1. Your rights to information have changed Public Module 1 What these changes mean to you and how you can access government information Note: changes have been made to these slides to reflect the amendments to the GIPA Act in March 2012. Please contact us for an archive copy of the original slides reflecting the pre-2012 GIPA Act amendments.

2. Using this package This package introduces you to the ‘ right to information ’ law that started in NSW on 1 July 2010. It will take you through your rights to access government information. To make best use of this package, view it in slide show mode. You might find it useful to read through each main slide first and then come back to the menu slide (each main screen has a back to menu option) Sometimes there will be extra text or examples available. Just click your mouse on the underlined word to look at extra information of interest to you. Then click on return < to go back to the original slide.

3. Topics covered 1.What is the GIPA Act and who is the Information Commissioner?What is the GIPA Act and who is the Information Commissioner? 2.What is government information?What is government information? 3.What do government agencies have to think about to decide how best to make information available to the publicWhat do government agencies have to think about to decide how best to make information available to the public 4.How do I get government information?How do I get government information? 5.Will this cost me?Will this cost me? 6.What if the information is not available when I look for it?What if the information is not available when I look for it? 7.What do I need to do to make an informal request?What do I need to do to make an informal request? 8.Making a formal access applicationMaking a formal access application 9.Is any government information excluded from release?Is any government information excluded from release? 10.How will I get access to the information?How will I get access to the information? 11.What about my personal information?What about my personal information? 12.Do I have any review rights?Do I have any review rights? 13.How can I complain about my dealings with a government agency?How can I complain about my dealings with a government agency? 14.Who can I get further help from?Who can I get further help from? 15.FeedbackFeedback

4. What is the GIPA Act and who is the Information Commissioner ? The Government Information (Public Access) Act 2009 or GIPA Act creates new rights to government information. The GIPA Act: Responds to expectations in the community for more open and transparent government Applies to all NSW government agenciesagencies Requires all NSW government agencies to release routinely and proactively a range of government information on their websites, and in other accessible formats Means that formal applications for access to information should only be needed as a last resort This package will explore the different ways you can obtain information from a government agency and explain how the Information Commissioner can help you understand your rights under this new system. Back to menu

5. The term ‘agency’ The term agency refers to all NSW government departments, NSW local councils, state-owned corporations, Universities, Ministers and their personal staff. < Return

6. Welcome from the Information Commissioner The new right to information laws promote openness, accountability and transparency and will make government agencies more proactive in providing information to the public. Informing the public of their new rights to access government information is a priority in my role as NSW’s inaugural Information Commissioner. In the biggest change to freedom of information in New South Wales in 20 years, the new Government Information (Public Access) Act 2009 (GIPA Act) replaced the Freedom of Information Act 1989 (NSW) from 1 July 2010. Back to menu

7. What is government information? Government information is anything contained in a record held by a government agency.recordheld Back to menu

8. What does ‘record’ mean? A record means “ any document or other source of information compiled, recorded or stored in written form or by electronic process, or in any other manner or by any other means. ” (GIPA Act, clause 10, sch 4) Government information includes emails as well as written documents. Return <

9. What does ‘held’ mean? A record ‘held’ by an agency means information held means: By the government agency itself, or On behalf of the agency by a government contractor, or By the State Records Office, or In the possession or under the control of people in their capacity as an officer or member of staff of the agency. This means information is included as ‘government information’ in some cases even if a government agency contracts out to a private company or service. It also means the staff member’s personal working notes can be considered as government information. Return <

10. Why do people request government information? There are all sorts of reasons why people request government information. It may be for: general interest personal information support for a legal case research and analysis information contained in reports or media stories. Back to menu

11. Who can ask for government information? Anyone can ask for government information. This includes: Members of the public wanting access to general information eg. eg. Individuals wanting to know if specific information is held about them on a government ‘ record ’ eg.eg. Organisations who help or advocate for other people to access information eg.eg. Academics or students doing research eg.eg. Special interest groups seeking information eg.eg. Media agencies for their stories or reports eg.eg. Or even government agencies seeking information about other government agencies eg.eg. Back to menu

