{"id":"nsw:act-2009-053","name":"Government Information (Information Commissioner) Act 2009","slug":"government-information-information-commissioner-act-2009","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"53 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":57457,"registerId":"nsw-act-2009-053-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Government Information (Information Commissioner) Act 2009](/view/html/inforce/current/act-2009-053).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > agency has the same meaning as in the GIPA Act.\n> > \n> > Commissioner means the Information Commissioner appointed under this Act.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > GIPA Act means the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> > \n> > Information Act means the GIPA Act and any other Act that is declared by the regulations to be an Information Act for the purposes of this Act.\n> > \n> > Joint Committee means the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission constituted under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) or such other joint committee of members of Parliament as may be appointed to exercise the functions of the Joint Committee under this Act.\n> > \n> > person has the same meaning as in the GIPA Act.\n> > \n> > Privacy Commissioner means the Privacy Commissioner under the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2010 No 71, Sch 2 \\[1\\]; 2016 No 61, Sch 6.21 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Appointment of Information Commissioner","content":"# Part 2 Appointment of Information Commissioner\n\nPart 2 Appointment of Information Commissioner","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Appointment of Information Commissioner","content":"#### 4 Appointment of Information Commissioner\n\n4 Appointment of Information Commissioner\n\n> > (1) The Governor may appoint an Information Commissioner.\n> \n> > (2) The Commissioner holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.\n> \n> > (3) A person is not eligible to be appointed for more than 2 terms of office as Commissioner (whether or not consecutive terms).\n> \n> > (3A) A person is not eligible to be appointed as Information Commissioner or to act in that office if the person is the Privacy Commissioner.\n> \n> > (4) A person is not eligible to be appointed as Commissioner or to act in that office if the person is a member of the Legislative Council or of the Legislative Assembly or is a member of a House of Parliament or legislature of another State or Territory or of the Commonwealth.\n> \n> > (5) The office of Commissioner is a full-time office and the holder of the office is required to hold it on that basis, except to the extent permitted by the Governor.\n> \n> **s 4:** Am 2010 No 71, Sch 2 \\[2\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Veto of proposed appointment of Commissioner","content":"#### 5 Veto of proposed appointment of Commissioner\n\n5 Veto of proposed appointment of Commissioner\n\n> > (1) A person is not to be appointed as Commissioner until—\n> > \n> > > (a) a proposal that the person be so appointed has been referred to the Joint Committee under section 31BA of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), and\n> > \n> > > (b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment.\n> \n> > (2) A person may be proposed for appointment on more than one occasion.\n> \n> > (3) In this section, appointment includes re-appointment.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Remuneration","content":"#### 6 Remuneration\n\n6 Remuneration\n\n> > (1) The Commissioner is entitled to be paid—\n> > \n> > > (a) remuneration in accordance with the [Statutory and Other Offices Remuneration Act 1975](/view/html/inforce/current/act-1976-004), and\n> > \n> > > (b) such travelling and subsistence allowances as the Minister may from time to time determine.\n> \n> > (2) The Commissioner is not, if a Judge of a New South Wales Court and while receiving remuneration as such a Judge, entitled to remuneration under this Act.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Vacancy in office","content":"#### 7 Vacancy in office\n\n7 Vacancy in office\n\n> The office of Commissioner becomes vacant if the holder—\n> \n> > (a) dies, or\n> \n> > (b) completes a term of office and is not re-appointed, or\n> \n> > (c) resigns the office by instrument in writing addressed to the Governor, or\n> \n> > (d) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or\n> \n> > (e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or\n> \n> > (f) becomes a mentally incapacitated person, or\n> \n> > (g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or\n> \n> > (h) is removed from office under section 8.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Removal from office","content":"#### 8 Removal from office\n\n8 Removal from office\n\n> > (1) The Governor may remove the Commissioner from office on the address of both Houses of Parliament.\n> \n> > (2) The Governor may suspend the Commissioner from office—\n> > \n> > > (a) for misbehaviour, or\n> > \n> > > (b) for incapacity, or\n> > \n> > > (c) if the Commissioner is absent from duty for a period in excess of his or her leave entitlement as approved by the Governor unless the absence is caused by illness or other unavoidable cause.\n> \n> > (3) The Minister is to lay or cause to be laid before each House of Parliament, within 7 sitting days of that House after the Commissioner has been suspended from office, a full statement of the grounds for the suspension.\n> \n> > (4) The suspension is to be lifted unless each House of Parliament, within 21 sitting days from the time when the statement was laid before it, declares by resolution that the Commissioner ought to be removed from office.\n> \n> > (5) If each House does so declare within that period, the Commissioner is to be removed from office by the Governor.\n> \n> > (6) For the purposes of this section, sitting days are to be counted whether or not they occur in the same session.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Filling of vacancy","content":"#### 9 Filling of vacancy\n\n9 Filling of vacancy\n\n> If the office of Commissioner becomes vacant, a person is, subject to this Act, to be appointed to fill the vacancy.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Commissioner not Public Service employee","content":"#### 10 Commissioner not Public Service employee\n\n10 Commissioner not Public Service employee\n\n> The office of Commissioner is a statutory office and the provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to that office.\n> \n> **s 10:** Subst 2014 No 33, Sch 3.7 \\[1\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Appointment of acting Commissioner","content":"#### 11 Appointment of acting Commissioner\n\n11 Appointment of acting Commissioner\n\n> > (1) The Minister may, from time to time, appoint a person to act in the office of the Commissioner during the illness or absence of the Commissioner or during a vacancy in the office of the Commissioner. The person, while so acting, has all the functions of the Commissioner and is taken to be the Commissioner (including as Chairperson of the Information and Privacy Advisory Committee under the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133)).\n> \n> > (2) The Minister may, at any time, remove a person from office as acting Commissioner.\n> \n> > (3) An acting Commissioner is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine.\n> \n> **s 11:** Am 2010 No 71, Sch 2 \\[3\\].","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Staff of Commissioner","content":"#### 12 Staff of Commissioner\n\n12 Staff of Commissioner\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Commissioner to exercise his or her functions.