the gipa and giic acts

Government Information (Public Access) Act 2009 (NSW)

The Government Information (Public Access) Act 2009 (NSW) (GIPA Act) establishes a freer, more open approach to gaining access to government information in NSW. The objects of the GIPA Act are to maintain and advance a system of responsible and representative democratic Government that is open, accountable, fair and effective, 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 applies to all NSW government departments, and also extends to Ministers and their staff, local councils, state owned corporations, courts in their non-judicial functions, and to certain public authorities such as universities.

The guiding principle of the GIPA Act is the public interest – it is a 'push' model, with a general presumption that disclosure of information is in the public interest, unless a strong case to the contrary can be demonstrated. Under the GIPA Act, it is compulsory for agencies to disclose information about their structure, functions and policies, and the proactive and informal disclosure of other information is promoted and encouraged.

Formal access applications should only need to be lodged as a last resort. Where formal applications are required, the Act sets out the process that applicants and agencies need to follow, as well as the options for review of access decisions.

Government Information (Public Access) Regulation 2009

Briefly, the Government Information (Public Access) Regulation 2009:

  • prescribes additional open access information that Ministers, departments and statutory bodies must make publicly available
  • sets out the information regarding formal access applications that agencies must include in their annual reports
  • in the case of an access application relating to a school, extends the period in which the application must be decided if the usual 20-day period for deciding the application occurs during the school holidays
  • specifies the corresponding FOI laws of other Australian jurisdictions under which information may be exempt, as this is a relevant public interest consideration against disclosure under section 14
  • declares certain bodies to be public authorities for the purpose of the GIPA Act
  • declares certain entities to be sub-agencies and parent agencies for the purpose of access applications
  • provides that records held by the Audit Office or the Ombudsman’s Office that were originally created or received by another agency are taken to be held by that other agency.

Government Information (Information Commissioner) Act 2009 (NSW)

The Government Information (Information Commissioner) Act 2009 (NSW) (GIIC Act) establishes the procedures for appointing the Information Commissioner, and sets out the Commissioner’s powers and functions. It prescribes a basis for people to complain about the conduct of agencies when exercising their functions under the GIPA Act, and the way in which the Information Commissioner may deal with the complaint.

The GIIC Act also enables the Information Commissioner to investigate and report on how agencies carry out their functions under the GIPA Act.