12. Access to general information eg. location of camp sites in a particular area; or if a development application has been lodged on a particular property Return<

13. If specific information is held about them e.g. access to criminal records, speeding fines etc Return<

14. Advocate for other people e.g. a community language organisation seeking information to translate for their clients Return<

15. Doing research e.g. a post graduate student wanting information on climate change policies Return<

16. Special interest groups e.g. an event organiser for a major community celebration seeking information on wheelchair accessible venues Return<

17. Media agencies for their stories or reports e.g. for details of Ministers ’ travelling expenses Return<

18. Other government agencies e.g. wanting to know what work has already been done on mental health research by other government agencies to avoid duplication Return<

19. What do government agencies have to think about to decide how best to make information available to the public A main aim of the new right to information system in NSW is for agencies to release information without the need for formal applications, and the GIPA Act says there is a general public interest in favour of disclosure of government information unless there is an overriding public interest against disclosure.public interest The public interest test involves three steps: 1. Identifying the relevant public interest factors in favour of disclosure 2. Identifying any relevant public interest factors against disclosure 3. Assessing whether the public interest againstdisclosure outweighs the public interest in favour of disclosure. Back to menu

20. Public interest factors for disclosure There are no limits to the number and type of Public interest factors in favour of disclosure. Examples may include: Promoting open discussion of public affairs, making government more accountable or contributing to discussion on issues of public importance Helping the public learn more about how agencies work and especially their policies and practices for dealing with members of the public Monitoring how public monies are spent by government The information is personal information of the person who is asking for it Showing where an agency or a member of an agency has engaged in misconduct or negligent, improper or unlawful conduct. You can consider any other factors that favour disclosing government information. Back to menu

21. Public interest factors against disclosure The GIPA Act also provides a list of public interest considerations against disclosure. These are the only things agencies can consider in applying the public interest test against disclosure. Public interest considerations against disclosure come under the headings of: Harming responsible and effective government Prejudicing law enforcement and security Damaging individual rights, judicial processes and natural justice Prejudicing business interests of agencies and other persons Endangering environment, culture, economy and general matters Contravening secrecy provisions Exempt documents under interstate Freedom of Information legislation. Back to menu

22. How do I get government information? There are four key ways you can access information from a government agency. The first way is to look at the agency ’ s website to see if the information you want is already available. Some types of information must be available on government websites free of charge. This will include: Their policy documents A agency information guideagency information guide A register of private sector entities with whom the agency has contractsregister of private sector entities with whom the agency has contracts A disclosure logdisclosure log A record of information that the agency will not disclose because of an overriding public interest against disclosure Documents about the agency tabled in Parliament Back to menu

23. The agency information guide The agency information guide describes the agency ’ s structure and functions, and how its functions affect the public. It also provides an easily accessible list of all the agency ’ s policy documents and other information it holds. It may also refer to the agency ’ s website for information on who the agency is, what they do, where they are located, how to contact them, how to give them feedback, and so on. Return<

24. The contracts register The government contracts register records information about all contracts between government agencies and private sector entities or individuals with a value of $150,000 or more. This information has to be entered within 45 working days after the contract becomes effective. The amount of information recorded may depend on the nature of the contract. For example, if the contract is valued at $5 million or more, there must be a copy of the contract available. Return<

25. The disclosure log The disclosure log records information already disclosed under a formal access application that the agency thinks might be of interest to other people as well. The disclosure log will not reveal information about specific individuals but items of general interest to the community. If you look at the disclosure log it will tell you: The date the application was decided A description of the information How it can be accessed. Return<

26. Open access information This kind of information is called open access information. It is mandatory for agencies to release this information on their websites, unless there is an overriding public interest against disclosure. Here is an example of how this open access information may look on a website.open access information Back to menu