\n> \n> Note—\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Commissioner makes use of) may be referred to as officers or employees, or members of staff, of the Commissioner. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Commissioner from employing staff.\n> \n> **s 12:** Subst 2014 No 33, Sch 3.7 \\[2\\].","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Delegation","content":"#### 13 Delegation\n\n13 Delegation\n\n> The Commissioner may delegate the exercise of any function of the Commissioner (other than this power of delegation) to—\n> \n> > (a) any member of staff of the Commissioner, or\n> \n> > (b) any person, or any class of persons, authorised for the purposes of this section by the regulations.","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Commissioner","content":"# Part 3 Functions of Commissioner\n\nPart 3 Functions of Commissioner","sortOrder":15},{"sectionNumber":"Division 1","sectionType":"division","heading":"General functions of Commissioner","content":"## Division 1 General functions of Commissioner\n\nDivision 1 General functions of Commissioner","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"General functions","content":"#### 14 General functions\n\n14 General functions\n\n> The Commissioner has such functions as may be conferred or imposed on the Commissioner by or under this or any other Act.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"General procedures of Commissioner","content":"#### 15 General procedures of Commissioner\n\n15 General procedures of Commissioner\n\n> The Commissioner—\n> \n> > (a) is to act in an informal manner (including avoiding conducting formal hearings) as far as possible, and\n> \n> > (b) is to act according to the substantial merits of the case without undue regard to technicalities, and\n> \n> > (c) may determine the procedures to be followed in exercising the Commissioner’s functions under this Act, including the procedures to be followed at an inquiry or investigation conducted by the Commissioner, and\n> \n> > (d) is not bound by the rules of evidence and may inform himself or herself on any matter in any way that the Commissioner considers to be just.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Expert assistance","content":"#### 16 Expert assistance\n\n16 Expert assistance\n\n> For the purposes of the exercise of any of the Commissioner’s functions, the Commissioner may engage the services of any person for the purpose of getting expert assistance.","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Complaints","content":"## Division 2 Complaints\n\nDivision 2 Complaints","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Making of complaint","content":"#### 17 Making of complaint\n\n17 Making of complaint\n\n> Any person may complain to the Commissioner about the conduct (including action or inaction) of an agency in the exercise of functions under an Information Act, including conduct that is alleged by the person to constitute a contravention of an Information Act.\n> \n> Note—\n> \n> A decision of an agency that is reviewable under the GIPA Act cannot be the subject of a complaint to the Commissioner (even if the person is out of time to apply for review of the decision). See section 89 (4) of the GIPA Act.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Decision to deal with complaint","content":"#### 18 Decision to deal with complaint\n\n18 Decision to deal with complaint\n\n> > (1) The Commissioner may decide to deal with a complaint or to decline to deal with a complaint.\n> \n> > (2) The Commissioner may make preliminary inquiries for the purposes of deciding how to deal with a complaint and may request further information from the complainant.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"How complaints are dealt with","content":"#### 19 How complaints are dealt with\n\n19 How complaints are dealt with\n\n> > (1) The Commissioner deals with a complaint by taking appropriate measures to assist in the resolution of the complaint, including (but not limited to) any of the following measures—\n> > \n> > > (a) providing information to the parties to the complaint,\n> > \n> > > (b) undertaking discussions concerning the complaint with the parties to the complaint,\n> > \n> > > (c) facilitating the direct resolution of the complaint by the parties to the complaint (including by conciliation or other informal process).\n> \n> > (2) The Commissioner can also deal with a complaint by investigating the complaint under Division 3.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Notice to complainant","content":"#### 20 Notice to complainant\n\n20 Notice to complainant\n\n> The Commissioner must give notice to the complainant of the Commissioner’s decision on whether to deal with the complaint and (if the Commissioner decides to deal with the complaint) how the complaint is to be dealt with.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Investigations","content":"## Division 3 Investigations\n\nDivision 3 Investigations","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Investigation of agency systems, policies and practices","content":"#### 21 Investigation of agency systems, policies and practices\n\n21 Investigation of agency systems, policies and practices\n\n> > (1) The Commissioner may investigate and report on the exercise of any functions of one or more agencies under an Information Act, including the systems, policies and practices of agencies (or of agencies generally) that relate to functions of agencies under an Information Act.\n> \n> > (2) The Commissioner is to give a report under this section—\n> > \n> > > (a) to the Minister responsible for any agency to which the report relates, and\n> > \n> > > (b) to the principal officer of an agency that is the subject of the report.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Investigation of complaints","content":"#### 22 Investigation of complaints\n\n22 Investigation of complaints\n\n> > (1) If the Commissioner decides to investigate a complaint, the Commissioner must give notice to the complainant of the decision to investigate and must give notice to an agency of the Commissioner’s decision to investigate a complaint about the agency.\n> \n> > (2) The Commissioner may discontinue an investigation of a complaint at any time and is to give notice of the discontinuation of an investigation to the complainant and the agency concerned.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Procedure for investigations","content":"#### 23 Procedure for investigations\n\n23 Procedure for investigations\n\n> > (1) An investigation under this Act is to be made in the absence of the public.\n> \n> > (2) In an investigation under this Act, the Commissioner must give an opportunity to make submissions on the matter the subject of the investigation—\n> > \n> > > (a) if practicable, to the agency whose conduct is the subject of investigation, and\n> > \n> > > (b) in the case of an investigation of a complaint—to the complainant.\n> \n> > (3) Where, in an investigation under this Act, the Commissioner considers that there are grounds for adverse comment in respect of any person, the Commissioner, before making any such comment in any report, must, in so far as it is practicable to do so—\n> > \n> > > (a) inform that person of the substance of the grounds of the adverse comment, and\n> > \n> > > (b) give the person an opportunity to make submissions.\n> \n> > (4) Before publishing a report on an investigation that makes an adverse comment in respect of an agency, the Commissioner must inform the Minister responsible for the agency that the Commissioner proposes to publish such a report and must, at the request of that Minister, consult the Minister.