{"id":"nsw:act-2009-052","name":"Government Information (Public Access) Act 2009","slug":"government-information-public-access-act-2009","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"52 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174864,"registerId":"nsw-nsw:act-2009-052-current","compilationNumber":null,"startDate":"2026-04-05","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 (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).","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":"Object of Act","content":"#### 3 Object of Act\n\n3 Object of Act\n\n> > (1) In order to maintain and advance a system of responsible and representative democratic Government that is open, accountable, fair and effective, the object of this Act is to open government information to the public by—\n> > \n> > > (a) authorising and encouraging the proactive public release of government information by agencies, and\n> > \n> > > (b) giving members of the public an enforceable right to access government information, and\n> > \n> > > (c) providing that access to government information is restricted only when there is an overriding public interest against disclosure.\n> \n> > (2) It is the intention of Parliament—\n> > \n> > > (a) that this Act be interpreted and applied so as to further the object of this Act, and\n> > \n> > > (b) that the discretions conferred by this Act be exercised, as far as possible, so as to facilitate and encourage, promptly and at the lowest reasonable cost, access to government information.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n4 Interpretation\n\n> > (1) Key definitions In this Act—\n> > \n> > access application means an application for access to government information under Part 4 that is a valid access application under that Part.\n> > \n> > agency means any of the following—\n> > \n> > > (a) a Public Service agency,\n> > \n> > > (b) a Minister (including a person employed by a Minister under Part 2 of the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041)),\n> > \n> > > (c) a public authority,\n> > \n> > > (d) a public office,\n> > \n> > > (e) a local authority,\n> > \n> > > (f) a court,\n> > \n> > > (g) a person or entity that is an agency pursuant to regulations under clause 5 of Schedule 4.\n> > \n> > Note.\n> > \n> > Schedule 4 contains definitions of Public Service agency, public authority, local authority, public office and court. The Information Commissioner publishes a list of agencies and their contact details.\n> > \n> > government information means information contained in a record held by an agency.\n> > \n> > Note.\n> > \n> > Record is defined in clause 10 of Schedule 4.\n> \n> > (2) Other interpretative provisions Expressions used in this Act that are defined in Schedule 4 have the meanings set out in that Schedule.\n> \n> **s 4:** Am 2013 No 41, Sch 3.2; 2014 No 33, Sch 3.8 \\[1\\]; 2018 No 89, Sch 1 \\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Open government information—general principles","content":"# Part 2 Open government information—general principles\n\nPart 2 Open government information—general principles","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Ways of accessing government information","content":"## Division 1 Ways of accessing government information\n\nDivision 1 Ways of accessing government information","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Presumption in favour of disclosure of government information","content":"#### 5 Presumption in favour of disclosure of government information\n\n5 Presumption in favour of disclosure of government information\n\n> There is a presumption in favour of the disclosure of government information unless there is an overriding public interest against disclosure.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Mandatory proactive release of certain government information","content":"#### 6 Mandatory proactive release of certain government information\n\n6 Mandatory proactive release of certain government information\n\n> > (1) An agency must make the government information that is its open access information publicly available unless there is an overriding public interest against disclosure of the information.\n> > \n> > Note.\n> > \n> > Part 3 lists the information that is open access information.\n> \n> > (2) Open access information is to be made publicly available free of charge on a relevant website (unless to do so would impose unreasonable additional costs on the agency) and can be made publicly available in any other way that the agency considers appropriate.\n> \n> > (3) At least one of the ways in which an agency makes open access information publicly available must be free of charge. Access provided in any other way can be charged for.\n> \n> > (4) An agency must facilitate public access to open access information contained in a record by deleting matter from a copy of the record to be made publicly available if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record and it is practicable to delete the matter.\n> \n> > (5) An agency must keep a record of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure. The record is to indicate only the general nature of the information concerned.\n> \n> > (6) Nothing in this section or the regulations requires or permits an agency to make open access information available in any way that would constitute an infringement of copyright.\n> \n> > (7) In this section—\n> > \n> > relevant website means—\n> > \n> > > (a) a website maintained by the agency, or\n> > \n> > > (b) for open access information prescribed under section 18(g) for which a website is prescribed by the regulations—the website.\n> \n> **s 6:** Am 2012 No 7, Sch 1 \\[1\\]; 2023 No 1, Sch 2\\[1\\] \\[2\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Authorised proactive release of government information","content":"#### 7 Authorised proactive release of government information\n\n7 Authorised proactive release of government information\n\n> > (1) An agency is authorised to make any government information held by the agency publicly available unless there is an overriding public interest against disclosure of the information.\n> \n> > (2) The information that an agency decides to make publicly available is to be made publicly available in any manner that the agency considers appropriate, either free of charge or at the lowest reasonable cost to the agency.\n> \n> > (3) An agency must, at intervals of not more than 12 months, review its program for the release of government information under this section to identify the kinds of government information held by the agency that should in the public interest be made publicly available and that can be made publicly available without imposing unreasonable additional costs on the agency.\n> \n> > (4) An agency can facilitate public access to government information contained in a record by deleting matter from a copy of the record to be made publicly available if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record.\n> \n> > (5) The functions of an agency under this section may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Informal release of government information","content":"#### 8 Informal release of government information\n\n8 Informal release of government information\n\n> > (1) An agency is authorised to release government information held by it to a person in response to an informal request by the person (that is, a request that is not an access application) unless there is an overriding public interest against disclosure of the information.\n> \n> > (2) An agency can release government information in response to an informal request subject to any reasonable conditions that the agency thinks fit to impose.\n> \n> > (3) An agency cannot be required to disclose government information pursuant to an informal request and cannot be required to consider an informal request for government information.\n> \n> > (4) An agency can decide by what means information is to be released in response to an informal request.\n> \n> > (5) An agency can facilitate public access to government information contained in a record by deleting matter from a copy of the record to be released in response to an informal request if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record.\n> \n> > (6) The functions of an agency under this section may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Access applications","content":"#### 9 Access applications\n\n9 Access applications\n\n> > (1) A person who makes an access application for government information has a legally enforceable right to be provided with access to the information in accordance with Part 4 (Access applications) unless there is an overriding public interest against disclosure of the information.\n> \n> > (2) An agency is not subject to the direction or control of any Minister in the exercise of the agency’s functions in dealing with a particular access application.\n> \n> > (3) The function of making a reviewable decision in connection with an access application made to an agency may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Disclosure and access under other laws","content":"#### 10 Disclosure and access under other laws\n\n10 Disclosure and access under other laws\n\n> > (1) This Act is not intended to prevent or discourage the publication or giving of access to government information as permitted or required by or under any other Act or law that enables a member of the public to obtain access to government information.\n> \n> > (2) This Act does not affect the operation of any other Act or law that requires government information to be made available to the public or that enables a member of the public to obtain access to government information.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Act overrides secrecy provisions in other legislation","content":"#### 11 Act overrides secrecy provisions in other legislation\n\n11 Act overrides secrecy provisions in other legislation\n\n> This Act overrides a provision of any other Act or statutory rule that prohibits the disclosure of information (whether or not the prohibition is subject to specified qualifications or exceptions), other than a provision of a law listed in Schedule 1 as an overriding secrecy law.\n> \n> Note.\n> \n> For overriding secrecy laws it is conclusively presumed that there is an overriding public interest against disclosure of the information. Other secrecy laws are to be taken into account as considerations against disclosure in determining whether there is an overriding public interest against disclosure. See section 14.","sortOrder":13},{"sectionNumber":"Division 2","sectionType":"division","heading":"Public interest considerations","content":"## Division 2 Public interest considerations\n\nDivision 2 Public interest considerations","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Public interest considerations in favour of disclosure","content":"#### 12 Public interest considerations in favour of disclosure\n\n12 Public interest considerations in favour of disclosure\n\n> > (1) There is a general public interest in favour of the disclosure of government information.\n> \n> > (2) Nothing in this Act limits any other public interest considerations in favour of the disclosure of government information that may be taken into account for the purpose of determining whether there is an overriding public interest against disclosure of government information.\n> > \n> > Note.\n> > \n> > The following are examples of public interest considerations in favour of disclosure of information—\n> > \n> > > (a) Disclosure of the information could reasonably be expected to promote open discussion of public affairs, enhance Government accountability or contribute to positive and informed debate on issues of public importance.\n> > \n> > > (b) Disclosure of the information could reasonably be expected to inform the public about the operations of agencies and, in particular, their policies and practices for dealing with members of the public.\n> > \n> > > (c) Disclosure of the information could reasonably be expected to ensure effective oversight of the expenditure of public funds.\n> > \n> > > (d) The information is personal information of the person to whom it is to be disclosed.\n> > \n> > > (e) Disclosure of the information could reasonably be expected to reveal or substantiate that an agency (or a member of an agency) has engaged in misconduct or negligent, improper or unlawful conduct.\n> \n> > (3) The Information Commissioner can issue guidelines about public interest considerations in favour of the disclosure of government information, for the assistance of agencies.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Public interest test","content":"#### 13 Public interest test\n\n13 Public interest test\n\n> There is an overriding public interest against disclosure of government information for the purposes of this Act if (and only if) there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Public interest considerations against disclosure","content":"#### 14 Public interest considerations against disclosure\n\n14 Public interest considerations against disclosure\n\n> > (1) It is to be conclusively presumed that there is an overriding public interest against disclosure of any of the government information described in Schedule 1.\n> \n> > (2) The public interest considerations listed in the Table to this section are the only other considerations that may be taken into account under this Act as public interest considerations against disclosure for the purpose of determining whether there is an overriding public interest against disclosure of government information.\n> \n> > (3) The Information Commissioner can issue guidelines about public interest considerations against the disclosure of government information, for the assistance of agencies, but cannot add to the list of considerations in the Table to this section.\n> \n> > (4) The Information Commissioner must consult with the Privacy Commissioner before issuing any guideline about a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to this section).\n> \n> Table\n> \n> |  |\n> |  |\n> |  |\n> |  |\n> |  |\n> |  |\n> |  |\n> \n> **s 14:** Am 2010 No 71, Sch 3 \\[1\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Principles that apply to public interest determination","content":"#### 15 Principles that apply to public interest determination\n\n15 Principles that apply to public interest determination\n\n> A determination as to whether there is an overriding public interest against disclosure of government information is to be made in accordance with the following principles—\n> \n> > (a) Agencies must exercise their functions so as to promote the object of this Act.\n> \n> > (b) Agencies must have regard to any relevant guidelines issued by the Information Commissioner.\n> \n> > (c) The fact that disclosure of information might cause embarrassment to, or a loss of confidence in, the Government is irrelevant and must not be taken into account.\n> \n> > (d) The fact that disclosure of information might be misinterpreted or misunderstood by any person is irrelevant and must not be taken into account.\n> \n> > (e) In the case of disclosure in response to an access application, it is relevant to consider that disclosure cannot be made subject to any conditions on the use or disclosure of information.","sortOrder":25},{"sectionNumber":"Division 3","sectionType":"division","heading":"Assistance and oversight","content":"## Division 3 Assistance and oversight\n\nDivision 3 Assistance and oversight","sortOrder":26},{"sectionNumber":"16","sectionType":"section","heading":"Agencies to provide advice and assistance","content":"#### 16 Agencies to provide advice and assistance\n\n16 Agencies to provide advice and assistance\n\n> > (1) An agency must provide advice and assistance to a person who requests or proposes to request access to government information, for the purpose of assisting the person to access, or seek access to, information that is or may be made publicly available.