27. Proactive release Agencies are also encouraged under the GIPA Act to release as much information as possible, either free of charge, or at the lowest reasonable cost. This is called proactive release and is the second way to obtain government information. Back to menu

28. Will this cost me? Agencies are required to publish specific open access information free of charge. You can print this from their website or ask them to send you a copy by mail or email. You may also request this information in an accessible or alternative format such as translated into a community language or printed in larger font. Examples of this kind of information could be a publication the agency offers, a copy of a media release, or their annual report. Agencies are encouraged to make as much other information as possible publicly available under proactive release. This is to be free of charge or at the lowest reasonable cost (if it costs the agency to get copies made and sent to you). You should be told of any cost to you when you ask for the information. Back to menu

29. What if the information is not available when I look for it? If you have no luck after looking at the agency’s website, contact the government agency directly and ask for the information. This is the third way to get government information and is called an informal release of information. The GIPA Act gives authority for other information to be released when informally requested. The agency’s website will provide a contact number and email for general enquiries. They will also provide their address. You may use any of these for your enquiry. Also ask if the agency has a “Right to Information Officer” you can speak to, as each agency will need to make someone specifically responsible for some of their day-to-day obligations under the GIPA Act. Back to menu

30. What will they tell me? If the information you ask for is open access information that is already available, the agency should tell you where and how you can get the information. If the information is not available, they will need to decide whether to give it to you informally, ask you to put in a formal access application or whether the information should now be available as part of “proactive release” of information. This will depend on the type of information you are asking for. Back to menu

31. What do I need to do to make an informal request? You need to ask for something specific. Go to the agency and say you would like to make an informal request for information. The person to help you will often be the Right to Information Officer. Here is an example of making an informal request.an example Agencies are encouraged under the GIPA Act to release information without the need for a formal application. With informal requests for information, the agency may release the information to you with conditions. For example, if you want to look at a photograph that is the agency does not have permission to reproduce, the agency may give you “view only” access and not let you photocopy it. Back to menu

32. Making an informal request “I want to find out where I am on the Housing NSW waiting list for accommodation. How do I go about this?” You could do this as an informal request for information from Housing NSW. Contact Housing NSW directly and ask say you want to speak to the someone who will be able to give you access to information on your tenancy file. Be prepared with as much relevant information as possible like your file or application number, being able to prove you are who you say you are. Return<

33. Can a government agency say ‘no’ to my informal request? Yes, a government agency can deny a request for informal release of government information. Before releasing information the agency will first check there is not an overriding public interest against disclosure. They look to see whether the public interest reasons for disclosure outweigh the public interest reasons against disclosure. This is applying the public interest test. For exampleFor example Back to menu

34. Where public interest against disclosure may outweigh public interest for disclosure “I want to find out information from the NSW Police about the circumstances they will call off high speed police chases. Are they likely to give this to me?” The NSW Police may decide there is an overriding public interest against disclosing some or all the information requested due to concerns about making public knowledge the speed people need to travel for the Police to cease trying to stop their vehicle. Return<

35. Can any material be deleted from the information I receive? An agency may first delete some material from the record. This may be done so the public can get access to information that otherwise might have been excluded due to an overriding public interest against disclosure. This also might be done to remove personal information of an another person. If an agency declines to release information under an informal request, there is no right of appeal but you can, as the fourth option to access information, chose to make a formal application Back to menu

36. Making a formal access application In some situations, a formal access application may be necessary. Since agencies are encouraged to release as much information as possible, this should be a last resort. It may be necessary where, for example, a large amount of information needs to be retrieved, or the information relates to a third person and the agency must consult before making a decision. An agency can only consider your formal access application if it is valid. Back to menu

37. How do I make sure my formal application is “valid”? To be valid a formal application for access to government information must: Be in writing State it is made under the Government Information (Public Access) Act 2009 (NSW) or GIPA Act Give a postal address for return correspondence Provide enough detail for the agency to identify what information you want Enclose the application fee of $30 Back to menu

