New South Wales Consolidated Acts

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GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009

- As at 1 July 2017
- Act 52 of 2009

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of Act
   4.      Interpretation

   PART 2 - OPEN GOVERNMENT INFORMATION-GENERAL PRINCIPLES

           Division 1 - Ways of accessing government information

   5.      Presumption in favour of disclosure of government information
   6.      Mandatory proactive release of certain government information
   7.      Authorised proactive release of government information
   8.      Informal release of government information
   9.      Access applications
   10.     Disclosure and access under other laws
   11.     Act overrides secrecy provisions in other legislation

           Division 2 - Public interest considerations

   12.     Public interest considerations in favour of disclosure
   13.     Public interest test
   14.     Public interest considerations against disclosure
   15.     Principles that apply to public interest determination

           Division 3 - Assistance and oversight

   16.     Agencies to provide advice and assistance
   17.     Role of Information Commissioner

   PART 3 - OPEN ACCESS INFORMATION

           Division 1 - Preliminary

   18.     What constitutes open access information
   19.     Excluded functions of particular agencies

           Division 2 - Agency information guides

   20.     Agencies must have agency information guide
   21.     Adoption and review of agency information guide
   22.     Role of Information Commissioner

           Division 3 - Policy documents

   23.     What constitutes an agency’s policy documents
   24.     Effect of policy documents not being publicly available

           Division 4 - Disclosure log of access applications

   25.     Requirement for disclosure log
   26.     Required information about access applications

           Division 5 - Government contracts with private sector

   27.     Register of government contracts valued at $150,000 or more
   28.     Value of contract
   29.     Information to be entered in register-class 1 contracts
   30.     Additional information for class 2 contracts
   31.     Register to include copy of class 3 contract
   32.     Confidential information not required to be included in register
   33.     Variations to contracts
   34.     Minimum public access period for information on register
   35.     Register to be published on Government tenders website
   36.     Disputes
   37.     Agency obligation to find information
   38.     Exception for industry support contracts
   39.     Exception for SOCs-competitive neutrality
   40.     Exception for Landcom-contracts for sale of land
           Note

   PART 4 - ACCESS APPLICATIONS

           Division 1 - Making an access application

   41.     How to make an access application
   42.     Inclusion of additional information in applications
   43.     Access application cannot be made for excluded information

           Division 2 - Transfer, amendment or withdrawal of access applications

   44.     Ways in which applications can be transferred
   45.     Agency-initiated transfer
   46.     Applicant-initiated transfer
   47.     Notice of transfer of application
   48.     Effect of transfer of application
   49.     Amendment of application
   50.     Withdrawal of application

           Division 3 - Process for dealing with access applications

   51.     Initial decision as to validity of application
   51A.    Effect of waiver, reduction or refund of application fee
   52.     Agency assistance with invalid applications
   53.     Searches for information held by agency
   54.     Consultation on public interest considerations
   55.     Consideration of personal factors of application
   56.     Authorised objector can object to inclusion in disclosure log

           Division 4 - Deciding access applications

   57.     Required period for deciding application
   58.     How applications are decided
   59.     Decision that information already available to applicant
   60.     Decision to refuse to deal with application
   61.     Notice of decision to refuse to provide access
   62.     Notice of processing charges
   63.     Deemed refusal if application not decided within time

           Division 5 - Processing charges and advance deposits

   64.     Processing charge for dealing with access application
   65.     Discounted processing charge-financial hardship
   66.     Discounted processing charge-special public benefit
   67.     Waiver of processing charge for personal information application
   68.     Advance deposit for payment of processing charge
   69.     Maximum advance deposit
   70.     Result of failing to pay advance deposit
   71.     Refund of advance deposit

           Division 6 - How access is provided

   72.     Forms of access
   73.     Access to be unconditional
   74.     Deletion of information from copy of record to be accessed
   75.     Providing access by creating new record
   76.     Providing access to information not applied for
   77.     Period within which access rights must be exercised
   78.     Deferral of access
   79.     Provision of information subject to subpoena

   PART 5 - REVIEW OF DECISIONS

           Division 1 - Reviewable decisions

   80.     Which decisions are reviewable decisions
   81.     Extended review period where more than one decision made

           Division 2 - Internal review by agency

   82.     Right of internal review
   83.     Time within which internal review can be applied for
   84.     Conduct of internal review
   85.     Fee for internal review
   86.     Required period for determination of internal review
   87.     No processing charges for internal review
   88.     No internal review of decision on internal review

           Division 3 - Review by Information Commissioner

   89.     Right to have decision reviewed by Information Commissioner
   90.     Time limit for applying for review by Information Commissioner
   91.     Disclosure of public interest information
   92.     Recommendations on review
   93.     Recommendation for reconsideration of matter by agency
   94.     Recommendation as to public interest against disclosure
   95.     Recommendation as to general procedure of agency
   96.     Information Commissioner may refuse to review decision
   97.     Onus on agency to justify decisions
   98.     No review of decisions administratively reviewed by NCAT
   99.     Referral of agency decision to NCAT

           Division 4 - Administrative review by Civil and Administrative Tribunal

   100.    Administrative review of decision by NCAT
   101.    Time for applying for NCAT administrative review
   102.    No internal review under ADR Act
   103.    Operation of other ADR Act provisions
   104.    Right of appearance before NCAT
   105.    Onus on agency to justify decisions
   106.    Decisions about Cabinet and Executive Council information
   107.    Procedure for dealing with public interest considerations
   108.    Delayed decisions
   109.    NCAT may refuse to review decision
   110.    Orders to restrain making of unmeritorious access applications
   111.    Referral of systemic issues to Information Commissioner
   112.    Report on improper conduct
   112A.   Relationship of Division with ADR Act and NCAT Act

   PART 6 - PROTECTIONS AND OFFENCES

           Division 1 - Protections

   113.    Protection in respect of actions for defamation or breach of confidence
   114.    Protection in respect of certain criminal actions
   115.    Personal liability

           Division 2 - Offences

   116.    Offence of acting unlawfully
   117.    Offence of directing unlawful action
   118.    Offence of improperly influencing decision on access application
   119.    Offence of unlawful access
   120.    Offence of concealing or destroying government information

   PART 7 - MISCELLANEOUS

   121.    Provision of information by private sector contractors
   122.    Act binds the Crown
   123.    State Records Act not affected
   124.    Powers of Ombudsman
   125.    Reports to Parliament
   126.    Requirements for notices given by agencies
   127.    Waiver, reduction or refund of fees and charges
   128.    Nature of proceedings for offences
   129.    Regulations
   130.    Review of Act
   131.    Review of public interest provisions by Joint Committee
   132.    Government Information (Public Access) Regulation 2009
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           Schedule 5 (Repealed)


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