subsidiary agency) is declared not to be a separate agency but is taken to be part of and included in the agency (the parent agency) specified in that Schedule in respect of the subsidiary agency.
13 Records in certain agencies
For the purposes of clause 13 (1) (e) of Schedule 4 to the Act, the following agencies are prescribed:
(a) Audit Office, (b) Ombudsman’s Office. 14 Savings and transitional provisions
(1) FOI Act annual reports due for 2010 Section 68 of the FOI Act continues to apply (as if it had not been repealed) to and in respect of any report that would, but for that repeal, have been required to be prepared at any time during 2010.
(2) Publication of information concerning affairs of agencies under
FOI ActDespite the repeal of section 14 of the FOI Act, the requirement under that section to publish a statement of the affairs of an agency, or an up-to-date summary of those affairs, that was due by 30 June 2010 is, if that statement or summary was not published on or before that date, extended until 30 July 2010. However, any such statement or summary is not required to be published if the agency adopts its publication guide under section 20 of the Act before 30 July 2010.
(3) In this clause:
FOI Act means the Freedom of Information Act 1989 as in force
immediately before its repeal.
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[2] Schedules 2 and 3
Insert after Schedule 1:
Schedule 2
Statistical information about access applications to be included in annual report
(Clause 7)
Table A: Number of applications by type of applicant and outcome*
Access Access Access Information Information Refuse to Refuse to Application granted granted refused not held already deal with confirm/ withdrawn in full in part in full available application deny
whether
information
is held
Media
Members of Parliament
Private sector
business
Not for profit organisations or community groups
Members of
the public
(application
by legal
representative)
Members of
the public
(other)
* More than one decision can be made in respect of a particular access application. If so, a recording must be made in relation to each such decision. This also applies to Table B.
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Table B: Number of applications by type of application and outcome
Access Access Access Information Information Refuse to Refuse to Application granted granted refused not held already deal with confirm/ withdrawn in full in part in full available application deny
whether
information
is held
Personal
information
applications*
Access
applications
(other than
personal
information
applications)
Access
applications
that are
partly
personal
information
applications
and partly
other
* A personal information application is an access application for personal information (as defined in clause 4 of Schedule 4 to the Act) about the applicant (the applicant being an individual).
Table C: Invalid applications
No of
| Reason for invalidity | applications |
| Application does not comply with formal requirements (section 41 of the Act) | |
| Application is for excluded information of the agency (section 43 of the Act) Application contravenes restraint order (section 110 of the Act) | |
| Total number of invalid applications received Invalid applications that subsequently became valid applications | |
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Table D: Conclusive presumption of overriding public interest against disclosure: matters listed in Schedule 1 to Act
Number of times
consideration used*
Overriding secrecy laws
Cabinet information
Executive Council information
Contempt
Legal professional privilege
Excluded information
Documents affecting law enforcement and public safety
Transport safety
Adoption
Care and protection of children
Ministerial code of conduct
Aboriginal and environmental heritage
* More than one public interest consideration may apply in relation to a particular access application and, if so, each such consideration is to be recorded (but only once per application). This also applies in relation to Table E.
Table E: Other public interest considerations against disclosure: matters listed in table to section 14 of Act
Number of occasions when application not successful
Responsible and effective government
Law enforcement and security
Individual rights, judicial processes and natural justice
Business interests of agencies and other persons
Environment, culture, economy and general matters
Secrecy provisions
Exempt documents under interstate Freedom of
Information legislation
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| Table F: Timeliness |
Number of
applications
Decided within the statutory timeframe (20 days plus any extensions)
Decided after 35 days (by agreement with applicant)
Not decided within time (deemed refusal)
Total
Table G: Number of applications reviewed under Part 5 of the Act (by type of review and outcome)
Decision varied Decision upheld Total
Internal review
Review by Information
Commissioner*
Internal review following
recommendation under section 93
of Act
Review by ADT
Total
* The Information Commissioner does not have the authority to vary decisions, but can make recommendations to the original decision-maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made by the Information Commissioner.