38. Making a ‘good application’ To help the agency respond to your formal access application, you should: Work out exactly why you need the information you are asking for Know what information you want and be able to clearly describe it to others Be as specific as possible. If will help if you can list dates, people, events, locations etc to help identify the exact information you want. Remember agencies hold a lot of information. The more specific you can be, the more likely it is you will get a timely response. Back to menu

39. What will happen if my formal application is not valid? An agency has up to five working days from the day they receive your application to consider it and let you know whether it is valid or not. If your application is valid, the agency must tell you the date it must make a decision about your application. If it is not valid, the agency must tell you why and give you reasonable assistance to make a valid application. You can also get help from the Information and Privacy Commission NSW with your formal application.Information and Privacy Commission NSW Back to menu

40. How will my application be handled by the agency? If your access application is valid, the agency will take steps to see if it has the information you want. The agency must make a reasonable search for the information. If it doesn’t hold the information, your application may need to be transferred to another agency. The agency may need to talk to other people, businesses or government bodies to find the information. The agency will make a decision to give you access to the information or not using the public interest test.public interest test Back to menu

41. The public interest test The GIPA Act says there is a general public interest in favour of disclosure of government information unless there is an overriding public interest against disclosure.public interest The public interest test involves three steps: 1. Identifying the relevant public interest factors in favour of disclosure 2. Identifying any relevant public interest factors against disclosure 3. Assessing whether the public interest againstdisclosure outweighs the public interest in favour of disclosure. Return<

42. What else can I expect? You must be told within 20 working days of the agency receiving your application, what the decision is, unless you agree to extend this time. If the agency needs to consult with a third party or retrieve records from archives they can extend this time by between 10 and 15 working days without seeking your agreement. What if I send my application to the wrong agency?wrong agency If the agency does not decide on your formal access application within the 20 working days, it is considered refused. Your application fee must be returned to you and you must be told that you have rights of review. Back to menu

43. If your application is sent to the wrong agency If your application has not been sent to the right government agency, the agency can: Send it onto to the right agency, if that agency agrees, and let you know details, OR Check with you and if you agree or request it, send it to the right agency without the new agency’s consent. These are called transfers. Return<

44. Will there be extra costs for my formal access application? There may be costs with processing your formal application for information. The agency must tell you about the charges when they tell you whether they have decided to provide access to the information. Processing costs $30 per hour and covers the time needed to deal with your application. Your $30 application fee counts towards your processing charge. An agency may ask you to pay up to 50% of the anticipated processing charge before they start the work. They have to ask for this in writing and give you at least 20 working days to pay. Back to menu

45. Will there be extra costs for my formal access application (cont’d) You will get a refund of any advance deposit that exceeded the actual processing charge for dealing with the application. If the agency does not respond to your application within time, you can also get a refund of any advance deposit. If you do not pay this advance deposit, the agency can refuse to deal further with your formal application as long as they tell you. If your request is for access to your own personal information the first 20 hours of processing time are free. Back to menu

46. What if I can’t pay? An agency can give a 50% reduction in the processing fee if you can show you will experience financial hardship or if the application is of special benefit to the public generally (e.g. from a public interest group). Agencies also have a general discretion to waive or reduce fees and charges in any situation they consider appropriate. A fee reduction example Back to menu

47. Fee reduction example An application is received from a small non-government agency advocating for the rights of people with intellectual disabilities. It is anticipated the application will take 3 hours of processing time for the agency. Application fee of $30 (includes first hour of processing)$30.00 Plus remaining 2 hours processing charge+$60.00 Anticipated processing charge$90.00 Less 50% reduction for ‘special benefit to the public’-$45.00 Total to pay=$45.00 Return<

48. How does a transfer impact on time frames and costs? The original agency keeps the fee but can not make any processing charges The new agency cannot charge an application fee but can charge for the costs of processing your application The original agency has up to 10 working days from the date the application is received to initiate a transfer of your request to another agency The date the new agency receives your transferred application is now considered as the date the application was made. Back to menu