\n> \n> > (2) An agency must provide the following specific advice and assistance to a person who requests access to government information—\n> > \n> > > (a) advice as to whether or not the information is publicly available from the agency and (if it is) how the information can be accessed,\n> > \n> > > (b) advice on how to make an access application for the information if the information is not publicly available from the agency but appears likely to be held by the agency,\n> > \n> > > (c) if the information appears unlikely to be held by the agency but appears likely to relate to the functions of some other agency, the contact details of the other agency,\n> > \n> > > (d) the contact details of the Information Commissioner and advice on the availability of and how to access any information published by the Information Commissioner that it appears may be relevant to the person’s request.\n> \n> > (3) An agency is only required to provide advice and assistance under this section that it would be reasonable to expect the agency to provide.","sortOrder":27},{"sectionNumber":"17","sectionType":"section","heading":"Role of Information Commissioner","content":"#### 17 Role of Information Commissioner\n\n17 Role of Information Commissioner\n\n> The Information Commissioner has the following functions in connection with the operation of this Act—\n> \n> > (a) to promote public awareness and understanding of this Act and to promote the object of this Act,\n> \n> > (b) to provide information, advice, assistance and training to agencies and the public on any matters relevant to this Act,\n> \n> > (c) to assist agencies in connection with the exercise of their functions under this Act, including by providing services to assist with the lodgment, handling and processing of access applications,\n> \n> > (d) to issue guidelines and other publications for the assistance of agencies in connection with their functions under this Act,\n> \n> > (e) to issue guidelines and other publications for the assistance of the public in connection with their rights under this Act (including rights of review),\n> \n> > (f) to review decisions of agencies pursuant to Part 5,\n> \n> > (g) to monitor, audit and report on the exercise by agencies of their functions under, and compliance with, this Act,\n> \n> > (h) to make reports and provide recommendations to the Minister about proposals for legislative and administrative changes to further the object of this Act.","sortOrder":28},{"sectionNumber":"Part 3","sectionType":"part","heading":"Open access information","content":"# Part 3 Open access information\n\nPart 3 Open access information","sortOrder":29},{"sectionNumber":"18","sectionType":"section","heading":"What constitutes open access information","content":"#### 18 What constitutes open access information\n\n18 What constitutes open access information\n\n> The following government information held by an agency is the agency’s open access information that is required to be made publicly available by the agency under section 6 (Mandatory proactive release of certain government information)—\n> \n> > (a) the agency’s current agency information guide (see Division 2),\n> \n> > (b) information about the agency contained in any document tabled in Parliament by or on behalf of the agency, other than any document tabled by order of either House of Parliament,\n> \n> > (c) the agency’s policy documents (see Division 3),\n> \n> > (d) the agency’s disclosure log of access applications (see Division 4),\n> \n> > (e) the agency’s register of government contracts (see Division 5),\n> \n> > (f) the agency’s record (kept under section 6) of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure,\n> \n> > (g) such other government information as may be prescribed by the regulations as open access information.\n> \n> **s 18:** Am 2012 No 7, Sch 1 \\[2\\].","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":"Excluded functions of particular agencies","content":"#### 19 Excluded functions of particular agencies\n\n19 Excluded functions of particular agencies\n\n> This Part does not apply to an agency in respect of any functions of the agency listed in Schedule 2 (Excluded information of particular agencies).","sortOrder":32},{"sectionNumber":"20","sectionType":"section","heading":"Agencies must have agency information guide","content":"#### 20 Agencies must have agency information guide\n\n20 Agencies must have agency information guide\n\n> > (1) An agency (other than a Minister) must have a guide (its agency information guide) that—\n> > \n> > > (a) describes the structure and functions of the agency, and\n> > \n> > > (b) describes the ways in which the functions (including, in particular, the decision-making functions) of the agency affect members of the public, and\n> > \n> > > (c) specifies any arrangements that exist to enable members of the public to participate in the formulation of the agency’s policy and the exercise of the agency’s functions, and\n> > \n> > > (d) identifies the various kinds of government information held by the agency, and\n> > \n> > > (e) identifies the kinds of government information held by the agency that the agency makes (or will make) publicly available, and\n> > \n> > > (f) specifies the manner in which the agency makes (or will make) government information publicly available, and\n> > \n> > > (g) identifies the kinds of information that are (or will be) made publicly available free of charge and those kinds for which a charge is (or will be) imposed.\n> \n> > (2) An agency must make government information publicly available as provided by its agency information guide.\n> \n> > (3) The Chief Executive of the Office of Local Government may, in consultation with the Information Commissioner, adopt mandatory provisions for inclusion in the agency information guide of local authorities. The agency information guide of a local authority must include any such mandatory provision unless the Chief Executive otherwise approves in a particular case.\n> \n> **s 20:** Am 2012 No 7, Sch 1 \\[2\\]; 2018 No 89, Sch 1 \\[2\\] \\[3\\].","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Adoption and review of agency information guide","content":"#### 21 Adoption and review of agency information guide\n\n21 Adoption and review of agency information guide\n\n> An agency must adopt its first agency information guide within 6 months after the commencement of this section and must review its agency information guide and adopt a new agency information guide at intervals of not more than 12 months. An agency may update and amend its agency information guide at any time.\n> \n> **s 21:** Am 2012 No 7, Sch 1 \\[2\\].","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Role of Information Commissioner","content":"#### 22 Role of Information Commissioner\n\n22 Role of Information Commissioner\n\n> > (1) An agency must notify the Information Commissioner before adopting or amending an agency information guide and must, if requested to do so by the Information Commissioner, consult with the Information Commissioner on the proposed agency information guide or amendment.\n> \n> > (2) The Information Commissioner can issue guidelines and model agency information guides for the assistance of agencies in connection with agency information guides.\n> \n> **s 22:** Am 2012 No 7, Sch 1 \\[2\\] \\[4\\].","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"What constitutes an agency’s policy documents","content":"#### 23 What constitutes an agency’s policy documents\n\n23 What constitutes an agency’s policy documents\n\n> An agency’s policy documents are such of the following documents as are used by the agency in connection with the exercise of those functions of the agency that affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the public are or may become entitled, eligible, liable or subject (but does not include a legislative instrument)—\n> \n> > (a) a document containing interpretations, rules, guidelines, statements of policy, practices or precedents,\n> \n> > (b) a document containing particulars of any administrative scheme,\n> \n> > (c) a document containing a statement of the manner, or intended manner, of administration of any legislative instrument or administrative scheme,\n> \n> > (d) a document describing the procedures to be followed in investigating any contravention or possible contravention of any legislative instrument or administrative scheme,\n> \n> > (e) any other document of a similar kind.","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Effect of policy documents not being publicly available","content":"#### 24 Effect of policy documents not being publicly available\n\n24 Effect of policy documents not being publicly available\n\n> > (1) A person is not to be subjected to any prejudice because of the application of the provisions of an agency’s policy document to any act or omission of the person if, at the time of the act or omission—\n> > \n> > > (a) the policy document was not publicly available as required by this Act, and\n> > \n> > > (b) the person was not aware of those provisions, and\n> > \n> > > (c) the person could lawfully have avoided the prejudice had the person been aware of those provisions.\n> \n> > (2) This section does not apply to any matter forming part of an agency’s policy document that is not made publicly available as a result of being deleted as required by this Act from copies of the policy document that are made publicly available.","sortOrder":39},{"sectionNumber":"Division 4","sectionType":"division","heading":"Disclosure log of access applications","content":"## Division 4 Disclosure log of access applications\n\nDivision 4 Disclosure log of access applications","sortOrder":40},{"sectionNumber":"25","sectionType":"section","heading":"Requirement for disclosure log","content":"#### 25 Requirement for disclosure log\n\n25 Requirement for disclosure log\n\n> An agency must keep a record (called its disclosure log) that records information about access applications made to the agency that the agency decides by deciding to provide access (to some or all of the information applied for) if the information is information that the agency considers may be of interest to other members of the public.","sortOrder":41},{"sectionNumber":"26","sectionType":"section","heading":"Required information about access applications","content":"#### 26 Required information about access applications\n\n26 Required information about access applications\n\n> > (1) The information about an access application that is required to be recorded in an agency’s disclosure log is as follows—\n> > \n> > > (a) the date the application was decided,\n> > \n> > > (b) a description of the information to which access was provided in response to the application,\n> > \n> > > (c) a statement as to whether any of the information is now available from the agency to other members of the public and (if it is) how it can be accessed.\n> \n> > (2) No details are required to be recorded in the agency’s disclosure log—\n> > \n> > > (a) if no objection is made under section 56 to the inclusion of information in the log before the access application is decided—until the application is decided, or\n> > \n> > > (b) if an objection is made under section 56 to the inclusion of information in the log before the access application is decided—until the agency is entitled under that section to include the information in the log.\n> > \n> > Note.\n> > \n> > See section 56 (5) and (6) as to when an agency is entitled to include information in its disclosure log following an objection under that section.\n> \n> > (3) An agency is not required to include in its disclosure log information about any application—\n> > \n> > > (a) for personal information about the applicant (the applicant being an individual) or any other individual, or\n> > \n> > > (b) in respect of which any factors particular to the applicant were otherwise a consideration in the agency’s determination of the public interest in connection with the disclosure of the information to the applicant.\n> \n> **s 26:** Am 2012 No 7, Sch 1 \\[5\\] \\[6\\].","sortOrder":42},{"sectionNumber":"Division 5","sectionType":"division","heading":"Government contracts with private sector","content":"## Division 5 Government contracts with private sector\n\nDivision 5 Government contracts with private sector\n\nNote.\n\nAny exception under this Division from the requirement to include information about or a copy of a contract on a government contracts register does not of itself constitute grounds for refusing an access application.","sortOrder":43},{"sectionNumber":"27","sectionType":"section","heading":"Register of government contracts valued at $150,000 or more","content":"#### 27 Register of government contracts valued at $150,000 or more\n\n27 Register of government contracts valued at $150,000 or more\n\n> > (1) An agency is to keep a register of government contracts (its government contracts register) that records information about each government contract to which the agency is a party that has (or is likely to have) a value of $150,000 (including GST) or more (class 1 contracts).\n> \n> > (2) Information about a class 1 contract must be entered in the register within 45 working days after the contract becomes effective.\n> \n> > (3) A contract becomes effective—\n> > \n> > > (a) when it is entered into by or on behalf of the agency concerned, or\n> > \n> > > (b) if the contract contains a provision to the effect that one or more conditions are to be met before the obligations of the parties under the contract are enforceable—when the condition or conditions have been met (and not when the contract is entered into by the agency).