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Report on compliance with Information Act","content":"#### 24 Report on compliance with Information Act\n\n24 Report on compliance with Information Act\n\n> > (1) Where, in an investigation under this Act, the Commissioner finds that any conduct of an agency the subject of the investigation is conduct that constitutes a failure to exercise its functions properly in accordance with any provision of an Information Act, the Commissioner must report the matter—\n> > \n> > > (a) to the Minister responsible for the agency, and\n> > \n> > > (b) to the principal officer of the agency, and\n> > \n> > > (c) where the conduct concerns the conduct of a Public Service employee, to the Secretary of the Premier’s Department.\n> \n> > (2) The Commissioner may give a copy of the report—\n> > \n> > > (a) where the investigation arises out of a complaint to the Commissioner, to the complainant, and\n> > \n> > > (b) to the agency to whose conduct the report relates.\n> \n> > (3) An agency to whose conduct the report relates who is given a copy of the report may, and on request by the Commissioner must, notify the Commissioner of any action taken or proposed in consequence of the report.\n> \n> **s 24:** Am 2014 No 33, Sch 3.7 \\[3\\]; 2023 No 35, Sch 4.12\\[1\\].","sortOrder":29},{"sectionNumber":"Division 4","sectionType":"division","heading":"Powers of Commissioner","content":"## Division 4 Powers of Commissioner\n\nDivision 4 Powers of Commissioner","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Agencies to give information etc","content":"#### 25 Agencies to give information etc\n\n25 Agencies to give information etc\n\n> > (1) For the purposes of or in connection with the exercise of any function of the Commissioner, the Commissioner may require an agency—\n> > \n> > > (a) to give the Commissioner a statement of information, or\n> > \n> > > (b) to produce to the Commissioner any record or other thing, or\n> > \n> > > (c) to give the Commissioner a copy of any record.\n> \n> > (2) A requirement under this section must be in writing, must specify or describe the information, record or thing required, and must fix a time and specify a place for compliance.\n> \n> > (3) The disclosure of information by an agency in compliance with a requirement imposed by or under this or any other Act does not constitute the waiver of any privilege of the agency against disclosure of the information.","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Entry of premises","content":"#### 26 Entry of premises\n\n26 Entry of premises\n\n> For the purposes of any investigation under this Act, the Commissioner may, at any time—\n> \n> > (a) enter and inspect any premises occupied or used by an agency, and\n> \n> > (b) inspect any record or thing in or on the premises.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Limits on coercive powers because of privilege etc","content":"#### 27 Limits on coercive powers because of privilege etc\n\n27 Limits on coercive powers because of privilege etc\n\n> > (1) The Commissioner must not exercise a coercive entry power and must set aside any requirement imposed under a coercive investigative power if it appears to the Commissioner that any person has a ground of privilege, whereby, in proceedings in a court of law, the person might resist a like requirement or the exercise of a like power, unless—\n> > \n> > > (a) the privilege is a privilege of an agency, or\n> > \n> > > (b) it appears to the Commissioner that the person has waived the privilege.\n> \n> > (2) However, the Commissioner may exercise a coercive entry or investigative power despite (and is not required to set aside any requirement imposed under a coercive investigative power merely because of)—\n> > \n> > > (a) any rule of law that, in proceedings in a court of law, might justify an objection to compliance with a like requirement or the exercise of a like power on grounds of public interest, or\n> > \n> > > (b) any duty of secrecy or other restriction on disclosure applying to an agency.\n> \n> > (3) In this section—\n> > \n> > coercive entry power means a power to inspect any premises or any record or thing on premises.\n> > \n> > coercive investigative power means a power to—\n> > \n> > > (a) require any person to give any statement of information, or\n> > \n> > > (b) require any person to produce any record or other thing, or\n> > \n> > > (c) require any person to give a copy of any record, or\n> > \n> > > (d) require any person to answer any question.","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Powers to prevent contravention of Information Act","content":"#### 28 Powers to prevent contravention of Information Act\n\n28 Powers to prevent contravention of Information Act\n\n> > (1) If a person has engaged, is engaged or is proposing to engage in any conduct that constituted, constitutes or would constitute a contravention of any provision of an Information Act, the Supreme Court may, on the application of the Commissioner, grant an injunction restraining the person from engaging in that conduct and, if in the opinion of the Court it is desirable to do so, requiring that person to do any act or thing.\n> \n> > (2) If a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do any act or thing that the person is required to do by or under an Information Act, the Supreme Court may, on the application of the Commissioner, grant an injunction requiring the person to do that act or thing.\n> \n> > (3) If an application is made to the Court for an injunction under subsection (1), the Court may, if in its opinion it is desirable to do so, before considering the application, grant an interim injunction restraining a person from engaging in the conduct concerned pending the determination of the application.\n> \n> > (4) The Court may rescind or vary an injunction granted under this section.\n> \n> > (5) The Commissioner has standing to bring proceedings by way of judicial review in connection with the exercise of the functions of an agency under the GIPA Act.\n> \n> > (6) The Commissioner does not have the function of bringing proceedings for an offence under an Information Act.","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Formal inquiries","content":"#### 29 Formal inquiries\n\n29 Formal inquiries\n\n> > (1) The Commissioner may make or hold inquiries for the purposes of an investigation that the Commissioner conducts under this Act.\n> \n> > (2) For the purposes of any inquiry under this section, the Commissioner has the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029) and that Act (section 13 and Division 2 of Part 2 excepted) applies to any witness summoned by or appearing before the Commissioner in the same way as it applies to a witness summoned by or appearing before a commissioner, but section 11 (2) of that Act is to have effect subject to section 27 (Limits on coercive powers because of privilege etc) of this Act.\n> \n> > (3) A witness appearing before the Commissioner is to be paid such amount as the Commissioner determines, but not exceeding the amount that would be payable to such a witness if he or she were a Crown witness subpoenaed by the Crown to give evidence.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Cabinet proceedings","content":"#### 30 Cabinet proceedings\n\n30 Cabinet proceedings\n\n> > (1) This Act does not enable the Commissioner—\n> > \n> > > (a) to require any person—\n> > > \n> > > > (i) to give any statement of information, or\n> > > \n> > > > (ii) to produce any record or other thing, or\n> > > \n> > > > (iii) to give a copy of any record, or\n> > > \n> > > > (iv) to answer any question,\n> > > \n> > > if compliance with the requirement would disclose information that is Cabinet information, or\n> > \n> > > (b) to inspect any such record or thing.