49. Is any government information excluded from release? The need for government agencies to weigh up the public interest considerations for release with the public interest considerations against release of government information applies in most circumstances. In the case of some specific information detailed in schedule 1 it is presumed that there will always be an overriding public interest against disclosure under the GIPA Act, however depending on the circumstances the information may still be available under other laws. schedule 1 Back to menu

50. It is presumed some information will not be released Some information in these categories cannot be released: 1.Overriding secrecy laws 2.Cabinet information 3.Executive Council Information 4.Contempt (e.g. of Court or Parliament) 5.Legal Professional Privilege (unless waived) 6.Excluded information 7.Law enforcement and public safety 8.Transport safety 9.Adoption 10.Some reports regarding the care and protection of children 11.The Registers of Interest kept under the Ministerial Code of Conduct 12.Aboriginal and environmental heritage.

51. Is any government information excluded from release (cont’d) Some particular agencies have specific functions where information relating to that function is also excluded information. You cannot make a formal access application for this excluded information of the agency. You can see a list of these specific exempt functions of particular agencies in schedule 2 to the GIPA Actschedule 2 to the GIPA Act Back to menu

52. Are there any other reasons an agency may refuse to deal with my application? An agency may refuse to deal with the whole application, or a part of the application, if: Dealing with it would use an unreasonable and substantial amount of the agency ’ s resources (and then you must be given the opportunity to amend your request) You have already made an application for the same information before and there are no reasonable reasons why the agency would make a different decision this time You have already received the information under a subpoena You have not paid the advance deposit. What ’ s not an OK reason for refusal? Back to menu

53. What’s not an OK reason for refusal? Agencies may not refuse an application because disclosure of the information: Will cause embarrassment to or loss of confidence in the government May be misinterpreted or misunderstood. Return<

54. How will I get access to the information? If your formal access application is approved, you need to be either given a copy of the information you request or given a reasonable opportunity to come to the agency and inspect the information. You may specify the way you want to access the information and the agency should do what they reasonably can to provide this. You have up to six months to take up your rights to access the information. The agency cannot put conditions on how you use information gained through a formal access application. The agency can put conditions on how you access the information (e.g. you can view and take notes but not copy) but only to avoid an overriding public interest against disclosure. Back to menu

55. Will other people get access to the information released to me? This is possible. If the agency thinks this information may be of interest to other members of the public, they will record it on the “disclosure log” on their website so other people can access it also. You can object to the information being recorded on the disclosure log if for example it includes personal or business information. Back to menu

56. What about my personal information? Personal information is information or an opinion about a person that can identify the person. Government agencies may hold information about you that can identify you. The Privacy and Personal Information Protection Act protects personal information and the Health Records Information and Privacy Act protects information about your health and medical records.Privacy and Personal Information Protection Act Health Records Information and Privacy Act See the website of the Information and Privacy Commission for more information.Information and Privacy Commission Back to menu

57. How can I access my own personal information? Under the GIPA Act, start with an informal request to the relevant agency for your personal information. The agency should do what they can to release the information to you this way or tell you why a formal access application is required. The Privacy and Personal Information Protection Act and the Health Records Information and Privacy Act may also give you options to access your personal or health information. For more information see the Information and Privacy Commission website.website Back to menu

58. What about others accessing my personal information? How is my privacy protected? Before disclosing information, an agency must think about whether you would be concerned about the release of the information and weigh up the public interest concerns for and against release. The agency may remove your personal information from the document before releasing it. If your information is removed, you do not need to be consulted. If the agency does not remove your personal information it must: Consult with you and take into account any objections you have before release the information. If the agency decides to release the information anyway, they must: Tell you about it first and let you have the right to have their decision reviewed Not release the information while you have the right to seek this review. Back to menu