\n> \n> **s 27:** Am 2012 No 7, Sch 1 \\[7\\]; 2018 No 89, Sch 1 \\[4\\].","sortOrder":44},{"sectionNumber":"28","sectionType":"section","heading":"Value of contract","content":"#### 28 Value of contract\n\n28 Value of contract\n\n> The value of a contract is whichever of the following values is appropriate to the kind of contract concerned—\n> \n> > (a) the total estimated value of the project,\n> \n> > (b) the total estimated value of the goods or services over the term of the contract,\n> \n> > (c) the value of the real property transferred,\n> \n> > (d) the rent for the term of the lease.","sortOrder":45},{"sectionNumber":"29","sectionType":"section","heading":"Information to be entered in register—class 1 contracts","content":"#### 29 Information to be entered in register—class 1 contracts\n\n29 Information to be entered in register—class 1 contracts\n\n> The following information about a class 1 contract is to be entered in the government contracts register—\n> \n> > (a) the name and business address of the contractor,\n> \n> > (b) particulars of any related body corporate (within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth) in respect of the contractor, or any other private sector entity in which the contractor has an interest, that will be involved in carrying out any of the contractor’s obligations under the contract or will receive a benefit under the contract,\n> \n> > (c) the date on which the contract became effective and the duration of the contract,\n> \n> > (d) particulars of the project to be undertaken, the goods or services to be provided or the real property to be leased or transferred under the contract,\n> \n> > (e) the estimated amount payable to the contractor under the contract,\n> \n> > (f) a description of any provisions under which the amount payable to the contractor may be varied,\n> \n> > (g) a description of any provisions with respect to the renegotiation of the contract,\n> \n> > (h) in the case of a contract arising from a tendering process, the method of tendering and a summary of the criteria against which the various tenders were assessed,\n> \n> > (i) a description of any provisions under which it is agreed that the contractor is to receive payment for providing operational or maintenance services.","sortOrder":46},{"sectionNumber":"30","sectionType":"section","heading":"Additional information for class 2 contracts","content":"#### 30 Additional information for class 2 contracts\n\n30 Additional information for class 2 contracts\n\n> > (1) Additional information is required to be entered in the government contracts register for class 1 contracts to which any of the following paragraphs applies (class 2 contracts)—\n> > \n> > > (a) there has not been a tender process, the proposed contract has not been made publicly available and the terms and conditions of the contract have been negotiated directly with the contractor,\n> > \n> > > (b) the proposed contract (whether or not made publicly available) has been the subject of a tendering process and the terms and conditions of the contract have been substantially negotiated with the successful tenderer,\n> > \n> > > (c) the obligations of one or more parties under the contract to maintain or operate infrastructure or assets could continue for 10 years or more,\n> > \n> > > (d) the contract involves a privately financed project as defined by guidelines published by the Treasury (as in force from time to time),\n> > \n> > > (e) the contract involves a transfer of a significant asset of the agency concerned to another party to the contract in exchange for the transfer of an asset to the agency.\n> \n> > (2) The additional information required to be entered in the register for class 2 contracts is as follows—\n> > \n> > > (a) particulars of future transfers of significant assets to the State at zero, or nominal, cost to the State, including the date of their proposed transfer,\n> > \n> > > (b) particulars of future transfers of significant assets to the contractor, including the date of their proposed transfer,\n> > \n> > > (c) the results of any cost-benefit analysis of the contract conducted by the agency,\n> > \n> > > (d) the components and quantum of the public sector comparator if used,\n> > \n> > > (e) if relevant, a summary of information used in the contractor’s full base case financial model (for example, the pricing formula for tolls or usage charges),\n> > \n> > > (f) if relevant, particulars of how risk, during the construction and operational phases of a contract to undertake a specific project (such as construction, infrastructure or property development), is to be apportioned between the parties, quantified (where practicable) in net present-value terms and specifying the major assumptions involved,\n> > \n> > > (g) particulars as to any significant guarantees or undertakings between the parties, including any guarantees or undertakings with respect to loan agreements entered into or proposed to be entered into,\n> > \n> > > (h) particulars of any other key elements of the contract.","sortOrder":47},{"sectionNumber":"31","sectionType":"section","heading":"Register to include copy of class 3 contract","content":"#### 31 Register to include copy of class 3 contract\n\n31 Register to include copy of class 3 contract\n\n> If a class 2 contract has (or is likely to have) a value of $5 million or more (a class 3 contract), the register must include a copy of the class 3 contract.","sortOrder":48},{"sectionNumber":"32","sectionType":"section","heading":"Confidential information not required to be included in register","content":"#### 32 Confidential information not required to be included in register\n\n32 Confidential information not required to be included in register\n\n> > (1) A requirement of this Division to include information or a copy of a contract in the government contracts register does not require the inclusion of—\n> > \n> > > (a) the commercial-in-confidence provisions of a contract, or\n> > \n> > > (b) details of any unsuccessful tender, or\n> > \n> > > (c) any matter that could reasonably be expected to affect public safety or security, or\n> > \n> > > (d) a copy of a contract, a provision of a contract or any other information in relation to a contract that is of such a nature that its inclusion in a record would result in there being an overriding public interest against disclosure of the record.\n> \n> > (2) If an agency does not include a copy of a contract in the register, or includes only some of the provisions of a contract in the register, because of this section, the agency must include in the register—\n> > \n> > > (a) the reasons why the contract or those provisions have not been included in the register, and\n> > \n> > > (b) a statement as to whether it is intended that the contract or those provisions will be included in the register at a later date and, if so, when it is likely that they will be included, and\n> > \n> > > (c) if some but not all of the provisions of the contract have been included in the register, a general description of the types of provisions that have not been included.","sortOrder":49},{"sectionNumber":"33","sectionType":"section","heading":"Variations to contracts","content":"#### 33 Variations to contracts\n\n33 Variations to contracts\n\n> > (1) If a material variation is made to a contract that would affect the particulars that are required to be included in the government contracts register in relation to the contract, the particulars included in the register are to be amended to reflect the variation within 45 working days after the variation becomes effective.\n> \n> > (2) If a material variation is made to a contract a copy of which is required to be included in the register, a copy of the variation or the varied provisions is to be included in the register within 45 working days after the variation becomes effective.\n> \n> **s 33:** Am 2012 No 7, Sch 1 \\[7\\].","sortOrder":50},{"sectionNumber":"34","sectionType":"section","heading":"Minimum public access period for information on register","content":"#### 34 Minimum public access period for information on register\n\n34 Minimum public access period for information on register\n\n> > (1) Information (including a copy of a contract) required to be included in the government contracts register in relation to a contract is only required to be made publicly available as open access information for the public access period.\n> \n> > (2) The public access period is whichever is the longer of the following periods—\n> > \n> > > (a) 20 working days,\n> > \n> > > (b) the period until the project to which the contract relates is complete, the goods and services concerned have been provided under the contract, the term of the lease has expired or the real property has been transferred.\n> \n> **s 34:** Am 2012 No 7, Sch 1 \\[7\\].","sortOrder":51},{"sectionNumber":"35","sectionType":"section","heading":"Register to be published on Government tenders website","content":"#### 35 Register to be published on Government tenders website\n\n35 Register to be published on Government tenders website\n\n> > (1) A copy of an agency’s government contracts register is to be published on the Government tenders website (that is, the website with the URL of https://tenders.nsw.gov.au or such other internet website as the Premier may authorise for the purposes of this section).\n> \n> > (2) Each of the following agencies is not required to have a copy of its government contracts register published on the Government tenders website but is required to have a copy of the register published on any website of the agency—\n> > \n> > > (a) a State owned corporation or a subsidiary of a State owned corporation,\n> > \n> > > (b) a local authority,\n> > \n> > > (c) a university.\n> \n> > (3) A copy of an agency’s government contracts register is also to be made publicly available in any other manner in which the agency decides to make its open access information publicly available.","sortOrder":52},{"sectionNumber":"36","sectionType":"section","heading":"Disputes","content":"#### 36 Disputes\n\n36 Disputes\n\n> > (1) If a person other than an officer of the agency (including, for example, a party to a government contract) disagrees with the way in which an agency has interpreted its obligations under this Division, the agency is to obtain—\n> > \n> > > (a) the opinion of the Chairperson of the NSW Procurement Board in relation to the matter, or\n> > \n> > > (b) if the principal officer of the agency is the Chairperson of the Board—the opinion of the Minister in relation to the matter.\n> \n> > (2) This section does not apply to—\n> > \n> > > (a) a State owned corporation or a subsidiary of a State owned corporation, or\n> > \n> > > (b) a local authority, or\n> > \n> > > (c) a university.\n> \n> **s 36:** Am 2012 No 43, Sch 3.1.","sortOrder":53},{"sectionNumber":"37","sectionType":"section","heading":"Agency obligation to find information","content":"#### 37 Agency obligation to find information\n\n37 Agency obligation to find information\n\n> Information is required to be included in an agency’s government contracts register only to the extent that the agency holds the information or it is reasonably practical for the agency to obtain the information.","sortOrder":54},{"sectionNumber":"38","sectionType":"section","heading":"Exception for industry support contracts","content":"#### 38 Exception for industry support contracts\n\n38 Exception for industry support contracts\n\n> This Division does not require the Department of Industry to include any information about or a copy of a government contract in its government contracts register if the contract involves the provision of industry support.\n> \n> **s 38:** Am 2018 No 89, Sch 1 \\[5\\].","sortOrder":55},{"sectionNumber":"39","sectionType":"section","heading":"Exception for SOCs—competitive neutrality","content":"#### 39 Exception for SOCs—competitive neutrality\n\n39 Exception for SOCs—competitive neutrality\n\n> This Division does not require a State owned corporation or a subsidiary of a State owned corporation to include any information about or a copy of a government contract in its government contracts register if the contract relates to activities engaged in by the corporation or subsidiary in a market in which it is in competition with any other person.","sortOrder":56},{"sectionNumber":"40","sectionType":"section","heading":"Exception for Landcom—contracts for sale of land","content":"#### 40 Exception for Landcom—contracts for sale of land\n\n40 Exception for Landcom—contracts for sale of land\n\n> This Division does not require Landcom to include any information about or a copy of a government contract in its government contracts register if the contract is a contract for the sale of land.","sortOrder":57},{"sectionNumber":"Part 4","sectionType":"part","heading":"Access applications","content":"# Part 4 Access applications\n\nPart 4 Access applications","sortOrder":58},{"sectionNumber":"41","sectionType":"section","heading":"How to make an access application","content":"#### 41 How to make an access application\n\n41 How to make an access application\n\n> > (1) An application or other request for government information is not a valid access application unless it complies with the following requirements (the formal requirements) for access applications—\n> > \n> > > (a) it must be in writing sent by post to or lodged at an office of the agency concerned or made in the manner approved by the agency under subsection (2),\n> > \n> > > (b) it must clearly indicate that it is an access application made under this Act,\n> > \n> > > (c) it must be accompanied by a fee of $30,\n> > \n> > > (d) it must state the name of the applicant and a postal or email address as the address for correspondence in connection with the application,\n> > \n> > > (e) it must include such information as is reasonably necessary to enable the government information applied for to be identified.\n> > \n> > Note.\n> > \n> > See section 51A concerning the effect of a waiver, reduction or refund of the fee for an access application. See also section 52 (3) concerning assistance to be afforded by an agency to an access applicant.\n> \n> > (1A) If the applicant has applied at any time to another agency for substantially the same information, an application must also include the name of the other agency. However, failure to comply with this subsection does not affect the validity of an application.\n> \n> > (2) An agency may approve additional facilities for the making of an access application or the payment of an application fee.\n> \n> > (3) An access application is not considered to have been received by an agency until it is actually received by the agency.\n> \n> **s 41:** Am 2012 No 7, Sch 1 \\[8\\] \\[9\\]; 2018 No 89, Sch 1 \\[6\\]–\\[9\\].","sortOrder":60},{"sectionNumber":"42","sectionType":"section","heading":"Inclusion of additional information in applications","content":"#### 42 Inclusion of additional information in applications\n\n42 Inclusion of additional information in applications\n\n> An access application can include any of the following—\n> \n> > (a) submissions by the applicant as to any public interest considerations that the applicant thinks the agency should take into account in determining whether or not there is an overriding public interest against disclosure of the information,\n> \n> > (b) a request for a discount on processing charges for the application (including relevant supporting information, such as evidence of hardship or special public interest),\n> \n> > (c) any other information that the applicant thinks may be relevant.","sortOrder":61},{"sectionNumber":"43","sectionType":"section","heading":"Access application cannot be made for excluded information","content":"#### 43 Access application cannot be made for excluded information\n\n43 Access application cannot be made for excluded information\n\n> > (1) An access application cannot be made to an agency for access to excluded information of the agency.\n> > \n> > Note.\n> > \n> > Information is excluded information of an agency if it relates to any function specified in Schedule 2 in relation to the agency.\n> \n> > (2) An application for government information is not a valid access application to the extent that the application is made in contravention of this section.","sortOrder":62},{"sectionNumber":"44","sectionType":"section","heading":"Ways in which applications can be transferred","content":"#### 44 Ways in which applications can be transferred\n\n44 Ways in which applications can be transferred\n\n> > (1) An agency that receives an access application for government information can transfer the application to another agency either by agency-initiated transfer or by applicant-initiated transfer, as provided by this Division.\n> > \n> > Note.\n> > \n> > A decision to transfer an application to another agency is reviewable under Part 5.\n> \n> > (2) An agency may, for the purposes of transferring only part of an access application, split an application into 2 or more applications. Any resulting application is to be treated as a separate application by the applicant.