\n> \n> > (2) A certificate of the Secretary or General Counsel of the Cabinet Office that any information, record or thing or the answer to any question comprises, contains or would reveal Cabinet information is conclusive of that fact for the purposes of this section.\n> \n> > (3) In this section—\n> > \n> > Cabinet information means information that is Cabinet information under clause 2 of Schedule 1 to the GIPA Act.\n> \n> **s 30:** Am 2015 No 15, Sch 3.29; 2023 No 35, Sch 4.12\\[2\\].","sortOrder":36},{"sectionNumber":"Division 5","sectionType":"division","heading":"Disclosure of information","content":"## Division 5 Disclosure of information\n\nDivision 5 Disclosure of information","sortOrder":37},{"sectionNumber":"31","sectionType":"section","heading":"Commissioner may furnish information to Ombudsman","content":"#### 31 Commissioner may furnish information to Ombudsman\n\n31 Commissioner may furnish information to Ombudsman\n\n> > (1) The Commissioner may, at any time, furnish to the Ombudsman information obtained by the Commissioner in discharging functions under this or any other Act if the Commissioner is of the opinion that the information relates to conduct of an agency that could be the subject of a complaint under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068).\n> \n> > (2) However, the Commissioner must not disclose information that could not otherwise be disclosed under this Act or could not be obtained by the Ombudsman under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) or any other Act.","sortOrder":38},{"sectionNumber":"31A","sectionType":"section","heading":"Commissioner may furnish information to Children’s Guardian","content":"#### 31A Commissioner may furnish information to Children’s Guardian\n\n31A Commissioner may furnish information to Children’s Guardian\n\n> > (1) The Commissioner may, at any time, furnish to the Children’s Guardian, information obtained by the Commissioner in discharging functions under this or any other Act if the Commissioner is of the opinion that the information relates to the conduct of an agency that could be the subject of a complaint under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> \n> > (2) However, the Commissioner must not disclose information that could not otherwise be disclosed under this Act or could not be obtained by the Children’s Guardian under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025).\n> \n> **s 31A:** Ins 2019 No 25, Sch 5.20.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Commissioner may furnish information to ICAC, DPP and LECC","content":"#### 32 Commissioner may furnish information to ICAC, DPP and LECC\n\n32 Commissioner may furnish information to ICAC, DPP and LECC\n\n> > (1) The Commissioner may, at any time, furnish information obtained by the Commissioner in discharging functions under this or any other Act to the Director of Public Prosecutions, the Independent Commission Against Corruption or the Law Enforcement Conduct Commission.\n> \n> > (2) However, the Commissioner must not disclose information that could not otherwise be disclosed under this Act or could not—\n> > \n> > > (a) in the case of the Director of Public Prosecutions—be obtained by the Director under the [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207) or any other Act, or\n> > \n> > > (b) in the case of the Independent Commission Against Corruption—be obtained by the Commission under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035) or any other Act, or\n> > \n> > > (c) in the case of the Law Enforcement Conduct Commission—be obtained by the Commission under the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061) or any other Act.\n> \n> **s 32:** Am 2016 No 61, Sch 6.21 \\[2\\] \\[3\\].","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Commissioner may furnish information to agency","content":"#### 33 Commissioner may furnish information to agency\n\n33 Commissioner may furnish information to agency\n\n> > (1) The Commissioner may, at any time—\n> > \n> > > (a) furnish to an agency information obtained by the Commissioner in discharging functions under this Act with respect to a complaint against or relating to the agency, and\n> > \n> > > (b) make such comments to the agency with respect to the complaint as the Commissioner thinks fit.\n> \n> > (2) The Commissioner may also furnish any or all of the information referred to in subsection (1) to any other agency, and may make such comments (if any) to that agency as the Commissioner considers appropriate, if—\n> > \n> > > (a) the Commissioner is satisfied that the information concerned is relevant to the functions, policies, procedures or practices of that other agency, and\n> > \n> > > (b) the information does not disclose any personal information (within the meaning of either the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) or the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071)).","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Ombudsman may furnish information to Commissioner","content":"#### 34 Ombudsman may furnish information to Commissioner\n\n34 Ombudsman may furnish information to Commissioner\n\n> > (1) The Ombudsman may at any time furnish to the Commissioner information obtained by the Ombudsman in discharging functions under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) or any other Act if the Ombudsman is of the opinion that the information relates to conduct of an agency that could be the subject of a complaint to the Commissioner under this Act.\n> \n> > (2) However, the Ombudsman must not disclose information that could not otherwise be disclosed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) or could not be obtained by the Commissioner under this or any other Act.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":"Restriction on disclosure of information by Commissioner","content":"#### 35 Restriction on disclosure of information by Commissioner\n\n35 Restriction on disclosure of information by Commissioner\n\n> > (1) The Commissioner must not, in the exercise of functions under this Act, disclose any information for which there is (or for which an agency claims there is) an overriding public interest against disclosure, as provided by the GIPA Act, unless the disclosure is authorised under this Division.\n> \n> > (1A) Despite subsection (1), the Commissioner may, in the exercise of functions under this Act, disclose—\n> > \n> > > (a) identifying information, if the information is disclosed for a reason mentioned in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), section 64(2), or\n> > \n> > > (b) information authorised or required to be disclosed by or under the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014).\n> \n> > (2) Despite section 91 of the GIPA Act, the Commissioner may disclose information to the Privacy Commissioner in the course of consulting with the Privacy Commissioner under section 94 of the GIPA Act before making a recommendation against a decision of an agency that there is an overriding public interest against disclosure of the information.\n> \n> > (3) In this section—\n> > \n> > identifying information has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014), section 64.