Accessing information under the Government Information (Public Access) Act 2009
What is the Government Information (Public Access) Act?
The Government Information (Public Access) Act 2009 (GIPA Act) came into force on 1 July 2010. It replaces the Freedom of Information Act 1989. The object of the GIPA Act is to open government information to the public by:
- authorising and encouraging the proactive public release of government information by agencies, and
- giving members of the public an enforceable right to access government information, and
- providing that access to government information is restricted only when there is an overriding public interest against disclosure.
The GIPA Act requires government agencies to make certain information easily available to the public without requiring an application. This is known as open access information, and includes:
- information about who we are, what we do and the information we hold (our publication guide)
- information about our office tabled in Parliament
- our policy documents
- a log of all of the information released in response to applications (our disclosure log), and
- information about contracts valued at over $150,000.
We are also required to provide an explanation if we do not make any of the information listed above available publicly.
What information is available from the Ombudsman?
Government agencies are required to make their open access information easily available without members of the public having to ask for it. This requirement for proactive release is one of the major reforms of the GIPA Act.
Our publication guide provides information about who we are, what we do, and the information we make publicly available. Please click on the link to access our Publication guide.
If you are seeking information about our office, and it is not listed in our publication guide or on our website, the first step is to call or email us. Ask to speak with one of our Right to Information Officers, and they will advise you whether the information you want can be provided with or without an application under the GIPA Act.
If we cannot provide the information you want informally, you will be advised to make a formal application under the GIPA Act. Click on the link below to access guidance material, prepared by the Information Commissioner, aimed at talking your rights under the new Act.
NSW Information Commissioner – guidance material for the public.
What information is not available from the Ombudsman?
Our office handles a great deal of sensitive information. For this reason, the Ombudsman Act contains detailed secrecy provisions.
In January 1991 the Ombudsman’s office was included in Schedule 2 of the FOI Act, which provides that documents about our investigative, complaint handling and reporting functions are exempt from the operation of the FOI Act. A similar provision was included within schedule 2 of the GIPA Act, which lists the excluded categories of information for certain agencies.
If we receive an application under the GIPA Act for these types of information we will make a determination whether access can be given to these documents, which may result in us determining that the documents are excluded from the GIPA Act by virtue of Schedule 2. This will mean that such an application is not a valid access application.
Information about applications made before 1 July 2010
The system around accessing government information has changed a great deal since 1 July 2010. Our office no longer performs complaint handling or external review functions in relation to applications, with this role passing to the newly created Office of the Information Commissioner. The Information Commissioner’s website is www.oic.nsw.gov.au, and their contact number is 1800 463 626.
If you made an application for documents before 1 July 2010, your application will be dealt with under the Freedom of Information Act 1989. Follow the link below for information around our complaint handling and external review roles for these applications.
What you can complain to us about – Freedom of Information
