Government Information (Public Access) Act 2009
On 1 July, the Government Information (Public Access) Act 2009 (NSW) replaced the Freedom of Information Act 1989 (NSW). The new system is focussed on making government information more readily available.
Under the new Government information laws, there are four ways in which you can access information.
- Mandatory release: We will disclose certain information on our website, free of charge. This includes our policy documents, current publication guide, disclosure log and register of government contracts.
- Proactive release: In addition to the information contained on our website, we will also release as much government information as possible, in an appropriate way and free of charge (or at the lowest reasonable cost).
- Informal request: You can request specific information be released. You will not need to make a formal application, unless it is determined one is required.
- Formal application: In limited circumstances you will need to lodge a formal request to access some types of information. You have a right to access information in this way unless the GIPA Act provides a reason to withhold the information.
How do I access information?
There are a number of ways you can access information:
· contact us on 02 8223 6600 or 1800 550 027
· email gipa@ddb.nsw.gov.au
· look around this website
· review the publication guide (available soon)
· look through the disclosure log
· make a formal application under the GIPA Act – to do this, you will need an application form. Please contact us and ask to speak to the Right To Information Officer to obtain an application form.
Exemptions
There are only limited and specific interests against disclosure that an agency can take into account. These are:
- law enforcement and security
- individual rights, judicial processes and natural justice
- responsible and effective government
- business interests
- environment, culture, economy and other matters
- secrecy and exemption provisions in other laws
Disclosure log
The DDB’s disclosure log will provide details of information that has been released in response to non-personal right to information requests since the Act commenced on 1 July 2010. It will give a description of the information released and, where possible, a link to the relevant documents. The disclosure log will be updated regularly. There are currently no documents in the disclosure log.
Publication Guide
The Publication Guide is a document that outlines the structure and functions of an agency, and highlights those functions (ie policies) that might affect members of the public. The DDB’s Publication Guide will be available soon.
Register of Contracts
Division 5 Part 3 of the GIPA Act sets out information about an agency’s responsibility to publish contracts worth $150,000 or more on their website. The DDB does not have any current contracts worth $150,000 or more.
Informal Applications
The DDB, like all Government agencies, is encouraged to release information to the public in an informal manner where possible.
You are encouraged to search the DDB website for any information you may require, and if you cannot find it, then contact a Right To Information Officer on 8223 6000 or by emailing
gipa@ddb.nsw.gov.au
Formal Applications
In some circumstances, like requesting personal or business information not publically available, you will be required to make a formal application to the DDB. Formal applications must be made on an application form. Please telephone (02) 8223 6600 or 1800 550 027 or email gipa@ddb.nsw.gov.au for a copy.
Application Forms
Please complete the attached application form to apply for formal access to government information under the Government Information (Public Access) Act 2009 (GIPA Act).
Fees
The DDB’s policy regarding fees is that there is no requirement to submit an application fee to apply for access to information. There may be an application fee of $30 pending the nature of your enquiry ie repetitive or time-consuming requests. Should it be determined that your application will attract this fee, you will be contacted by a Right To Information Officer to organise payment via cheque or money order.
Processing Time
The GIPA Act sets a limit of 20 working days from the receipt of the application until it must be determined. This can be extended by 10 workings days (to a maximum accumulation of 15 days) for consultation or archived records.
NSW Privacy Act
The Privacy and Personal Information Protection Act 1998 ( Privacy Act), contains a number of provisions regarding the collection and use of personal information and the rights of individuals to access and amend, if necessary, their personal information held by NSW government agencies, including the DDB.
Contact
For further information about GIPA in the DDB, contact a Right To Information Officer on 8223 6600 or 1800 550 027 or
e-mail gipa@ddb.nsw.gov.au.