\n> \n> **s 35:** Am 2012 No 60, Sch 7; 2022 No 14, Sch 8.8\\[1\\] \\[2\\].","sortOrder":43},{"sectionNumber":"Part 4","sectionType":"part","heading":"Reports by Commissioner","content":"# Part 4 Reports by Commissioner\n\nPart 4 Reports by Commissioner","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Annual report","content":"#### 36 Annual report\n\n36 Annual report\n\n> > (1) The Commissioner is, as soon as practicable after 30 June in each year, to prepare a report of the Commissioner’s work and activities for the 12 months preceding that date and is to furnish the report to the Presiding Officer of each House of Parliament.\n> \n> > (2) A copy of the report is to be provided to the Minister.\n> \n> > (2A) The report is to be included as part of the annual reporting information prepared for the Information and Privacy Commission under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> > (3) Division 7.3 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) is, in its application to the annual reporting information prepared for the Information and Privacy Commission, modified as follows—\n> > \n> > > (a) the annual reporting information is to be given to the Presiding Officer of each House of Parliament and not to the responsible Minister for the Information and Privacy Commission,\n> > \n> > > (b) provisions of that Act relating to the giving of annual reporting information to the responsible Minister for a GSF agency and to the public availability of annual reporting information do not apply to the Commissioner or the Information and Privacy Commission.\n> \n> > (4) Section 39 (Procedure for reporting) applies to the annual reporting information for the Information and Privacy Commission as if it were a report made or furnished under this Part.\n> \n> **s 36:** Am 2010 No 71, Sch 2 \\[4\\]–\\[7\\]; 2018 No 70, Sch 4.39\\[1\\] \\[2\\].","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Report on operation of GIPA Act","content":"#### 37 Report on operation of GIPA Act\n\n37 Report on operation of GIPA Act\n\n> > (1) The Commissioner is, as soon as practicable after 30 June in each year, to prepare and publish a report on the operation of the GIPA Act (generally, across all agencies) for the 12 months preceding that date and is to furnish the report to the Presiding Officer of each House of Parliament.\n> \n> > (2) A copy of the report is to be provided to the Minister.","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Special report to Parliament","content":"#### 38 Special report to Parliament\n\n38 Special report to Parliament\n\n> > (1) The Commissioner may, at any time, make a special report on any matter relating to the functions of the Commissioner to the Presiding Officer of each House of Parliament and must also provide the Minister with a copy of the report.\n> \n> > (2) The Commissioner may include in a report under this section a recommendation that the report be made public immediately.","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Procedure for reporting","content":"#### 39 Procedure for reporting\n\n39 Procedure for reporting\n\n> > (1) Tabling A copy of a report made or furnished to the Presiding Officer of a House of Parliament under this Part must be laid before that House on the next sitting day of that House after it is received by the Presiding Officer.\n> \n> > (2) Public reports If a report includes a recommendation by the Commissioner that the report be made public forthwith, the Presiding Officer of a House of Parliament may make it public whether or not that House is in session and whether or not the report has been laid before that House.\n> \n> > (3) Privileges and immunities A report that is made public by the Presiding Officer of a House of Parliament before it is laid before that House attracts the same privileges and immunities as it would if it had been laid before that House.\n> \n> > (4) Report procedures A Presiding Officer need not inquire whether all or any conditions precedent have been satisfied as regards a report purporting to have been made or furnished in accordance with this Act.\n> \n> > (5) Reference to Presiding Officer In this Part, a reference to a Presiding Officer of a House of Parliament is a reference to the President of the Legislative Council or the Speaker of the Legislative Assembly. If there is a vacancy in the office of President, the reference to the President is taken to be a reference to the Clerk of the Legislative Council and, if there is a vacancy in the office of Speaker, the reference to the Speaker is taken to be a reference to the Clerk of the Legislative Assembly.","sortOrder":48},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Ombudsman required to consult","content":"#### 40 Ombudsman required to consult\n\n40 Ombudsman required to consult\n\n> > (1) If the Ombudsman receives a complaint under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) about conduct of an agency that it appears could be the subject of a complaint to the Commissioner under this Act, the Ombudsman is to consult with the Commissioner on the matter.\n> \n> > (2) If the Commissioner decides to deal with the matter as a complaint under this Act—\n> > \n> > > (a) the complaint is (to the extent that it relates to conduct that could be the subject of a complaint under this Act) to be transferred to the Commissioner and dealt with as a complaint made to the Commissioner under this Act, and\n> > \n> > > (b) the Ombudsman is not to investigate the matter (and is to discontinue any investigation already commenced) to the extent that it relates to conduct that could be the subject of a complaint under this Act.","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Commissioner, officer or expert as witness","content":"#### 41 Commissioner, officer or expert as witness\n\n41 Commissioner, officer or expert as witness\n\n> > (1) Neither the Commissioner nor a member of staff of the Commissioner is competent or compellable to give evidence or produce any document in any legal proceedings in respect of any information obtained by the Commissioner or member of staff in the course of the exercise of functions under this or any other Act.\n> \n> > (2) Subsection (1) does not apply to any legal proceedings—\n> > \n> > > (a) under section 27 (Limits on coercive powers because of privilege etc), 42 (Immunity of Commissioner and others) or 43 (Offences), or\n> > \n> > > (b) under Part 3 of the [Royal Commissions Act 1923](/view/html/inforce/current/act-1923-029), or\n> > \n> > > (c) under Part 4 of the [Special Commissions of Inquiry Act 1983](/view/html/inforce/current/act-1983-090).\n> \n> > (3) This section applies to a person whose services are engaged under section 16 in the same way as it applies to a member of staff of the Commissioner.","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Immunity of Commissioner and others","content":"#### 42 Immunity of Commissioner and others\n\n42 Immunity of Commissioner and others\n\n> > (1) Neither the Commissioner nor a member of staff of the Commissioner is liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings in respect of any act, matter or thing done or omitted to be done for the purpose of executing this or any other Act unless the act, matter or thing was done, or omitted to be done, in bad faith.\n> \n> > (2) Civil or criminal proceedings in respect of any act or omission referred to in subsection (1) cannot be brought against the Commissioner or a member of staff of the Commissioner without the leave of the Supreme Court.