\n> \n> **s 44:** Am 2018 No 89, Sch 1 \\[10\\].","sortOrder":64},{"sectionNumber":"45","sectionType":"section","heading":"Agency-initiated transfer","content":"#### 45 Agency-initiated transfer\n\n45 Agency-initiated transfer\n\n> > (1) An agency-initiated transfer of an access application to another agency requires the consent of that other agency and cannot be done unless—\n> > \n> > > (a) the other agency is known to hold the information applied for and the information relates more closely to the functions of that other agency, or\n> > \n> > > (b) the agency that receives the application decides that it does not hold the information and the other agency is known or reasonably expected to hold the information.\n> \n> > (2) An agency-initiated transfer cannot be done more than 10 working days after the application was received.","sortOrder":65},{"sectionNumber":"46","sectionType":"section","heading":"Applicant-initiated transfer","content":"#### 46 Applicant-initiated transfer\n\n46 Applicant-initiated transfer\n\n> > (1) An applicant-initiated transfer of an access application to another agency cannot be done unless the applicant and the agency to which the application was made agree that the application should be transferred and it appears that the information relates more closely to the functions of the other agency.\n> \n> > (2) The consent of the other agency is not required for an applicant-initiated transfer and it does not matter whether the agency that is to transfer the application holds the information (or knows whether it holds the information).","sortOrder":66},{"sectionNumber":"47","sectionType":"section","heading":"Notice of transfer of application","content":"#### 47 Notice of transfer of application\n\n47 Notice of transfer of application\n\n> An agency that transfers an application must give notice of the transfer to the applicant, advising of the date of transfer and the agency to which it was transferred.","sortOrder":67},{"sectionNumber":"48","sectionType":"section","heading":"Effect of transfer of application","content":"#### 48 Effect of transfer of application\n\n48 Effect of transfer of application\n\n> > (1) The agency that transfers an application is not required to refund or transfer the application fee to the other agency but cannot impose any processing charges.\n> \n> > (2) The agency that transfers an application has no obligation to decide the application.\n> \n> > (3) An application that is transferred to an agency is deemed to have been received by that agency (on the date that it is received by that agency) as an application made by the applicant to that agency, and is to be acknowledged accordingly by that agency.\n> \n> > (4) The agency to which an application is transferred is not entitled to charge an application fee for the application but is entitled to impose processing charges in accordance with this Act.","sortOrder":68},{"sectionNumber":"49","sectionType":"section","heading":"Amendment of application","content":"#### 49 Amendment of application\n\n49 Amendment of application\n\n> > (1) An access application may be amended by the applicant at any time before the agency decides the application. Notice of the amendment must be received by the agency before the agency decides the application.\n> \n> > (2) An amendment to reduce the scope of the information applied for does not require the consent of the agency but any other amendment cannot be made without the consent of the agency.\n> > \n> > Note.\n> > \n> > A decision by an agency to refuse to consent to an amendment is not a reviewable decision (but a fresh access application can be made).\n> \n> > (3) The agency must give notice to the applicant confirming the amendment of an access application and the date on which it was amended if the amendment requires the consent of the agency or the amendment was not made by the applicant in writing.\n> \n> > (4) An amendment to reduce the scope of the information applied for does not prevent the agency from imposing a processing charge in respect of time spent before the amendment is made in dealing with any aspect of the access application that the amendment makes unnecessary.\n> \n> > (5) The amendment of an access application does not affect the period within which the application is required to be decided and does not entitle the applicant to a refund or reduction of any application fee or advance deposit already paid.\n> > \n> > Note.\n> > \n> > The period within which an application is required to be decided can be extended by agreement between the agency and applicant.","sortOrder":69},{"sectionNumber":"50","sectionType":"section","heading":"Withdrawal of application","content":"#### 50 Withdrawal of application\n\n50 Withdrawal of application\n\n> > (1) A person who has made an access application may withdraw it at any time before notice of the agency’s decision on the application is given to the person.\n> \n> > (2) The withdrawal of an application does not entitle the applicant to a refund of any application fee or advance deposit already paid.\n> \n> > (3) The agency must give notice to the applicant confirming the withdrawal of an access application and the date on which it was withdrawn if the withdrawal was not made by the applicant in writing.","sortOrder":70},{"sectionNumber":"51","sectionType":"section","heading":"Initial decision as to validity of application","content":"#### 51 Initial decision as to validity of application\n\n51 Initial decision as to validity of application\n\n> > (1) When an agency receives an application for access to government information that it appears is intended to be an access application, the agency is to decide whether the application is a valid access application and is to notify its decision to the applicant by either—\n> > \n> > > (a) acknowledging receipt of the application as a valid access application, or\n> > \n> > > (b) notifying the applicant that the application is not a valid access application.\n> > \n> > Note.\n> > \n> > An application is not a valid access application if it is an application for excluded information of the agency or does not comply with the formal requirements for access applications.\n> \n> > (2) An agency’s decision as to the validity of an application must be made and notified to the applicant as soon as practicable after the agency receives the application and in any event within 5 working days after the application is received.\n> > \n> > Note.\n> > \n> > The decision as to the validity of an application is reviewable under Part 5.\n> \n> > (3) An acknowledgement of receipt of a valid access application must include the following—\n> > \n> > > (a) the date by which the application is required to be decided (subject to any suspension or extension of the time for deciding an application),\n> > \n> > > (b) a statement that the application will be deemed to have been refused if not decided by the required date,\n> > \n> > > (c) the following statements about the inclusion of information in the agency’s disclosure log (unless the agency considers it unlikely that information about the application will be included in the disclosure log)—\n> > > \n> > > > (i) a statement that information concerning the application is likely to be included in the agency’s disclosure log and that the applicant can object to this,\n> > > \n> > > > (ii) a statement about the right of review under Part 5 of a decision by the agency to include information in its disclosure log despite the applicant’s objection,\n> > \n> > > (d) such details of rights of review in connection with access applications as the Information Commissioner may from time to time direct.\n> \n> > (4) Acknowledging receipt of an application as a valid access application does not prevent the agency from subsequently deciding that the application is not a valid access application.\n> \n> > (5) An agency’s decision that an application is not a valid access application is presumed to be correct, subject to any review of the decision under Part 5.\n> \n> **s 51:** Am 2018 No 89, Sch 1 \\[11\\] \\[12\\].","sortOrder":72},{"sectionNumber":"51A","sectionType":"section","heading":"Effect of waiver, reduction or refund of application fee","content":"#### 51A Effect of waiver, reduction or refund of application fee\n\n51A Effect of waiver, reduction or refund of application fee\n\n> > (1) An agency is not to treat an application as being an invalid access application only because of the non-payment of the required application fee if—\n> > \n> > > (a) the payment of the fee was waived by the agency before the application was made, or\n> > \n> > > (b) the amount of the fee payable was reduced by the agency before the application was made and the reduced fee accompanied the application.\n> > \n> > Note.\n> > \n> > Section 127 enables an agency to waive, reduce or refund a fee payable or paid under this Act for an application fee in any case that the agency thinks appropriate, subject to the regulations.\n> \n> > (2) If an agency waives payment of the required application fee, or reduces the amount of the fee that is payable, after the application is made (and the application would have been valid had the required application fee been paid)—\n> > \n> > > (a) in the case of a waived fee—the application becomes a valid access application and is deemed to have been made when the fee was waived, or\n> > \n> > > (b) in the case of a reduced fee—the application becomes a valid access application when the reduced fee is paid and is deemed to have been made when the payment is made.\n> \n> > (3) The refund of an application fee does not affect the validity of an access application that was duly made.\n> \n> **s 51A:** Ins 2012 No 7, Sch 1 \\[10\\].","sortOrder":73},{"sectionNumber":"52","sectionType":"section","heading":"Agency assistance with invalid applications","content":"#### 52 Agency assistance with invalid applications\n\n52 Agency assistance with invalid applications\n\n> > (1) The notification of an agency’s decision that an application is not a valid access application must—\n> > \n> > > (a) include a statement of the reason why the application is not a valid access application (including reference to the relevant provisions of this Act), and\n> > \n> > > (b) if a reason is non-payment of the required application fee, invite the applicant to pay the fee, and\n> > \n> > > (c) if a reason is failure to provide required information, invite the applicant to provide the information, and\n> > \n> > > (d) notify the applicant of the right of review under Part 5 that applies in relation to a decision that an application is not a valid access application.\n> \n> > (2) The application becomes a valid access application if the applicant pays the required fee or provides the required information (as appropriate), and is then deemed to have been made when the fee or information was received by the agency.\n> \n> > (3) An agency must provide advice and assistance, so far as it would be reasonable to expect the agency to do so, to assist an applicant to provide such information as may be necessary to enable the applicant to make a valid access application.\n> \n> > (4) (Repealed)\n> \n> > (5) An applicant is entitled to a refund of any application fee that accompanied an invalid access application (unless the application subsequently becomes valid).\n> \n> **s 52:** Am 2012 No 7, Sch 1 \\[11\\].","sortOrder":74},{"sectionNumber":"53","sectionType":"section","heading":"Searches for information held by agency","content":"#### 53 Searches for information held by agency\n\n53 Searches for information held by agency\n\n> > (1) The obligation of an agency to provide access to government information in response to an access application is limited to information held by the agency when the application is received.\n> \n> > (2) An agency must undertake such reasonable searches as may be necessary to find any of the government information applied for that was held by the agency when the application was received. The agency’s searches must be conducted using the most efficient means reasonably available to the agency.\n> \n> > (3) The obligation of an agency to undertake reasonable searches extends to searches using any resources reasonably available to the agency including resources that facilitate the retrieval of information stored electronically.\n> \n> > (4) An agency is not required to search for information in records held by the agency in an electronic backup system unless a record containing the information has been lost to the agency as a result of having been destroyed, transferred, or otherwise dealt with, in contravention of the [State Records Act 1998](/view/html/inforce/current/act-1998-017) or contrary to the agency’s established record management procedures.\n> \n> > (5) An agency is not required to undertake any search for information that would require an unreasonable and substantial diversion of the agency’s resources.","sortOrder":75},{"sectionNumber":"54","sectionType":"section","heading":"Consultation on public interest considerations","content":"#### 54 Consultation on public interest considerations\n\n54 Consultation on public interest considerations\n\n> > (1) An agency must take such steps (if any) as are reasonably practicable to consult with a person before providing access to information relating to the person in response to an access application if it appears that—\n> > \n> > > (a) the information is of a kind that requires consultation under this section, and\n> > \n> > > (b) the person may reasonably be expected to have concerns about the disclosure of the information, and\n> > \n> > > (c) those concerns may reasonably be expected to be relevant to the question of whether there is a public interest consideration against disclosure of the information.\n> \n> > (2) Information relating to a person is of a kind that requires consultation under this section if the information—\n> > \n> > > (a) includes personal information about the person, or\n> > \n> > > (b) concerns the person’s business, commercial, professional or financial interests, or\n> > \n> > > (c) concerns research that has been, is being, or is intended to be, carried out by or on behalf of the person, or\n> > \n> > > (d) concerns the affairs of a government of the Commonwealth or another State (and the person is that government).\n> > \n> > Note.\n> > \n> > The requirement to consult extends to consultation with other agencies and other governments. See the definition of person in Schedule 4.\n> \n> > (2A) If the agency considers that information about a person consulted under this section is likely to be included in the agency’s disclosure log in relation to the access application, the agency must give a written notice to the person containing the following statements—\n> > \n> > > (a) that information concerning the application is likely to be included in the agency’s disclosure log and that the person can object to this,\n> > \n> > > (b) that there is a right of review under Part 5 of a decision by the agency to include information in its disclosure log despite the person’s objection.\n> \n> > (3) If consultation is required concerning the release of personal information about a deceased person, that consultation is to be done by consultation with a close relative of the deceased.\n> \n> > (4) The purpose of consultation under this section is to ascertain whether the person has an objection to disclosure of some or all of the information and the reasons for any such objection.\n> \n> > (5) The agency must take any objection to disclosure of information that the agency receives in the course of consultation into account in the course of determining whether there is an overriding public interest against disclosure of government information.