GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SCHEDULE 2

GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SCHEDULE 2

SCHEDULE 2 – Excluded information of particular agencies

Note : Information that relates to a function specified in this Schedule in relation to an agency specified in this Schedule is
"excluded information" of the agency. Under Schedule 1 it is to be conclusively presumed that there is an overriding public interest against disclosure of excluded information of an agency (unless the agency consents to disclosure). Section 43 prevents an access application from being made to an agency for excluded information of the agency.

1 Judicial and prosecutorial information

A court--judicial functions.

The office of Director of Public Prosecutions--prosecuting functions.

2 Complaints handling and investigative information

The office of Auditor-General--investigative, audit and reporting functions.

the NSW Independent Casino Commission--audit, investigative, reporting and prosecuting functions

the NSW Independent Liquor and Gaming Authority--audit, investigative, reporting and prosecuting functions

The Independent Commission Against Corruption--corruption prevention, complaint handling, investigative and reporting functions.

The office of Inspector of the Independent Commission Against Corruption--operational auditing, complaint handling, investigative and reporting functions.

The Judicial Commission of New South Wales (including the Conduct Division)--complaint handling, investigative and reporting functions.

The office of Ombudsman--complaint handling, investigative and reporting functions (including any functions of the Ombudsman under the Community Services (Complaints, Reviews and Monitoring) Act 1993 ).

The office of Information Commissioner--review, complaint handling, investigative and reporting functions.

The office of Legal Services Commissioner--complaint handling, investigative, review and reporting functions.

The Health Care Complaints Commission--complaint handling, investigative, complaints resolution and reporting functions (including any functions exercised by the Health Conciliation Registry and any function concerning the provision of information to a registration authority or a professional council (within the meaning of the Health Care Complaints Act 1993 ) relating to a particular complaint).

The Child Death Review Team--all functions.

The Law Enforcement Conduct Commission--corruption prevention, handling of misconduct matters (within the meaning of the Law Enforcement Conduct Commission Act 2016 ), investigative and reporting functions.

The office of Inspector of the Law Enforcement Conduct Commission--operational auditing, handling of misconduct matters (within the meaning of the Law Enforcement Conduct Commission Act 2016 ), investigative and reporting functions.

The office of Privacy Commissioner--review, complaint handling, investigative and reporting functions.

The New South Wales Crime Commission--investigative and reporting functions.

The President of the Anti-Discrimination Board--complaint handling, investigative and reporting functions in relation to a complaint that is in the course of being dealt with by the President.

The Office of Local Government (including the Chief Executive and other Departmental representatives)--complaint handling and investigative functions conferred by or under any Act on that Department.

The Domestic Violence Death Review Team--all functions.

The office of the Inspector of Custodial Services--operational auditing, review, inspection, investigative and reporting functions.

The office of Small Business Commissioner--complaint handling, dispute resolution, investigative and reporting functions.

The office of the Public Service Commissioner--inquiry functions of the Commissioner under section 83 of the Government Sector Employment Act 2013 (or under section 82 of that Act if the Commissioner is directed to conduct a special inquiry).

The office of Ageing and Disability Commissioner--report handling, investigative and reporting functions (including any functions of the Commissioner relating to Official Community Visitors appointed under the Ageing and Disability Commissioner Act 2019 ).

The Office of the Children's Guardian--reportable conduct matters under Part 4 of the Children's Guardian Act 2019 (including report handling, investigative and reporting functions, and any functions of the Children's Guardian relating to Official Community Visitors appointed under the Children's Guardian Act 2019 ).

3 Competitive and market sensitive information

The Treasury Corporation--borrowing, investment and liability and asset management functions.

The SAS Trustee Corporation--investment functions.

Any body or office that exercises functions under the National Electricity (NSW) Law (including functions under the National Electricity Code referred to in that Law) on behalf of National Electricity Market Management Company Limited (ACN 072 010 327) (NEMMCO) or any successor to NEMMCO--those functions.

The Corporation constituted under the Superannuation Administration Authority Corporatisation Act 1999 --functions exercised in the provision of superannuation scheme administration services, and related services, in respect of any superannuation scheme that is not a State public sector superannuation scheme.

The Workers Compensation Nominal Insurer established under the Workers Compensation Act 1987 --functions relating to the issuing of policies of insurance to employers and the calculation of premiums (but only in relation to individual employers), the management of specific claims and to asset and funds management and investment.

4 Other information

The NSW Trustee and Guardian--functions exercised in the NSW Trustee and Guardian's capacity as executor, administrator or trustee.

The Department of Education--functions relating to the storing of, reporting on or analysis of information with respect to the ranking or assessment of students who have completed the Higher School Certificate for entrance into tertiary institutions.

Universities--functions relating to dealing with information with respect to the ranking or assessment of students who have completed the Higher School Certificate for entrance into tertiary institutions.

The New South Wales Electoral Commission--complaint handling, audit, reporting, investigative and prosecuting functions.

The Commissioner of Victims Rights--functions relating to dealing with confidential information concerning victims contained in applications for victims support under the Victims Rights and Support Act 2013 and functions relating to dealing with confidential information concerning victims contained in the Victims Register established under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 .

An agency exercising functions in relation to the provision of information to the Australian Security Intelligence Organisation--functions relating to the handling of requests for information from, or the provision of information to, the Australian Security Intelligence Organisation.

The Ministry of Health--functions relating to an inquiry under section 122(1)(c) or 123 of the Health Services Act 1997 . However, the excluded information of the Ministry of Health does not include a final report of an inquiry.