\n> \n> > (3) The Supreme Court is not to grant leave under subsection (2) unless it is satisfied that there is substantial ground for the contention that the person to be proceeded against has acted, or omitted to act, in bad faith.","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Offences","content":"#### 43 Offences\n\n43 Offences\n\n> > (1) A person must not—\n> > \n> > > (a) without lawful excuse, wilfully obstruct, hinder or resist the Commissioner or a member of staff of the Commissioner in the exercise of functions under this or any other Act, or\n> > \n> > > (b) without lawful excuse, refuse or wilfully fail to comply with any lawful requirement of the Commissioner under this or any other Act, or\n> > \n> > > (c) wilfully make any false statement to or mislead, or attempt to mislead, the Commissioner or a member of staff of the Commissioner in the exercise of functions under this or any other Act.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A person must not directly or indirectly—\n> > \n> > > (a) falsely represent that he or she is the Commissioner or acting Commissioner, or\n> > \n> > > (b) falsely represent that he or she is a member of staff of the Commissioner.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (3) For the purposes of subsection (2), a person represents that a state of affairs exists if the person does or says anything, or causes, permits or suffers anything to be done or said, whereby it is represented, or whereby a belief may be induced, that the state of affairs exists.\n> \n> > (4) A person who uses, causes, inflicts or procures any violence, punishment, damage, loss or disadvantage to any person for or on account of—\n> > \n> > > (a) his or her making a complaint to the Commissioner, or\n> > \n> > > (b) his or her assisting the Commissioner, or\n> > \n> > > (c) any evidence given by him or her to the Commissioner,\n> > \n> > is guilty of an indictable offence.\n> > \n> > Maximum penalty—200 penalty units or imprisonment for 5 years, or both.\n> \n> > (5) An employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee assisting the Commissioner is guilty of an indictable offence.\n> > \n> > Maximum penalty—200 penalty units or imprisonment for 5 years, or both.\n> \n> > (6) In any proceedings for an offence against subsection (5), it lies on the employer to prove that any employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than the reasons mentioned in subsection (5).\n> \n> > (7) In this section, a reference to a person assisting the Commissioner is a reference to a person who—\n> > \n> > > (a) has appeared, is appearing or is to appear as a witness before the Commissioner, or\n> > \n> > > (b) has complied with or proposes to comply with a requirement under section 25 (Agencies to give information etc), or\n> > \n> > > (c) has assisted, is assisting or is to assist the Commissioner in some other manner.","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":"Oversight of Commissioner’s functions by Joint Committee","content":"#### 44 Oversight of Commissioner’s functions by Joint Committee\n\n44 Oversight of Commissioner’s functions by Joint Committee\n\n> > (1) The Joint Committee has the following functions under this Act—\n> > \n> > > (a) to monitor and review the exercise by the Commissioner of the Commissioner’s functions,\n> > \n> > > (b) to report to both Houses of Parliament, with such comments as it thinks fit, on any matter appertaining to the Commissioner or connected with the exercise of the Commissioner’s functions to which, in the opinion of the Joint Committee, the attention of Parliament should be directed,\n> > \n> > > (c) to examine each annual and other report of the Commissioner and report to both Houses of Parliament on any matter appearing in, or arising out of, any such report,\n> > \n> > > (d) to recommend to both Houses of Parliament any changes to the functions of the Commissioner that the Joint Committee thinks desirable,\n> > \n> > > (e) to inquire into any question in connection with its functions which is referred to it by both Houses of Parliament, and report to both Houses on that question.\n> \n> > (2) Nothing in this section authorises the Joint Committee—\n> > \n> > > (a) to investigate a matter relating to any particular conduct, or\n> > \n> > > (b) to reconsider any decision to investigate, not to investigate or to discontinue investigation of any particular matter, or\n> > \n> > > (c) to reconsider the findings, recommendations or other decisions of the Commissioner in relation to any particular matter.\n> \n> > (3) The provisions of Part 4A of the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) apply in relation to the Joint Committee’s functions under this Act in the same way as they apply in relation to the Joint Committee’s functions under that Act.","sortOrder":54},{"sectionNumber":"45","sectionType":"section","heading":"Personal liability of Commissioner and others","content":"#### 45 Personal liability of Commissioner and others\n\n45 Personal liability of Commissioner and others\n\n> A matter or thing done (or omitted to be done) by the Commissioner, a member of staff of the Commissioner or a person acting under the direction of the Commissioner does not, if the matter or thing was done (or omitted to be done) in good faith for the purpose of executing this Act or any other Act, subject the Commissioner, the member of staff or the person so acting personally to any action, liability, claim or demand.","sortOrder":55},{"sectionNumber":"46","sectionType":"section","heading":"Proceedings for offences","content":"#### 46 Proceedings for offences\n\n46 Proceedings for offences\n\n> > (1) Except where otherwise expressly provided by this Act, proceedings for an offence against this Act are to be dealt with summarily before the Local Court.\n> \n> > (2) If an offence against this Act is an indictable offence, the Local Court may nevertheless hear and determine the proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.\n> \n> > (3) If, in accordance with subsection (2), the Local Court convicts a person of such an offence, the maximum penalty that the court may impose is—\n> > \n> > > (a) in the case of an individual—the smaller of—\n> > > \n> > > > (i) a fine of 50 penalty units or imprisonment for 2 years, or both, or\n> > > \n> > > > (ii) the maximum penalty otherwise applicable to the offence when committed by an individual, or\n> > \n> > > (b) in the case of a corporation—the smaller of—\n> > > \n> > > > (i) a fine of 100 penalty units, or\n> > > \n> > > > (ii) the maximum penalty otherwise applicable to the offence when committed by a corporation.\n> \n> **s 46:** Am 2009 No 106, Sch 4.17.","sortOrder":56},{"sectionNumber":"47","sectionType":"section","heading":"Regulations","content":"#### 47 Regulations\n\n47 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":57},{"sectionNumber":"48","sectionType":"section","heading":"Review of Act","content":"#### 48 Review of Act\n\n48 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":58},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 1987 No 15, sec 30C.","sortOrder":59}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing and empowering the Information Commissioner to oversee freedom of information laws. While amendments have added information-sharing powers with newer bodies (Children's Guardian in 2019, Public Interest Disclosures Act references in 2022), these are operational updates rather than scope creep. The core functions — complaints, investigations, reporting — remain unchanged from the 2009 intent."