\n> \n> > (6) If consultation establishes that a person objects to the disclosure of information but the agency decides to provide access to the information in response to the application, access is not to be provided until the agency has first given the objector notice of the agency’s decision to provide access to the information and notice of the objector’s right to have that decision reviewed, and is not to be provided while review rights on the decision are pending.\n> \n> > (7) Review rights on a decision are pending while the objector is entitled to apply for a review of the decision under Part 5 (ignoring any period that may be available by way of extension of time to apply for review), or any review duly applied for is pending.\n> \n> **s 54:** Am 2012 No 7, Sch 1 \\[12\\]; 2018 No 89, Sch 1 \\[13\\].","sortOrder":76},{"sectionNumber":"54A","sectionType":"section","heading":"Consultation with other agencies","content":"#### 54A Consultation with other agencies\n\n54A Consultation with other agencies\n\n> > (1) An agency may, in response to an access application, consult with any other agency for the following purposes—\n> > \n> > > (a) to determine whether there is an overriding public interest against disclosure of the information,\n> > \n> > > (b) to identify a person that may be required to be consulted under section 54.\n> \n> > (2) An agency may be consulted under this section even if the agency would not reasonably be expected to have concerns about the disclosure of the information.\n> \n> **s 54A:** Ins 2018 No 89, Sch 1 \\[14\\].","sortOrder":77},{"sectionNumber":"55","sectionType":"section","heading":"Consideration of personal factors of application","content":"#### 55 Consideration of personal factors of application\n\n55 Consideration of personal factors of application\n\n> > (1) In determining whether there is an overriding public interest against disclosure of information in response to an access application, an agency is entitled to take the following factors (the personal factors of the application) into account as provided by this section—\n> > \n> > > (a) the applicant’s identity and relationship with any other person,\n> > \n> > > (b) the applicant’s motives for making the access application,\n> > \n> > > (c) any other factors particular to the applicant.\n> \n> > (2) The personal factors of the application can also be taken into account as factors in favour of providing the applicant with access to the information.\n> \n> > (3) The personal factors of the application can be taken into account as factors against providing access if (and only to the extent that) those factors are relevant to the agency’s consideration of whether the disclosure of the information concerned could reasonably be expected to have any of the effects referred to in clauses 2–5 (but not clause 1, 6 or 7) of the Table to section 14.\n> \n> > (4) An applicant is entitled to provide any evidence or information concerning the personal factors of the application that the applicant considers to be relevant to the determination of whether there is an overriding public interest against disclosure of the information applied for.\n> \n> > (5) An agency may, as a precondition to providing access to information to an applicant, require the applicant to provide evidence concerning any personal factors of the application that were relevant to a decision by the agency that there was not an overriding public interest against disclosure of the information and, for that purpose, require the applicant to take reasonable steps to provide proof of his or her identity.\n> \n> > (6) An agency is under no obligation to inquire into, or verify claims made by an access applicant or any other person about, the personal factors of the application but is entitled to have regard to evidence or information provided by the applicant or other person.\n> \n> Note.\n> \n> An agency is not entitled to impose any conditions on the use or disclosure of information when the agency provides access to the information in response to an access application. See section 73.\n> \n> **s 55:** Am 2012 No 7, Sch 1 \\[13\\]; 2018 No 89, Sch 1 \\[15\\].","sortOrder":78},{"sectionNumber":"56","sectionType":"section","heading":"Authorised objector can object to inclusion in disclosure log","content":"#### 56 Authorised objector can object to inclusion in disclosure log\n\n56 Authorised objector can object to inclusion in disclosure log\n\n> > (1) Each of the following persons (an authorised objector) can object to the inclusion in the agency’s disclosure log of all or specified information concerning an access application—\n> > \n> > > (a) the access applicant,\n> > \n> > > (b) any other person with whom the agency has consulted (or is required to consult) under section 54 before providing access to the information sought in the application.\n> \n> > (1A) An objection can include reasons for the objection and, in the case of an objection by an access applicant, can be made as part of the access application or separately.\n> \n> > (2) The grounds on which an authorised objector is entitled to object to the inclusion of information in an agency’s disclosure log are limited to any one or more of the following—\n> > \n> > > (a) the information includes personal information about the authorised objector (or a deceased person for whom the authorised objector is the personal representative),\n> > \n> > > (b) the information concerns the authorised objector’s business, commercial, professional or financial interests,\n> > \n> > > (c) the information concerns research, or the compilation or analysis of statistics, that has been, is being, or is intended to be, carried out by or on behalf of the authorised objector,\n> > \n> > > (d) the information concerns the affairs of a government of the Commonwealth or another State (and the authorised objector is that government).\n> \n> > (3) If an authorised objector has objected to the inclusion of information in the agency’s disclosure log, the agency must decide—\n> > \n> > > (a) whether the authorised objector is entitled to object, and\n> > \n> > > (b) if the agency decides that the authorised objector is entitled to object, whether the objection outweighs the general public interest in including the information in the disclosure log.\n> \n> > (4) If an access applicant has objected to the inclusion of information in the agency’s disclosure log, the agency’s notice of decision of the access application must indicate—\n> > \n> > > (a) the agency’s decision about whether the applicant was entitled to object, and\n> > \n> > > (b) (if the agency has decided that the applicant was entitled to object) the agency’s decision on whether to include the information in its disclosure log.\n> > \n> > Note.\n> > \n> > The agency’s decisions are reviewable under Part 5.\n> \n> > (4A) If a person referred to in subsection (1) (b) has objected to the inclusion of information in the agency’s disclosure log, the agency must, as soon as is reasonably practicable after the decision concerned is made (and in any event within 5 working days after the decision is made), give the person a written notice that indicates—\n> > \n> > > (a) the agency’s decision about whether the person was entitled to object, and\n> > \n> > > (b) (if the agency has decided that the person was entitled to object) the agency’s decision on whether to include the information in its disclosure log.\n> \n> > (5) An agency that decides that an authorised objector was not entitled to object to the inclusion of information in the agency’s disclosure log is entitled to immediately include the information in the disclosure log.\n> \n> > (6) An agency that decides that an authorised objector was entitled to object to the inclusion of information in the agency’s disclosure log but decides to include the information despite the objection must not include the information while the objector is entitled to apply for a review of the agency’s decision under Part 5 (ignoring any period that may be available by way of extension of time to apply for review), or any review duly applied for is pending.\n> \n> **s 56:** Am 2012 No 7, Sch 1 \\[14\\]–\\[18\\]; 2018 No 89, Sch 1 \\[16\\] \\[17\\].","sortOrder":79},{"sectionNumber":"57","sectionType":"section","heading":"Required period for deciding application","content":"#### 57 Required period for deciding application\n\n57 Required period for deciding application\n\n> > (1) An agency must decide an access application and give the applicant notice of the agency’s decision within 20 working days (the decision period) after the agency receives the application.\n> \n> > (2) The decision period can be extended by up to 10 working days for either or both of the following reasons (with a maximum extension under this subsection of 15 working days for any particular access application)—\n> > \n> > > (a) consultation with another person is required under a provision of this Act,\n> > \n> > > (b) records are required to be retrieved from a records archive.\n> > \n> > Note.\n> > \n> > The decision period can only be extended to allow for mandatory consultation, not just consultation that the agency chooses to do.\n> \n> > (3) The regulations can also provide for the extension (and further extension) of the decision period.\n> \n> > (4) The decision period can also be extended (and further extended) by agreement with the applicant.\n> > \n> > Note.\n> > \n> > A decision by an agency to refuse to agree to extending the decision period is not a reviewable decision.\n> \n> > (5) The agency must as soon as practicable after the decision period is extended (and in any case within 5 working days after it is extended) give the applicant notice of any extension of the decision period (including any extension by agreement with the applicant), indicating the date on which the extended decision period will end.\n> \n> > (6) An access application is considered to have been decided within time if the agency decides the application and gives the applicant notice of the agency’s decision within the decision period. The decision period is also referred to in other provisions of this Act as the period within which an application is required to be decided.","sortOrder":81},{"sectionNumber":"58","sectionType":"section","heading":"How applications are decided","content":"#### 58 How applications are decided\n\n58 How applications are decided\n\n> > (1) An agency decides an access application for government information by—\n> > \n> > > (a) deciding to provide access to the information, or\n> > \n> > > (b) deciding that the information is not held by the agency, or\n> > \n> > > (c) deciding that the information is already available to the applicant (see section 59), or\n> > \n> > > (d) deciding to refuse to provide access to the information because there is an overriding public interest against disclosure of the information, or\n> > \n> > > (e) deciding to refuse to deal with the application (see section 60), or\n> > \n> > > (f) deciding to refuse to confirm or deny that information is held by the agency because there is an overriding public interest against disclosure of information confirming or denying that fact.\n> > \n> > Note.\n> > \n> > These decisions are reviewable under Part 5.\n> \n> > (2) More than one decision can be made in respect of a particular access application, so as to deal with the various items of information applied for.\n> \n> > (3) If an agency finds that information or additional information is held by the agency after deciding an access application, the agency can make a further decision that replaces or supplements the original decision, but cannot be required to make a further decision in such a case. The further decision can be made even if the period within which the application is required to be decided has expired.","sortOrder":82},{"sectionNumber":"59","sectionType":"section","heading":"Decision that information already available to applicant","content":"#### 59 Decision that information already available to applicant\n\n59 Decision that information already available to applicant\n\n> > (1) An agency can decide that information is already available to an applicant only if the information is—\n> > \n> > > (a) made publicly available by the agency or some other agency in accordance with a legislative instrument other than this Act, whether or not availability of the information is by inspection only and whether or not availability is subject to a charge, or\n> > \n> > > (b) available to the applicant from, or for inspection at, the agency free of charge in accordance with this Act or the agency’s policies and practices, or\n> > \n> > > (c) contained in a document that is usually available for purchase, or\n> > \n> > > (d) available to the applicant as the applicant has already been provided with access to the information and the agency has no reason to believe the information is no longer in the applicant’s possession, or\n> > \n> > > (e) publicly available on a website, or\n> > \n> > > (f) available to the applicant by way of a standing rule or order of the Legislative Council or Legislative Assembly.\n> \n> > (2) An agency is not required to provide access to information that the agency has decided is already available to the applicant, but notice of the decision must indicate why the agency believes the information is already available to the applicant and, if necessary, how the information can be accessed by the applicant.\n> \n> **s 59:** Am 2018 No 89, Sch 1 \\[18\\] \\[19\\].","sortOrder":83},{"sectionNumber":"60","sectionType":"section","heading":"Decision to refuse to deal with application","content":"#### 60 Decision to refuse to deal with application\n\n60 Decision to refuse to deal with application\n\n> > (1) An agency may refuse to deal with an access application (in whole or in part) for any of the following reasons (and for no other reason)—\n> > \n> > > (a) dealing with the application would require an unreasonable and substantial diversion of the agency’s resources,\n> > \n> > > (b) the agency has already decided a previous application for the information concerned (or information that is substantially the same as that information) made by the applicant and there are no reasonable grounds for believing that the agency would make a different decision on the application,\n> > \n> > > (b1) the applicant has previously been provided with access to the information concerned under this Act or the [Freedom of Information Act 1989](/view/html/repealed/current/act-1989-005),\n> > \n> > > (c) the applicant has failed to pay an advance deposit that is payable in connection with the application,\n> > > \n> > > Note.\n> > > \n> > > See section 70.\n> > \n> > > (d) the information is or has been the subject of a subpoena or other order of a court for the production of documents and is available to the applicant as a result of having been produced in compliance with the subpoena or other order,\n> > \n> > > (e) the agency reasonably believes the applicant, or a person acting in concert with the applicant, is—\n> > > \n> > > > (i) a party to current proceedings before a court, and\n> > > \n> > > > (ii) able to apply to that court for the information.\n> \n> > (2) In deciding whether dealing with an application would require an unreasonable and substantial diversion of an agency’s resources, the agency is not required to have regard to any extension by agreement between the applicant and the agency of the period within which the application is required to be decided.\n> \n> > (3) In deciding whether dealing with an application would require an unreasonable and substantial diversion of an agency’s resources, the agency is entitled to consider 2 or more applications (including any previous application) as the one application if the agency determines that the applications are related and are made by the same applicant or by persons who are acting in concert in connection with those applications.