59. What about information about my business? If a formal access application covers your business information, an agency must consult you to see whether you object to the information being released. Any objections must relate to one of more of the public interest considerations against disclosure.public interest considerations against disclosure The agency will not release the information if the public interest considerations against disclosure outweigh the public interest considerations for disclosure. If the agency decides to release your business information, and you still have objections, you have a right to have this decision reviewed. The information can not be released while you have the right to seek this review. Back to menu

60. Public interest factors against disclosure The GIPA Act also provides a list of public interest considerations against disclosure. These are the only things agencies can consider in applying the public interest test against disclosure. Public interest considerations against disclosure come under the headings of: Harming responsible and effective government Prejudicing law enforcement and security Damaging individual rights, judicial processes and natural justice Prejudicing business interests of agencies and other persons Endangering environment, culture, economy and general matters Contravening secrecy provisions Exempt documents under interstate Freedom of Information legislation. Return<

61. Do I have any review rights? Yes, you have a number of review rights under the GIPA Act. If you are refused access to information, you can seek: 1.An Internal ReviewInternal Review 2.A Review by the Information CommissionerReview by the Information Commissioner 3.A Review by the NSW Civil and Administrative TribunalReview by the NSW Civil and Administrative Tribunal If you are the applicant, you can choose which review option to take. If you are not the applicant, for example, you are a third party whose information will be released, you must seek an internal review first. Back to menu

62. An Internal Review Ask the agency for an internal review. This involves someone not less senior than the original decision maker reviewing the decision. This will cost you $40. There will be no additional processing charge. If you choose to have the decision reviewed internally, you must apply for an internal review within 20 working days of being told of the original decision. Return<

63. A review by the Information Commissioner If you are not satisfied by the internal review, or you do not want one, you can ask the Information Commissioner to review the decision.Information Commissioner You have 40 working days from being told of the decision to apply to the Information Commissioner for a review. There is no fee for this review. Return<

64. A review by the NSW Civil and Administrative Tribunal (NCAT) If you are not satisfied by the decision of the Information Commissioner or the internal review, or you do not want either option, you can ask the NSW Civil and Administrative Tribunal (NCAT) to review the decision.NSW Civil and Administrative Tribunal If the Information Commissioner has already made a review for you, you have 20 working days from being told of this decision to apply to the NCAT. If you choose not to have a review by the Information Commissioner, you have 40 working days from being told of the agency's decision to appeal to the NCAT. Return<

65. How can I complain about my dealings with a government agency? You can complain about your dealings with a government agency in accessing information to the Information Commissioner. Information Commissioner The Information Commissioner has the authority to investigate (either formally or informally) and take actions to assist in resolving the complaint. Contact the Information and Privacy Commission by email, telephone or by mail to raise your complaint. Back to menu

66. Who can I get further help from? To learn more about your rights to accessing government information and view other resources, visit the website of the Information and Privacy Commission NSW (IPC): www.ipc.nsw.gov.au or call on 1800 IPC NSW (1800 472 679) or visit us during business hours at: Level 11, 1 Castlereagh St, Sydney or email our general enquiries area at ipcinfo@ipc.nsw.gov.auipcinfo@ipc.nsw.gov.au Back to menu

67. What is the role of the Information and Privacy Commission NSW (IPC)? Our role is to: Promote public awareness of the new right to information system Provide information, advice, assistance and training to agencies and the general public Issue guidelines to assist agencies and the public on various matters Monitor agencies’ compliance with the GIPA Act. Back to menu

68. Feedback Thank you for completing this e-learning package. We welcome your feedback. Our resources will continue to be tailored to respond to issues and needs identified through this feedback. If you would like to tell us what you thought of this presentation introducing you to your new rights to access government information, please ring the IPC on 1800 IPC NSW (1800 472 679) or email us on ipcinfo@ipc.nsw.gov.au.ipcinfo@ipc.nsw.gov.au Or open and save this evaluation form. After you have completed it, please email it back to us as an attachment to: ipcinfo@ipc.nsw.gov.au.evaluation form ipcinfo@ipc.nsw.gov.au Back to menu