},"complexity_factors":["Moderate cross-referencing: Heavy reliance on definitions from the GIPA Act and other statutes (Ombudsman Act, Privacy Act, etc.) — 8 external Acts referenced in the interpretation section alone","Nested conditional logic in appointment and removal provisions: Section 4 (term limits, eligibility exclusions), Section 8 (suspension process with 21-day parliamentary resolution requirement)","Multiple overlapping immunities and privileges: Sections 27, 41, 42, and 45 create a layered scheme of protections with subtle distinctions between civil/criminal immunity and evidentiary privilege","Delegated legislative power: Section 47 allows regulations to expand the definition of 'Information Act' beyond the GIPA Act, creating potential scope uncertainty","Procedural safeguards: Section 23 requires specific notification steps before adverse findings, adding procedural complexity to investigations"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the office of the **Information Commissioner** for New South Wales — an independent watchdog who oversees how government agencies handle public information and freedom of information (FOI) requests.\n\n**Who it affects:**\n\n- **The general public** — anyone who wants to complain about how a government agency dealt with their information request\n- **Government agencies** — they must cooperate with the Commissioner's investigations and follow the rules in the *Government Information (Public Access) Act 2009* (called the \"GIPA Act\")\n- **The Information Commissioner** — the person appointed to this role, plus their staff\n\n**Key things the Commissioner can do:**\n\n- **Handle complaints** from people unhappy with how agencies process information requests (section 17)\n- **Investigate** agency systems and practices, or specific complaints (sections 21–22)\n- **Enter agency premises** and demand documents (sections 25–26)\n- **Go to court** to stop agencies breaking information laws (section 28)\n- **Publish reports** on how well agencies are complying with openness laws (sections 36–38)\n- **Share information** with other integrity bodies like the Ombudsman, ICAC, and the Children's Guardian (sections 31–34)\n\n**Important limits:**\n\n- The Commissioner **cannot** touch Cabinet documents (section 30) — these stay secret\n- The Commissioner **cannot** prosecute criminal offences, only seek court orders to stop breaches (section 28)\n- The Commissioner must act **informally** where possible, avoiding courtroom-style hearings (section 15)\n\n**Why it matters:**\n\nThis law is the enforcement backbone of NSW's \"right to know\" regime. Without it, the GIPA Act would just be a set of rules with no one to ensure agencies follow them. The Commissioner makes sure government stays transparent and accountable when handling public information."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act has been amended at least 12 times since its original enactment in 2009, suggesting its scope has evolved beyond the original framework — likely expanding the Commissioner's functions, adjusting oversight mechanisms, or responding to technological and administrative changes in how government information is managed. The addition of the 'Minister for Customer Service and Digital Government' as a responsible minister (a portfolio that did not exist in 2009) signals a broadening of scope to include digital government information."},"complexity_factors":["The document provided is primarily metadata and navigation content from the NSW legislation website, not the full text of the Act itself — limiting detailed analysis","The Act operates as a companion piece to the Government Information (Public Access) Act 2009, requiring understanding of both laws together","Multiple amendments over 14+ years (12 distinct versions) mean the law has accumulated layers of change that could create interpretive complexity","Dual ministerial responsibility (Attorney General and Minister for Customer Service) could create ambiguity about oversight","The role of the Information Commissioner involves balancing competing interests (transparency vs. privacy/confidentiality), which adds practical complexity"],"plain_english_summary":"## Government Information (Information Commissioner) Act 2009 (NSW)\n\n**What is this law?**\nThis is a NSW law that establishes the role of the **Information Commissioner** — an independent official whose job is to oversee how the NSW government handles people's requests for government information and ensures agencies are being open and accountable.\n\n**Who does it affect?**\n- **Ordinary NSW residents** who want to access government documents or information (for example, finding out what a council or government agency is doing)\n- **NSW government agencies** (like councils, departments, and public bodies) who must comply with the Commissioner's oversight\n- **Businesses and organisations** dealing with NSW government information\n\n**Why does it matter?**\nThis law is the backbone of government transparency in NSW. If a government agency refuses your request for information, or you feel you've been treated unfairly, the Information Commissioner is the independent referee you can turn to. The Commissioner can investigate complaints, review how agencies handle information, and push for better practices across government.\n\n**Key points:**\n- Creates and defines the powers of the NSW Information Commissioner\n- Works alongside the *Government Information (Public Access) Act 2009* (the main law giving you the right to access government information)\n- The Commissioner is overseen jointly by the **Attorney General** and the **Minister for Customer Service and Digital Government**\n- The law has been updated multiple times since 2009, showing it has evolved with changing needs\n\n**Bottom line:** If NSW government agencies are hiding information they shouldn't be, this law gives someone independent the power to hold them to account."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act, as drafted, establishes the office, powers and procedures of an Information Commissioner with jurisdiction over complaints and investigations concerning the operation of Information Acts. It limits that jurisdiction in defined ways (privilege, Cabinet information) and provides mechanisms for oversight, reporting and enforcement. Nothing in the supplied text indicates an expansion or contraction of that statutory scope beyond the functions, limits and procedures set out in ss 4–48."},"complexity_factors":["Cross-references to multiple other Acts (GIPA Act, Ombudsman Act, Royal Commissions Act, Public Interest Disclosures Act, etc.) increase legal complexity (see ss 3, 29, 30, 35).","Wide discretionary powers for the Commissioner to decide whether and how to deal with complaints and to determine procedures (ss 15, 18).","Combination of informal resolution mechanisms and formal coercive powers (written requirements, entry, inquiry powers, injunctions) with statutory limits (ss 19, 25–29).","Detailed disclosure-sharing rules that vary by recipient and are subject to overriding public interest and privacy constraints (ss 31–35).","Multiple oversight, appointment and removal mechanisms (Joint Committee veto, Governor appointment, parliamentary address for removal) that create procedural layers (ss 4–5, 8, 44).","Statutory immunities and non-compellability balanced against criminal offences and heavy penalties for reprisals, leading to nuanced legal thresholds (ss 41–43).","Administrative and reporting obligations (annual and special reports, tabling and publication procedures) that require coordination with parliamentary processes (ss 36–39)."],"plain_english_summary":"# What this Act does (mechanical change)\n\n- Creates the statutory office of the Information Commissioner and sets out how the Commissioner is appointed, how long the Commissioner may serve, and conditions for vacancy and removal (see ss 4–11).\n- Gives the Commissioner powers to receive and decide whether to deal with complaints about how agencies exercise functions under an \"Information Act\", to assist parties to resolve complaints (conciliation, discussion), and to investigate agency systems, policies and practices (ss 14–24, 17–19, 21–23).