\n> \n> > (3A) In deciding whether dealing with an application would require an unreasonable and substantial diversion of an agency’s resources, the agency may, without limitation, take into account the following considerations—\n> > \n> > > (a) the estimated volume of information involved in the request,\n> > \n> > > (b) the agency’s size and resources,\n> > \n> > > (c) the decision period under section 57.\n> \n> > (3B) Any consideration under subsection (3A) must, on balance, outweigh—\n> > \n> > > (a) the general public interest in favour of the disclosure of government information, and\n> > \n> > > (b) the demonstrable importance of the information to the applicant, including whether the information—\n> > > \n> > > > (i) is personal information that relates to the applicant, or\n> > > \n> > > > (ii) could assist the applicant in exercising any rights under any Act or law.\n> \n> > (4) Before refusing to deal with an access application because dealing with it would require an unreasonable and substantial diversion of an agency’s resources, the agency must give the applicant a reasonable opportunity to amend the application. The period within which the application is required to be decided stops running while the applicant is being given an opportunity to amend the application.\n> \n> > (5) Notice of an agency’s decision to refuse to deal with an access application must state the agency’s reasons for the refusal.\n> \n> > (6) An applicant is not entitled to a refund of the application fee when the agency refuses to deal with the application.\n> \n> **s 60:** Am 2012 No 7, Sch 1 \\[19\\]; 2018 No 89, Sch 1 \\[20\\] \\[21\\].","sortOrder":84},{"sectionNumber":"61","sectionType":"section","heading":"Notice of decision to refuse to provide access","content":"#### 61 Notice of decision to refuse to provide access\n\n61 Notice of decision to refuse to provide access\n\n> Notice of an agency’s decision to refuse to provide access to information because there is an overriding public interest against disclosure of the information must state the following—\n> \n> > (a) the agency’s reasons for its decision,\n> \n> > (b) the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based,\n> \n> > (c) the general nature and the format of the records held by the agency that contain the information concerned.","sortOrder":85},{"sectionNumber":"62","sectionType":"section","heading":"Notice of processing charges","content":"#### 62 Notice of processing charges\n\n62 Notice of processing charges\n\n> Notice of an agency’s decision to provide access to information must state whether any processing charges will be payable for access to the information and indicate how those charges have been calculated.","sortOrder":86},{"sectionNumber":"63","sectionType":"section","heading":"Deemed refusal if application not decided within time","content":"#### 63 Deemed refusal if application not decided within time\n\n63 Deemed refusal if application not decided within time\n\n> > (1) If an agency does not decide an access application within time, the agency is deemed to have decided to refuse to deal with the application and any application fee paid by the applicant is to be refunded.\n> > \n> > Note.\n> > \n> > A deemed decision to refuse to deal with an application is reviewable under Part 5.\n> \n> > (2) The deemed refusal to deal with an application does not prevent the agency from continuing to deal with the application and subsequently deciding the application and giving notice of its decision (a late decision) on the application.\n> \n> > (3) The obligation to refund an application fee to the applicant is not affected by the making of the late decision and the late decision does not entitle the agency to payment of an application fee.\n> \n> > (4) No processing charge can be imposed for dealing with an access application if the application was not decided within time (whether or not a late decision is made on the application).\n> \n> > (5) Despite this section, the obligation to refund an application fee to the applicant does not apply to any application that was transferred to or from the agency.\n> \n> **s 63:** Am 2018 No 89, Sch 1 \\[22\\].","sortOrder":87},{"sectionNumber":"64","sectionType":"section","heading":"Processing charge for dealing with access application","content":"#### 64 Processing charge for dealing with access application\n\n64 Processing charge for dealing with access application\n\n> > (1) An agency may impose a charge (a processing charge) for dealing with an access application at a rate of $30 per hour for each hour of processing time for the application.\n> > \n> > Note.\n> > \n> > The decision to impose a processing charge is reviewable under Part 5.\n> \n> > (2) The processing time for an application is the total amount of time that is necessary to be spent by any officer of the agency in—\n> > \n> > > (a) dealing efficiently with the application (including consideration of the application, searching for records, consultation, decision-making and any other function exercised in connection with deciding the application), or\n> > \n> > > (b) providing access in response to the application (based on the lowest reasonable estimate of the time that will need to be spent in providing that access).\n> \n> > (3) The application fee of $30 paid by an applicant counts as a payment towards any processing charge payable by the applicant.\n> \n> > (4) Access to government information granted in response to an access application may be made conditional on payment of any processing charge imposed for dealing with the application.\n> \n> > (5) A processing charge must not be discounted under section 65 or 66 by more than 50% even if both sections apply.\n> \n> **s 64:** Am 2018 No 89, Sch 1 \\[23\\].","sortOrder":89},{"sectionNumber":"65","sectionType":"section","heading":"Discounted processing charge—financial hardship","content":"#### 65 Discounted processing charge—financial hardship\n\n65 Discounted processing charge—financial hardship\n\n> > (1) An applicant is entitled to a 50% reduction in a processing charge imposed by an agency if the agency is satisfied that the applicant is suffering financial hardship.\n> > \n> > Note.\n> > \n> > The discount applies only to the processing charge, not the application fee. If a 50% reduction in processing charge applies, the application fee will pay for the first 2 hours of processing time (not just the first hour). See section 64.\n> \n> > (2) The agency may refuse to allow the discount if satisfied that the applicant is making the application on behalf of another person in order to obtain the discount for that person.\n> \n> > (3) The regulations may prescribe circumstances that constitute financial hardship.\n> \n> Note.\n> \n> A decision to refuse to reduce a processing charge is reviewable under Part 5.","sortOrder":90},{"sectionNumber":"66","sectionType":"section","heading":"Discounted processing charge—special public benefit","content":"#### 66 Discounted processing charge—special public benefit\n\n66 Discounted processing charge—special public benefit\n\n> > (1) An applicant is entitled to a 50% reduction in a processing charge imposed by an agency if the agency is satisfied that the information applied for is of special benefit to the public generally.\n> > \n> > Note.\n> > \n> > The discount applies only to the processing charge, not the application fee. If a 50% reduction in processing charge applies, the application fee will pay for the first 2 hours of processing time (not just the first hour). See section 64.\n> > \n> > A decision to refuse to reduce a processing charge is reviewable under Part 5.\n> \n> > (2) If the information applied for was not publicly available at the time the application was received but the agency makes the information publicly available either before or within 3 working days after providing access to the applicant, the applicant is entitled to a full waiver of the processing charge imposed by the agency.\n> \n> > (3) The Information Commissioner may, for the assistance of agencies, publish guidelines about reductions in processing charges under this section.","sortOrder":91},{"sectionNumber":"67","sectionType":"section","heading":"Waiver of processing charge for personal information application","content":"#### 67 Waiver of processing charge for personal information application\n\n67 Waiver of processing charge for personal information application\n\n> If an access application is made for personal information about the applicant (the applicant being an individual), the agency cannot impose any processing charge for the first 20 hours of processing time for the application.\n> \n> Note.\n> \n> This does not limit an agency’s power to reduce, waive or refund processing charges under section 127.","sortOrder":92},{"sectionNumber":"68","sectionType":"section","heading":"Advance deposit for payment of processing charge","content":"#### 68 Advance deposit for payment of processing charge\n\n68 Advance deposit for payment of processing charge\n\n> > (1) An agency may by notice to an applicant require the applicant to make an advance payment of a processing charge (as an advance deposit).\n> > \n> > Note.\n> > \n> > The decision to require an advance deposit is reviewable under Part 5.\n> \n> > (2) The period within which the application is required to be decided stops running from when the decision to require an advance deposit is made until payment of the advance deposit is received by the agency.\n> \n> > (3) The notice requiring an advance deposit must—\n> > \n> > > (a) include a statement of the processing charges for work already undertaken by the agency in dealing with the application, and\n> > \n> > > (b) include a statement of the estimated processing charges for work expected to be required to be undertaken by the agency in dealing with the application, and\n> > \n> > > (c) specify a date by which the advance deposit must be paid (being a date at least 20 working days after the date the notice is given), and\n> > \n> > > (d) include a statement that if the advance deposit is not paid by the due date the agency may refuse to deal further with the application and that this will result in any application fee and advance deposit already paid being forfeited.\n> \n> > (4) An agency can extend the date by which an advance deposit must be paid and is to give the applicant notice of any extension (indicating the new date by which the advance deposit must be paid).\n> \n> **s 68:** Am 2012 No 7, Sch 1 \\[20\\].","sortOrder":93},{"sectionNumber":"69","sectionType":"section","heading":"Maximum advance deposit","content":"#### 69 Maximum advance deposit\n\n69 Maximum advance deposit\n\n> > (1) The maximum advance deposit that can be required is 50% of the amount that the agency estimates to be the total processing charge for dealing with the application (ignoring any reduction in processing charge to which the applicant may be entitled).\n> > \n> > Note.\n> > \n> > An applicant can pay the full amount of the agency’s estimate of the total processing charge in advance if the applicant wants to, but the applicant cannot be required to pay more than 50% of the estimate as an advance deposit.\n> \n> > (2) More than one advance deposit can be required so long as the total of the advance deposits required does not exceed the maximum advance deposit.","sortOrder":94},{"sectionNumber":"70","sectionType":"section","heading":"Result of failing to pay advance deposit","content":"#### 70 Result of failing to pay advance deposit\n\n70 Result of failing to pay advance deposit\n\n> > (1) An agency may refuse to deal further with an access application if the applicant has failed to pay an advance deposit within the time required for payment (unless the applicant has applied for review under Part 5 of the decision to require the advance deposit within the time required for payment of the advance deposit).\n> > \n> > Note.\n> > \n> > The decision to refuse to deal further with an access application is reviewable under Part 5.\n> \n> > (2) An agency must give notice to the applicant of its decision to refuse to deal further with the application.\n> \n> > (3) The review under Part 5 of a decision to refuse to deal further with an application for failure to pay an advance deposit is to be a review of both the decision to refuse to deal further with the application and the decision to impose the advance deposit (unless the decision to impose the advance deposit has already been reviewed under that Part).","sortOrder":95},{"sectionNumber":"71","sectionType":"section","heading":"Refund of advance deposit","content":"#### 71 Refund of advance deposit\n\n71 Refund of advance deposit\n\n> > (1) An applicant is entitled to a refund of advance deposits paid by the applicant to the extent (if any) that the advance deposits paid exceed the total processing charges payable for dealing with the application.\n> \n> > (2) An applicant is entitled to a refund of any advance deposit paid if the agency does not decide the access application within time.\n> > \n> > Note.\n> > \n> > An agency cannot impose a processing charge if it does not decide an application within time.","sortOrder":96},{"sectionNumber":"Division 6","sectionType":"division","heading":"How access is provided","content":"## Division 6 How access is provided\n\nDivision 6 How access is provided","sortOrder":97},{"sectionNumber":"72","sectionType":"section","heading":"Forms of access","content":"#### 72 Forms of access\n\n72 Forms of access\n\n> > (1) Access to government information in response to an access application may be provided in any of the following ways—\n> > \n> > > (a) by providing a reasonable opportunity to inspect a record containing the information,\n> > \n> > > (b) by providing a copy of a record containing the information,\n> > \n> > > (c) by providing access to a record containing the information, together with such facilities as may be necessary to enable the information to be read, viewed or listened to (as appropriate to the kind of record concerned),\n> > \n> > > (d) by providing a written transcript of the information in the case of information recorded in an audio record or recorded in shorthand or other encoded format.\n> \n> > (2) The agency must provide access in the way requested by the applicant unless—\n> > \n> > > (a) to do so would interfere unreasonably with the operations of the agency or would result in the agency incurring unreasonable additional costs, or\n> > \n> > > (b) to do so would be detrimental to the proper preservation of the record, or\n> > \n> > > (c) to do so would involve an infringement of copyright, or\n> > \n> > > (d) there is an overriding public interest against disclosure of the information in the way requested by the applicant.\n> \n> Note.\n> \n> Decisions about how to provide access are reviewable under Part 5.","sortOrder":98},{"sectionNumber":"73","sectionType":"section","heading":"Access to be unconditional","content":"#### 73 Access to be unconditional\n\n73 Access to be unconditional\n\n> > (1) An agency is not entitled to impose any conditions on the use or disclosure of information when the agency provides access to the information in response to an access application.\n> \n> > (2) A condition may be imposed as to how a right of access may be exercised (such as a condition that prevents an applicant making notes from or taking a copy of a record that is made available for inspection) but only to avoid there being an overriding public interest against disclosure of the information.