Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009 (NSW)

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An Act to amend various laws as a consequence of the enactment of the Government Information (Public Access) Act 2009; to repeal the Freedom of Information Act 1989; and for other purposes.

1Name of Act

This Act is the Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009.

2Commencement(1)

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

(2)

An amendment made by Schedule 2.15 to an uncommenced provision of the Education Act 1990 does not have effect until the commencement of the provision being amended.

3Repeal of Freedom of Information Act 1989 No 5

The Freedom of Information Act 1989 is repealed.

Schedule 1Amendment of Freedom of Information Act 1989 No 5[1]Part 4 Amendment of records

Transfer the Part to the Privacy and Personal Information Protection Act 1998 (with the following amendments) after Part 6 as Part 6A of that Act with sections numbered consecutively starting from section 59A and with cross-references to sections of that Part in those transferred provisions renumbered accordingly.

[2]Part 4, Division 1, heading

Omit the heading.

[3]Section 38A

Insert before section 39:

38AInterpretation(1)

In this Part:

GIPA Act means the Government Information (Public Access) Act 2009.

(2)

Words and expressions used in this Part that are defined in the GIPA Act have the same meanings as in that Act.

[4]Section 39 Right to apply for amendment of agencies’ records

Omit “an agency’s document”. Insert instead “a record held by an agency”.

[5]Section 39 (a)

Omit “document”. Insert instead “record”.

[6]Section 40 Applications for amendment of agencies’ records

Omit “agency’s document” from section 40 (c).

Insert instead “record held by the agency”.

[7]Section 40 (d) and (e)

Omit “document”, wherever occurring. Insert instead “record”.

[8]Section 42 Incomplete applications

Omit “agency’s document”. Insert instead “record held by the agency”.

[9]Section 45 Notices of determination

Omit section 45 (2) (b) (iv). Insert instead:

  • (iv)

    the rights of review under the GIPA Act conferred by this Part in relation to the determination, and

    • [10]Section 45 (3)

    Omit the subsection. Insert instead:

    (3)

    An agency is not required to include in a notice any matter that is of such a nature that its inclusion in the notice would result in the disclosure of information for which there is an overriding public interest against disclosure.

    [11]Section 47

    Omit Divisions 2 and 3 of Part 4. Insert instead:

    47Right of review under GIPA Act

    A person who is aggrieved by a determination of an agency under this Part is entitled to a review of the determination under Part 5 of the GIPA Act as if the determination were a reviewable decision under that Part.

    Schedule 2Amendment of other legislationAboriginal Land Rights Act 1983 No 42

    Omit “Freedom of Information Act 1989”.

    Insert instead “Government Information (Public Access) Act 2009”.

    Administrative Decisions Tribunal Act 1997 No 76[1]Section…

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    Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.