Table H: Applications for review under Part 5 of the Act (by type of applicant)
Number of applications
for review
Applications by access applicants
Applications by persons to whom information the subject of access application relates (see section 54 of the Act)
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Schedule 3 Agencies declared to be part of
other agencies
(Clause 12)
Subsidiary agency Parent agency Aboriginal Land Councils Pecuniary Department of Human Services Interest and Disciplinary Tribunal Administrative Decisions Tribunal Department of Justice and Attorney
GeneralAdvisory committee or consultation Department of Environment, Climate forum established under the Protection Change and Water of the Environment Administration
Act 1991Advisory committee established under Office of the NSW Food Authority the Food Act 2003 Advisory committee established Department of Environment, Climate under the National Parks and Change and Water Wildlife Act 1974 Advisory committee established under Department of Industry and Investment the Noxious Weeds Act 1993 Agricultural industry services committee Department of Industry and Investment constituted by the Agricultural Industry
Services Act 1998Animal Research Review Panel Department of Industry and Investment Anti-Discrimination Board Department of Justice and Attorney
GeneralAustralian Music Examinations Board Office of the Board of Studies NSW Biological Control Authority Department of Industry and Investment Biological Diversity Advisory Council Department of Environment, Climate
Change and WaterBoard of the Environment Protection Department of Environment, Climate Authority Change and Water Board of Surveying and Spatial Land and Property Management Information Authority Board of Vocational Education and Department of Education and Training Training Bookmakers Revision Committee Communities NSW
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Subsidiary agency Parent agency Botany Cemetery Trust Land and Property Management
AuthorityBuilding and Construction Industry Building and Construction Industry Long Long Service Payments Committee Service Payments Corporation Bush Fire Co-ordinating Committee Department of Rural Fire Service Casino, Liquor and Gaming Control Communities NSW Authority Charity Referee appointed under the Department of Justice and Attorney Dormant Funds Act 1942 General Children’s Court Department of Justice and Attorney
GeneralChildren’s Court Advisory Committee Department of Justice and Attorney
GeneralChildren’s Court Clinic Department of Justice and Attorney
GeneralChipping Norton Lake Authority Land and Property Management
AuthorityChiropractic Care Assessment Department of Health Committee Chiropractors Registration Board Department of Health Chiropractors Tribunal Department of Health Coal Competence Board Department of Industry and Investment Combat Sports Authority Communities NSW Commissioner of the Land and Department of Justice and Attorney Environment Court General Committee of inquiry established under Department of Industry and Investment the Energy and Utilities Administration
Act 1987Committee of Review appointed under Department of Health the Health Services Act 1997 Consumer, Trader and Tenancy Tribunal Department of Services, Technology and
Administration
Contract of Carriage Tribunal Department of Justice and Attorney
GeneralCo-operatives Council constituted under Department of Services, Technology and the Co-operatives Act 1992 Administration
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Subsidiary agency Parent agency Costs assessor appointed under the Department of Justice and Attorney Legal Profession Act 2004 General Dental Technicians Registration Board Department of Health Director of Equal Opportunity in Public Department of Premier and Cabinet Employment Disability Council under the Community Department of Human Services Welfare Act 1987 District Court Department of Justice and Attorney
GeneralDrug Court Department of Justice and Attorney
GeneralDuke of Edinburgh Award Scheme Communities NSW (NSW State Committee) Dust Diseases Tribunal Department of Justice and Attorney
GeneralElectrical Equipment Safety Advisory Department of Services, Technology and Committee Administration Energy Corporation Department of Industry and Investment Environmental Trust Department of Environment, Climate
Change and WaterExhibited Animals Advisory Committee Department of Industry and Investment Fair Trading Advisory Council Department of Services, Technology and
AdministrationFarrer Memorial Trust Department of Industry and Investment Festival Development Corporation Land and Property Management
AuthorityFinancial Counselling Trust Fund Department of Services, Technology and
AdministrationFluoridation of Public Water Supplies Department of Health Advisory Committee Geographical Names Board Land and Property Management
AuthorityGuardianship Tribunal Department of Human Services Hardship Review Board constituted The Treasury under the Taxation Administration
Act 1996
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Subsidiary agency Parent agency Hazardous Chemicals Advisory Department of Environment, Climate Committee Change and Water Health Administration Corporation Department of Health Heritage Council Department of Planning Home Building Advisory Council Department of Services, Technology and
AdministrationHunter Development Corporation Land and Property Management
AuthorityIndustrial Committee established under Department of Justice and Attorney the Industrial Relations Act 1996 General Industrial Registrar Department of Justice and Attorney
GeneralIndustrial Relations Commission Department of Justice and Attorney
GeneralLake Illawarra Authority Land and Property Management
AuthorityLand and Environment Court Department of Justice and Attorney
GeneralLand and Housing Corporation Department of Human Services Law Reform Commission Department of Justice and Attorney
GeneralLegal Profession Admission Board Department of Justice and Attorney