\n- Provides formal investigative tools: written requirements for information and records, inspection/entry of agency premises, the ability to hold inquiries with powers modelled on parts of the Royal Commissions Act, and court-based remedies (injunctions and judicial review) to prevent or remedy contraventions of Information Acts (ss 25–29, 28, 29).\n- Regulates disclosure and sharing of information obtained in the Commissioner’s work: permits sharing with specified oversight bodies (Ombudsman, Children’s Guardian, ICAC, DPP, LECC and other agencies) subject to statutory limits; imposes a bar on disclosure where the GIPA Act provides an overriding public interest against disclosure, with limited exceptions (ss 31–35).\n- Requires annual and special reporting to Parliament and places the Commissioner’s reports before the Joint Committee with specified procedures for tabling and publication (ss 36–39, 44).\n- Provides protections and immunities for the Commissioner and staff (non-compellability and civil/criminal immunity except for bad faith), and creates criminal offences for obstruction, false statements, impersonation and reprisals against complainants or witnesses (ss 41–43).\n- Enables regulations and requires a statutory review of the Act after five years (ss 47–48).\n\n# Who this affects and who pays\n\n- Government: the NSW Government funds the Commissioner’s office, including the Commissioner’s remuneration (paid under the Statutory and Other Offices Remuneration Act and minister-determined allowances) and staff employed through the Public Service to support the Commissioner (s 6, s 12, s 36(2A)).\n- Agencies: public agencies covered by the GIPA Act or other Acts declared as Information Acts must respond to the Commissioner’s written requirements for information and records and can be inspected (s 25, s 26). Agencies that are the subject of adverse findings must be reported to Ministers and principal officers and may need to notify the Commissioner of corrective action (s 24).\n- Members of the public and businesses: any person may complain to the Commissioner about agency conduct under an Information Act (s 17). Individuals or corporate entities who are required to provide information or who obstruct the Commissioner can face penalties (s 25, s 43). The Commissioner may share information with other oversight bodies where authorised (ss 31–34).\n\n# Purpose claims in the Act and practical trade-offs\n\n- Purpose-claim: The Act establishes an independent oversight and complaint-handling mechanism for the operation of Information Acts (s 14, s 17). It also aims to enable informal resolution where possible (s 15).\n\n- Implementation costs and who bears them: The Commissioner’s office incurs recurrent public expenditure for salary, staff and investigations (s 6, s 12, s 36). Agencies face compliance costs when responding to written requirements, producing records, being inspected or participating in inquiries (s 25, s 26, s 29).\n\n- Incentives and discretion: The Commissioner has broad discretion to decide whether to deal with complaints and to determine procedures and investigatory priorities (ss 15, 18). That discretion concentrates decision-making power in the Commissioner (s 14). The Joint Committee and prescribed appointment veto process (s 5, s 44) are statutory controls on that discretion.\n\n- Compliance burden and enforcement: Agencies must comply with written requirements that fix time and place for production (s 25(2)). The Commissioner’s power to seek injunctions from the Supreme Court (s 28) creates a legal enforcement path, but the Act does not create prosecutorial functions for the Commissioner (s 28(6)). Criminal sanctions target obstruction, false statements and reprisals (s 43).\n\n- Limits and legal risk: The Commissioner’s coercive powers are limited by privilege and other legal protections (s 27). Cabinet information is explicitly protected and a certificate from the Cabinet Office is conclusive (s 30). Those limits reduce the risk of overreaching but also create potential gaps where information cannot be obtained for oversight.\n\n- Effects on private enterprise, competition and contract freedom: The Act primarily targets agencies. Businesses that are agencies or that hold records requested by agencies may have to comply with requests from the Commissioner (s 25). The Act preserves legal privileges and public interest protections (s 27, s 35), which can protect commercial confidentiality where those legal protections apply. There is no direct regulatory intervention into markets, pricing or ownership in the text.\n\n- Speech and individual choice: The Act structures access to government-held information and complaint resolution, which affects how individuals can challenge agency decisions under Information Acts (s 17). It includes restrictions on disclosure consistent with the GIPA Act (s 35).\n\n# Trade-offs, opportunity costs and risks\n\n- Opportunity cost: public funds and agency time used to support the Commissioner and investigations are resources not spent elsewhere (ss 6, 12, 36).\n- Substitution effects and duplication: the Ombudsman interacts with the Commissioner and must consult where complaints overlap; the Act provides for transfer of matters to avoid duplicate investigation but requires coordination (s 40). Overlap remains a practical implementation risk.\n- Concentrated benefits/diffuse costs: complainants and persons seeking greater access or redress receive the direct benefit; costs (staff time, production of records, possible legal action) are distributed across public agencies and ultimately borne by taxpayers (s 17, s 25, s 36).\n- Capture or information-sharing risk: the Commissioner may furnish information to agencies or other oversight bodies \"at any time\" subject to relevance and privacy limits (s 33); that sharing is necessary for coordination but may create information-flow choices that need careful handling (s 33, s 35).\n\n# Key implementation mechanics to watch\n\n- Appointment, tenure and oversight: Governor appoints, Joint Committee has veto power on nominations and oversight functions (ss 4–5, 44).\n- Investigative mechanics: written requirements for records (s 25), entry and inspection (s 26), limits where privilege or Cabinet information applies (ss 27, 30), and court remedies where contraventions are alleged (s 28).\n- Disclosure controls: statutory prohibition on disclosing information where an overriding public interest against disclosure exists under the GIPA Act, with specific cross-act exceptions (s 35).\n\nOverall, the Act establishes an independent statutory office with a mixture of informal dispute-resolution powers and formal investigatory, reporting and limited coercive mechanisms. The Act balances investigatory reach with explicit legal limits (privilege and Cabinet), builds in parliamentary oversight and requires public reporting, while imposing compliance costs on agencies and costs to public budgets for the Commissioner’s operation (see ss 4–48)."}},"importantCases":[],"_links":{"self":"/api/acts/government-information-information-commissioner-act-2009","history":"/api/acts/government-information-information-commissioner-act-2009/history","analysis":"/api/acts/government-information-information-commissioner-act-2009/analysis","conflicts":"/api/acts/government-information-information-commissioner-act-2009/conflicts","importantCases":"/api/acts/government-information-information-commissioner-act-2009/important-cases","documents":"/api/acts/government-information-information-commissioner-act-2009/documents"}}