The Government Information (Public Access) Act 2009 (the GIPA Act) provides a proactive, open approach to gaining access to government information in NSW.
The GIPA Act:
- authorises and encourages the proactive release of information by NSW public sector agencies
- gives members of the public a legally enforceable right to access government information
- ensures that access to government information is restricted only when there is an overriding public interest against releasing that information.
The GIPA Act applies to all NSW government agencies, and this includes NSW Health and Northern NSW Local Health District.
The guiding principle of the GIPA Act is public interest. It is generally presumed that all government agencies will disclose or release information, unless there is an overriding public interest against doing so.
Ways to access government information
The Right to Information system in NSW aims to foster responsible and representative government that is open, accountable, fair and effective.
Under the Government Information (Public Access) Act 2009 (the GIPA Act) there are four ways that government information will be released:
Mandatory release
State and local Government agencies are required to publish specific open access information on their website, free of charge. For example, this could include a register of government contracts, policies, media releases and annual reports.
Proactive release
State and local Government agencies are encouraged to make as much other information as possible publicly available in an appropriate manner, including on the internet. The information should be available free of charge or at the lowest reasonable cost. For example, frequently requested information or information of public interest may be readily available.
Informal release
State and local Government agencies are authorised to release other information in response to an informal request, subject to any reasonable conditions an agency imposes. For example, such information could include requests for personal information by the individual concerned..
Formal release
State and local Government agencies may release information in response to a formal access application. This involves making a written application and paying a fee.