GeneralLegal Services Commissioner Department of Justice and Attorney
GeneralLibrary Council Communities NSW Local Court Department of Justice and Attorney
GeneralLocal Government Boundaries Department of Premier and Cabinet Commission Local Government Grants Commission Department of Premier and Cabinet Local Government Remuneration Department of Premier and Cabinet Tribunal Local Government Pecuniary Interest Department of Premier and Cabinet and Disciplinary Tribunal
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Subsidiary agency Parent agency Local land board under the Crown Land and Property Management Lands Act 1989 Authority Medical Committee constituted under Department of Health the Poisons and Therapeutic Goods
Act 1966Medical Services Committee established Department of Health under the Health Administration Act
1982Mental Health Review Tribunal Department of Health Metalliferous Mines and Extractive Department of Industry and Investment Industries Competence Board Mine Subsidence Board Department of Industry and Investment Ministerial Corporation for Industry Department of Industry and Investment Ministerial Review Panel appointed Department of Planning under section 35 of the Heritage
Act 1977Motor Vehicle Industry Advisory Department of Services, Technology and Council Administration National Parks and Wildlife Advisory Department of Environment, Climate Council Change and Water New South Wales Council on Department of Environment, Climate Environmental Education Change and Water New South Wales Innovation Council Department of Industry and Investment Non-Indigenous Animals Advisory Department of Industry and Investment Committee Nurses and Midwives Board Department of Health Nurses and Midwives Tribunal Department of Health Optical Dispensers Licensing Board Department of Health Optometrists Registration Board Department of Health Osteopaths Registration Board Department of Health Osteopaths Tribunal Department of Health Parliamentary Remuneration Tribunal Department of Premier and Cabinet Physiotherapists Registration Board Department of Health Physiotherapy Standards Advisory Department of Health Committee
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Subsidiary agency Parent agency Planning administrator appointed under The local authority that the planning section 118 of the Environmental administrator was appointed to exercise Planning and Assessment Act 1979 functions of Planning assessment panel appointed The local authority that the planning under section 118 of the Environmental assessment panel was appointed to Planning and Assessment Act 1979 exercise functions of Podiatrists Registration Board Department of Health Poisons Advisory Committee Department of Health Pool Fencing Advisory Committee Department of Premier and Cabinet Privacy Commissioner Department of Justice and Attorney
GeneralProducts Safety Committee Department of Services, Technology and
AdministrationProfessional Standards Committee under Department of Health the Nurses and Midwives Act 1991 Professional Standards Council Department of Justice and Attorney
GeneralProperty Services Advisory Council Department of Services, Technology and
AdministrationPsychological Care Assessment Department of Health Committee Psychologists Registration Board Department of Health Radiation Advisory Council Department of Environment, Climate
Change and WaterRegistrar under the Aboriginal Land Department of Human Services Rights Act 1983 Reserve trust established under the Land and Property Management Crown Lands Act 1989 Authority Review Panel established under the Department of Industry and Investment Gas Supply Act 1996 Riverina Citrus Department of Industry and Investment Roads and Traffic Advisory Council Roads and Traffic Authority Rural Assistance Authority Department of Industry and Investment Rural Fire Service Advisory Council Department of Rural Fire Service Sentencing Council Department of Justice and Attorney
General
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Subsidiary agency Parent agency Serious Offenders Review Council Department of Justice and Attorney
GeneralSmall Business Development Department of Industry and Investment Corporation Sporting Injuries Committee Compensation Authorities Staff Division State Aviation Working Group Transport NSW State Debt Recovery Office The Treasury State Parole Authority Department of Justice and Attorney
GeneralStatutory and Other Offices Department of Premier and Cabinet Remuneration Tribunal Supreme Court Department of Justice and Attorney
GeneralThe Stewart House Preventorium, Department of Education and Training Curl Curl Teacher Housing Authority Department of Services, Technology and
Administration TrainingTrustees of Anzac Memorial Building Department of Premier and Cabinet Trust established in respect of a Land and Property Management common under the Commons Authority Management Act 1989 Trustees of the Parliamentary The Treasury Contributory Superannuation Fund Trustees of the West Scholarship Department of Education and Training Scheme Victims Advisory Board Department of Justice and Attorney
GeneralVictims Compensation Fund Department of Justice and Attorney Corporation General Victims Compensation Tribunal Department of Justice and Attorney
GeneralVocational Education and Training Department of Education and Training Accreditation Board Vocational Training Tribunal Department of Education and Training
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Subsidiary agency Parent agency Wagga Wagga Interim Joint Planning Wagga Wagga City Council Panel constituted under section 23G of the Environmental Planning and Assessment Act 1979 Wild Dog Destruction Board Land and Property Management
AuthorityWorkers Compensation and Workplace Compensation Authorities Staff Division Occupational Health and Safety Council Workers Compensation Commission Compensation Authorities Staff Division Workers Compensation (Dust Diseases) Compensation Authorities Staff Division Board
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