\n> \n> > (3) A condition may be imposed that access to medical or psychiatric information will only be provided to a medical practitioner nominated by the applicant and not to the applicant personally.\n> \n> Note.\n> \n> Access can also be made conditional on the payment of processing charges (s 64) and on the provision of evidence of identity or other personal factors relevant to the agency’s decision to provide access (s 55).","sortOrder":99},{"sectionNumber":"74","sectionType":"section","heading":"Deletion of information from copy of record to be accessed","content":"#### 74 Deletion of information from copy of record to be accessed\n\n74 Deletion of information from copy of record to be accessed\n\n> An agency can delete information from a copy of a record to which access is to be provided in response to an access application (so as to provide access only to the other information that the record contains) either because the deleted information is not relevant to the information applied for or because (if the deleted information was applied for) the agency has decided to refuse to provide access to that information.","sortOrder":100},{"sectionNumber":"75","sectionType":"section","heading":"Providing access by creating new record","content":"#### 75 Providing access by creating new record\n\n75 Providing access by creating new record\n\n> > (1) An agency is not prevented from providing access in response to an access application to government information held by the agency by making and providing access to a new record of that information.\n> \n> > (2) An agency’s obligation to provide access to government information in response to an access application does not require the agency to do any of the following—\n> > \n> > > (a) make a new record of information held by the agency,\n> > \n> > > (b) update or verify information held by the agency,\n> > \n> > > (c) create new information, or produce a new record of information, by deduction, inference or calculation from information held by the agency or by any other use or application of information held by the agency.","sortOrder":101},{"sectionNumber":"76","sectionType":"section","heading":"Providing access to information not applied for","content":"#### 76 Providing access to information not applied for\n\n76 Providing access to information not applied for\n\n> An agency is authorised to provide access to government information in response to an access application that is in addition to the information applied for, unless there is an overriding public interest against disclosure.","sortOrder":102},{"sectionNumber":"77","sectionType":"section","heading":"Period within which access rights must be exercised","content":"#### 77 Period within which access rights must be exercised\n\n77 Period within which access rights must be exercised\n\n> > (1) When an agency decides to provide access to government information the applicant has a period of 6 months (the access period) to access the information.\n> \n> > (2) The access period starts from when notice of the decision to grant access is given to the applicant (even if access is conditional on payment of any processing charge). If the agency has decided to defer providing access, the access period starts from the end of the deferral.\n> \n> > (3) The agency may extend and further extend the access period in a particular case by notice to the applicant.\n> \n> > (4) An access applicant’s entitlement to access lapses at the end of the access period.","sortOrder":103},{"sectionNumber":"78","sectionType":"section","heading":"Deferral of access","content":"#### 78 Deferral of access\n\n78 Deferral of access\n\n> > (1) An agency that has decided to provide access to government information in response to an access application may defer providing that access if—\n> > \n> > > (a) the information is contained in a record (or a draft of or extract from a record) that, by or under this Act or some other legislative instrument, is required to be published but is yet to be published, or\n> > \n> > > (b) the information is contained in a record (or a draft of or extract from a record) that has been prepared for presentation to Parliament, or that has been designated by the responsible Minister for the agency as appropriate for presentation to Parliament, but is yet to be presented, or\n> > \n> > > (c) the information is contained in a record (or a draft of or extract from a record) that has been prepared for submission to a particular person or body, or that has been designated by the responsible Minister for the agency as appropriate for submission to a particular person or body, but is yet to be submitted.\n> > \n> > Note.\n> > \n> > A decision to defer access is reviewable under Part 5.\n> \n> > (2) Access may be deferred only until the record has been so published, presented or submitted.\n> \n> > (3) If access is to be deferred, the notice of decision of the access application given to the applicant must state that access is to be deferred and state the date on which access will be provided or (if that date is not known) describe the event following which access will be provided and the expected date of that event.\n> \n> > (4) If access to information is deferred for more than 12 months, the applicant is entitled to make a further access application for the information. No application fee or processing charge is payable in respect of the further application and access pursuant to the further application cannot be deferred under this section.","sortOrder":104},{"sectionNumber":"79","sectionType":"section","heading":"Provision of information subject to subpoena","content":"#### 79 Provision of information subject to subpoena\n\n79 Provision of information subject to subpoena\n\n> > (1) An agency need not comply with a requirement of a subpoena or other order of a court for the production of a document that the person who requested the issue of the subpoena or applied for the order has been given access to by the agency in response to an access application made by the person.\n> > \n> > Note.\n> > \n> > An agency may refuse to deal with an access application if the information is or was available to the applicant by way of a subpoena or order of the court—see section 60 (1) (d).\n> \n> > (2) This section does not apply if the court that issued the subpoena or order specifically orders to the contrary.\n> \n> **s 79:** Am 2018 No 89, Sch 1 \\[24\\].","sortOrder":105},{"sectionNumber":"Part 5","sectionType":"part","heading":"Review of decisions","content":"# Part 5 Review of decisions\n\nPart 5 Review of decisions","sortOrder":106},{"sectionNumber":"80","sectionType":"section","heading":"Which decisions are reviewable decisions","content":"#### 80 Which decisions are reviewable decisions\n\n80 Which decisions are reviewable decisions\n\n> The following decisions of an agency in respect of an access application are reviewable decisions for the purposes of this Part—\n> \n> > (a) a decision that an application is not a valid access application,\n> \n> > (b) a decision to transfer an access application to another agency, as an agency-initiated transfer,\n> \n> > (c) a decision to refuse to deal with an access application (including such a decision that is deemed to have been made),\n> \n> > (d) a decision to provide access or to refuse to provide access to information in response to an access application,\n> \n> > (e) a decision that government information is not held by the agency,\n> \n> > (f) a decision that information applied for is already available to the applicant,\n> \n> > (g) a decision to refuse to confirm or deny that information is held by the agency,\n> \n> > (h) a decision to defer the provision of access to information in response to an access application,\n> \n> > (i) a decision to provide access to information in a particular way in response to an access application (or a decision not to provide access in the way requested by the applicant),\n> \n> > (j) a decision to impose a processing charge or to require an advance deposit,\n> \n> > (k) a decision to refuse a reduction in a processing charge,\n> \n> > (l) a decision to refuse to deal further with an access application because an applicant has failed to pay an advance deposit within the time required for payment,\n> \n> > (m) a decision to include information in a disclosure log despite an objection by an authorised objector (or a decision that an authorised objector was not entitled to object).\n> \n> **s 80:** Am 2012 No 7, Sch 1 \\[21\\].","sortOrder":108},{"sectionNumber":"81","sectionType":"section","heading":"Extended review period where more than one decision made","content":"#### 81 Extended review period where more than one decision made\n\n81 Extended review period where more than one decision made\n\n> When more than one reviewable decision is made in respect of a particular access application and those decisions are made at different times, the period (the review period) within which a person may apply for a review under this Part of any of those decisions is extended to the end of the review period for the last of those decisions.","sortOrder":109},{"sectionNumber":"82","sectionType":"section","heading":"Right of internal review","content":"#### 82 Right of internal review\n\n82 Right of internal review\n\n> > (1) A person aggrieved by a reviewable decision of an agency is entitled to a review of the decision by the agency that made the decision (which is referred to in this Part as an internal review).\n> \n> > (2) Internal review of a decision is not available if the decision is made by the principal officer of the agency or a Minister (or a member of the Minister’s personal staff).\n> \n> > (3) An internal review can be limited to a particular aspect of a reviewable decision (such as by being limited to particular information to which the decision relates).\n> \n> > (4) There is to be no internal review of a decision that is or has been the subject of review by the Information Commissioner under this Part except internal review conducted on the recommendation of the Information Commissioner.\n> \n> > (5) There is to be no internal review of a decision that is or has been the subject of an administrative review by NCAT as provided by this Part.\n> \n> **s 82:** Am 2012 No 7, Sch 1 \\[22\\]; 2013 No 95, Sch 2.69 \\[1\\].","sortOrder":111},{"sectionNumber":"83","sectionType":"section","heading":"Time within which internal review can be applied for","content":"#### 83 Time within which internal review can be applied for\n\n83 Time within which internal review can be applied for\n\n> > (1) Internal review of a decision cannot be applied for more than 20 working days after notice of the decision is given to the access applicant or (in the case of the deemed refusal by an agency to deal with an access application) more than 20 working days after the deemed refusal.\n> \n> > (2) An agency can agree to accept an application for internal review out of time.\n> \n> > (3) An agency must acknowledge receipt of an application for internal review by notice to the applicant for review given as soon as practicable after the agency receives the application and in any event within 5 working days after the application is received.","sortOrder":112},{"sectionNumber":"84","sectionType":"section","heading":"Conduct of internal review","content":"#### 84 Conduct of internal review\n\n84 Conduct of internal review\n\n> > (1) An internal review is to be done by making a new decision, as if the decision being reviewed (the original decision) had not been made, with the new decision being made as if it were being made when the access application to which the review relates was originally received.\n> \n> > (2) An internal review is not to be done by the person who made the original decision and is not to be done by a person who is less senior than the person who made the original decision.","sortOrder":113},{"sectionNumber":"85","sectionType":"section","heading":"Fee for internal review","content":"#### 85 Fee for internal review\n\n85 Fee for internal review\n\n> > (1) A fee of $40 is payable by the applicant for an internal review.\n> > \n> > Note.\n> > \n> > Section 127 enables an agency to waive, reduce or refund a fee payable or paid under this Act in any case that the agency thinks appropriate, subject to the regulations.\n> \n> > (2) No fee is payable for internal review of a decision to refuse to deal with an access application if the decision arises because the agency did not decide the access application within time (and as a result is deemed to have refused to deal with the application).\n> \n> **s 85:** Am 2018 No 89, Sch 1 \\[25\\].","sortOrder":114},{"sectionNumber":"86","sectionType":"section","heading":"Required period for determination of internal review","content":"#### 86 Required period for determination of internal review\n\n86 Required period for determination of internal review\n\n> > (1) An agency must make its decision on an internal review and give the applicant notice of the agency’s decision within 15 working days (the review period) after the agency receives the application for internal review.\n> \n> > (1A) If the agency reasonably believes more than one person is entitled to an internal review of any reviewable decision for the same access application, the review period does not commence until the expiration of the time within which an internal review can be applied for under this Part by any of those persons.\n> \n> > (2) The review period can be extended by up to 10 working days if consultation is required with another person with whom the agency has not previously consulted in relation to the application.\n> \n> > (3) The agency must (before the review period ends) give the applicant notice of any extension of the review period and indicate the date on which the extended review period will end.\n> \n> > (4) The review period can also be extended by agreement with the applicant for review.\n> \n> > (5) If a decision on the internal review is not made within the review period, the agency is deemed to have made that decision by making the original decision again, and the applicant for review is entitled to a refund of any fee paid to the agency for the review.\n> \n> **s 86:** Am 2018 No 89, Sch 1 \\[26\\].","sortOrder":115},{"sectionNumber":"87","sectionType":"section","heading":"No processing charges for internal review","content":"#### 87 No processing charges for internal review\n\n87 No processing charges for internal review\n\n> > (1) An agency is not entitled to impose any processing charges for work done in connection with an internal review.\n> \n> > (2) This section does not affect any requirement to pay a processing charge imposed in connection with the original decision (unless the decision on the internal review otherwise requires).","sortOrder":116},{"sectionNumber":"88","sectionType":"section","heading":"No internal review of decision on internal review","content":"#### 88 No internal review of decision on internal review\n\n88 No internal review of decision on internal review\n\n> A person is not entitled to an internal review of a decision made on the internal review of a reviewable decision.","sortOrder":117},{"sectionNumber":"89","sectionType":"section","heading":"Right to have decision reviewed by Information Commissioner","content":"#### 89 Right to have decision reviewed by Information Commissioner\n\n89 Right to have decision reviewed by Information Commissioner\n\n> > (1) A person aggrieved by a reviewable decision of an agency is entitled to have the decision reviewed by the Information Commissioner under this Division.\n> \n> > (2) A reviewable decision must be the subject of an internal review by the agency under this Part before it can be reviewed by the Information Commissioner unless—\n> > \n> > > (a) the aggrieved person is the access applicant, or\n> > \n> > > (b) an internal review of the decision is not available to the aggrieved person under this Part.