NSW GIPA
The NSW regime, structured around four ways information is released: mandatory, proactive, informal, and by formal access application.
At a glance
| Act | Government Information (Public Access) Act 2009 (NSW) |
|---|---|
| Regulator | Information and Privacy Commission NSW |
| Application fee | Application fee applies; processing charges beyond an initial period |
| Statutory response period | 20 days |
| Internal review | Available on application to the agency |
| External review | Information Commissioner review, then NCAT |
General description of the regime only. It is not legal advice, and time limits and fees change — check the Act and the regulator before relying on anything here.
GIPA is unusual and worth understanding properly, because it does not treat access as beginning with a request. It imposes a positive duty to make certain information publicly available, and encourages proactive and informal release before a formal application is ever needed.
For this register that changes the character of a gap. Where a NSW body holds information falling within the open access requirements and has not published it, the entry is not merely recording that nobody has asked -- it is recording a failure to do something the Act requires. Those are the strongest entries in the register and are worth marking clearly.
Note the response period is counted in working days, which is a materially different thing from the Commonwealth's calendar days. Comparing the two regimes without adjusting for that is a common and misleading error.
Sources
- Government Information (Public Access) Act 2009 (NSW)