\n> \n> > (3) The Information Commissioner may exercise any function of the Information Commissioner under the [Government Information (Information Commissioner) Act 2009](/view/html/inforce/current/act-2009-053) for the purposes of or in connection with the review of a reviewable decision of an agency.\n> \n> > (4) Conduct of an agency that constitutes a reviewable decision of the agency cannot be the subject of a complaint to the Information Commissioner under section 17 of the [Government Information (Information Commissioner) Act 2009](/view/html/inforce/current/act-2009-053).\n> \n> **s 89:** Am 2012 No 7, Sch 1 \\[23\\].","sortOrder":119},{"sectionNumber":"90","sectionType":"section","heading":"Time limit for applying for review by Information Commissioner","content":"#### 90 Time limit for applying for review by Information Commissioner\n\n90 Time limit for applying for review by Information Commissioner\n\n> An application for the review of a decision by the Information Commissioner must be made within 40 working days after notice of the decision to which the review relates is given to the applicant.\n> \n> **s 90:** Am 2012 No 7, Sch 1 \\[24\\].","sortOrder":120},{"sectionNumber":"91","sectionType":"section","heading":"Disclosure of public interest information","content":"#### 91 Disclosure of public interest information\n\n91 Disclosure of public interest information\n\n> The Information Commissioner must not, in the exercise of functions in connection with a review under this Division, disclose any information for which there is (or for which an agency claims there is) an overriding public interest against disclosure.","sortOrder":121},{"sectionNumber":"92","sectionType":"section","heading":"Recommendations on review","content":"#### 92 Recommendations on review\n\n92 Recommendations on review\n\n> > (1) On a review of a decision under this Division, the Information Commissioner may make such recommendations to the agency about the decision as the Information Commissioner thinks appropriate.\n> \n> > (2) The recommendations specifically provided for by this Division do not limit the recommendations that the Information Commissioner can make.","sortOrder":122},{"sectionNumber":"92A","sectionType":"section","heading":"Required period for review","content":"#### 92A Required period for review\n\n92A Required period for review\n\n> > (1) The Information Commissioner must complete the review, and make any recommendations to the agency, within 40 working days (the review period) after the Information Commissioner receives all information the Information Commissioner considers necessary to complete the review.\n> \n> > (2) The review period may be extended by the Information Commissioner on agreement with the applicant for review. The Information Commissioner must notify the agency if the review period is extended.\n> \n> > (3) If the Information Commissioner has not made any recommendations within the review period, the Information Commissioner is deemed to have made no recommendations to the agency.\n> \n> > (4) The applicant for review must be notified by the Information Commissioner of the completion of the review and of any recommendations made by the Information Commissioner to the agency.\n> \n> **s 92A:** Ins 2018 No 89, Sch 1 \\[27\\].","sortOrder":123},{"sectionNumber":"93","sectionType":"section","heading":"Recommendation for reconsideration of matter by agency","content":"#### 93 Recommendation for reconsideration of matter by agency\n\n93 Recommendation for reconsideration of matter by agency\n\n> > (1) The Information Commissioner may recommend that the agency reconsider the decision that is the subject of the Information Commissioner’s review and make a new decision as if the decision reviewed had not been made.\n> \n> > (2) The agency may, pursuant to such a recommendation, reconsider the decision and make a new decision, whether or not the decision has already been the subject of internal review by the agency.\n> \n> > (3) The agency’s reconsideration of a decision is to be by way of internal review of the decision (under Division 2) unless the decision has already been internally reviewed, in which case the agency is to reconsider the decision and make a new decision.\n> \n> > (4) Unlike an internal review, the reconsideration of a decision that is not an internal review—\n> > \n> > > (a) can be done by the person who made the original decision, and\n> > \n> > > (b) can be the reconsideration of a decision made by the principal officer of the agency.\n> \n> > (5) The reconsideration of a decision that is not an internal review cannot be done by a person who is less senior than the person who made the original decision.\n> \n> > (6) No fee is payable for any reconsideration (including by way of an internal review) of a decision pursuant to a recommendation of the Information Commissioner.\n> \n> **s 93:** Am 2012 No 7, Sch 1 \\[25\\].","sortOrder":124},{"sectionNumber":"94","sectionType":"section","heading":"Recommendation as to public interest against disclosure","content":"#### 94 Recommendation as to public interest against disclosure\n\n94 Recommendation as to public interest against disclosure\n\n> > (1) The Information Commissioner may make a recommendation against a decision of an agency that there is an overriding public interest against disclosure of government information.\n> \n> > (2) The Information Commissioner must consult with the Privacy Commissioner before making a recommendation under this section about a decision that concerns a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to section 14).\n> \n> > (3) Despite section 91, the Information Commissioner may disclose information to the Privacy Commissioner in the course of consulting with the Privacy Commissioner under this section.\n> \n> **s 94:** Am 2010 No 71, Sch 3 \\[2\\]; 2012 No 60, Sch 8.","sortOrder":125},{"sectionNumber":"95","sectionType":"section","heading":"Recommendation as to general procedure of agency","content":"#### 95 Recommendation as to general procedure of agency\n\n95 Recommendation as to general procedure of agency\n\n> The Information Commissioner may make a recommendation that any general procedure of an agency in relation to dealing with access applications be changed to conform to the requirements of this Act or to further the object of this Act.","sortOrder":126},{"sectionNumber":"96","sectionType":"section","heading":"Information Commissioner may refuse to review decision","content":"#### 96 Information Commissioner may refuse to review decision\n\n96 Information Commissioner may refuse to review decision\n\n> The Information Commissioner may refuse to review or to deal further with a review of a decision of an agency if the Information Commissioner is satisfied that—\n> \n> > (a) the application for review is frivolous, vexatious, misconceived or lacking in substance, or\n> \n> > (b) the review would require an unreasonable and substantial diversion of the resources of the Information Commissioner, or\n> \n> > (c) the applicant for review has failed without reasonable excuse to co-operate with the Information Commissioner in connection with the review, or\n> \n> > (d) the applicant for review cannot by reasonable efforts be contacted by the Information Commissioner.","sortOrder":127},{"sectionNumber":"97","sectionType":"section","heading":"Onus on agency to justify decisions","content":"#### 97 Onus on agency to justify decisions\n\n97 Onus on agency to justify decisions\n\n> > (1) In any review under this Division concerning a decision made under this Act by an agency, the burden of establishing that the decision is justified lies on the agency, except as otherwise provided by this section.\n> \n> > (2) If the review is of a decision to provide access to government information in response to an access application, the burden of establishing that there is an overriding public interest against disclosure of information lies on the applicant for review.\n> \n> > (3) If the review is of a decision to refuse a reduction in a processing charge, the burden of establishing that there is an entitlement to the reduction lies on the applicant for review.\n> \n> > (4) If the review is of a decision to include information in a disclosure log despite an objection by the applicant for review, the burden of establishing whether the objection outweighs the general public interest to have the information included lies with the applicant for review.\n> \n> **s 97:** Am 2018 No 89, Sch 1 \\[28\\].","sortOrder":128},{"sectionNumber":"98","sectionType":"section","heading":"No review of decisions administratively reviewed by NCAT","content":"#### 98 No review of decisions administratively reviewed by NCAT\n\n98 No review of decisions administratively reviewed by NCAT\n\n> A decision is not to be the subject of review by the Information Commissioner under this Division if the decision is or has been the subject of an administrative review by NCAT.\n> \n> **s 98:** Am 2013 No 95, Sch 2.69 \\[2\\].","sortOrder":129},{"sectionNumber":"99","sectionType":"section","heading":"Referral of agency decision to NCAT","content":"#### 99 Referral of agency decision to NCAT\n\n99 Referral of agency decision to NCAT\n\n> The Information Commissioner may, with the consent of the applicant for review, refer a decision of an agency that is the subject of a review by the Information Commissioner under this Division to NCAT for an administrative review.\n> \n> **s 99:** Am 2013 No 95, Sch 2.69 \\[3\\].","sortOrder":130},{"sectionNumber":"100","sectionType":"section","heading":"Administrative review of decision by NCAT","content":"#### 100 Administrative review of decision by NCAT\n\n100 Administrative review of decision by NCAT\n\n> > (1) A person who is aggrieved by a reviewable decision of an agency may apply to NCAT for an administrative review under the ADR Act of the decision (referred to in this Division as an NCAT administrative review).\n> \n> > (2) An aggrieved person who is not the access applicant is not entitled to apply to NCAT for an NCAT administrative review of a decision if the person is still entitled to apply for an internal review of the decision under Division 2.\n> \n> **s 100:** Subst 2013 No 95, Sch 2.69 \\[5\\]. Am 2018 No 89, Sch 1 \\[29\\].","sortOrder":132},{"sectionNumber":"101","sectionType":"section","heading":"Time for applying for NCAT administrative review","content":"#### 101 Time for applying for NCAT administrative review\n\n101 Time for applying for NCAT administrative review\n\n> > (1) An application for NCAT administrative review must be made within 40 working days after notice of the decision to which the review relates is given to the applicant (unless subsection (2) gives a longer period to apply for NCAT administrative review).\n> \n> > (2) If the decision is the subject of review by the Information Commissioner, an application for NCAT administrative review can be made at any time up to 20 working days after the applicant is notified of the completion of the Information Commissioner’s review.\n> \n> > (3) If an application for NCAT administrative review of a decision is made while the decision is the subject of review by the Information Commissioner, the Information Commissioner’s review is to end.\n> \n> > (4) NCAT may, on application by a person wanting to make an application for NCAT administrative review out of time, extend the time for the making of such an application by the person if NCAT is of the opinion that the person has provided a reasonable excuse for the delay in making the application.\n> \n> > (5) An application to extend the time for the making of an application for NCAT administrative review must be in writing unless NCAT dispenses with the requirement in a particular case.\n> \n> > (6) The time for making an application for NCAT administrative review may be extended under this section even if that time has expired.\n> \n> **s 101:** Am 2012 No 7, Sch 1 \\[26\\] \\[27\\]; 2013 No 95, Sch 2.69 \\[6\\].","sortOrder":133},{"sectionNumber":"102","sectionType":"section","heading":"No internal review under ADR Act","content":"#### 102 No internal review under ADR Act\n\n102 No internal review under ADR Act\n\n> > (1) The procedure for internal review of a decision provided for by this Part applies to the exclusion of section 53 (Internal reviews) of the ADR Act in the case of a decision that is a reviewable decision under that Act.\n> \n> > (2) A reference in the ADR Act to internal review of a reviewable decision under that Act is, in its application to a reviewable decision under this Part, to be read as a reference to internal review of the decision under this Part.\n> \n> **s 102:** Am 2013 No 95, Sch 2.69 \\[6\\].","sortOrder":134},{"sectionNumber":"103","sectionType":"section","heading":"Operation of other ADR Act provisions","content":"#### 103 Operation of other ADR Act provisions\n\n103 Operation of other ADR Act provisions\n\n> The provisions of section 58 (Duty of administrator to lodge material documents with Tribunal where decision reviewed) and Division 2 (Effect of pending applications on reviewable decisions) of Part 3 of Chapter 3 of the ADR Act do not apply to an application for NCAT administrative review under this Division.\n> \n> **s 103:** Am 2013 No 95, Sch 2.69 \\[6\\] \\[7\\].","sortOrder":135},{"sectionNumber":"104","sectionType":"section","heading":"Right of appearance before NCAT","content":"#### 104 Right of appearance before NCAT\n\n104 Right of appearance before NCAT\n\n> > (1) The Information Commissioner has a right to appear and be heard in any proceedings before NCAT (and proceedings on an appeal in respect of any such proceedings) in relation to a review under this Division.\n> \n> > (2) The Privacy Commissioner has a right to appear and be heard in any proceedings before NCAT (and proceedings on an appeal in respect of any such proceedings) in relation to a review under this Division of a decision that concerns a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to section 14).\n> \n> > (3) Any person who could be aggrieved by a decision of NCAT on a review under this Division has a right to appear and be heard in any proceedings before NCAT in relation to the review.\n> \n> **s 104:** Am 2010 No 71, Sch 3 \\[3\\]; 2013 No 95, Sch 2.69 \\[6\\].","sortOrder":136},{"sectionNumber":"105","sectionType":"section","heading":"Onus on agency to justify decisions","content":"#### 105 Onus on agency to justify decisions\n\n105 Onus on agency to justify decisions\n\n> > (1) In any review under this Division concerning a decision made under this Act by an agency, the burden of establishing that the decision is justified lies on the agency, except as otherwise provided by this section.\n> \n> > (2) If the review is of a decision to provide access to government information in response to an access application, the burden of establishing that there is an overriding public interest against disclosure of information lies on the applicant for review.\n> \n> > (3) If the review is of a decision to refuse a reduction in a processing charge, the burden of establishing that there is an entitlement to the reduction lies on the applicant for review.\n> \n> > (4) If the review is of a decision to include information in a disclosure log despite an objection by the applicant for review, the burden of establishing whether the objection outweighs the general public interest to have the information included lies with the applicant for review.\n> \n> **s 105:** Am 2018 No 89, Sch 1 \\[30\\].","sortOrder":137},{"sectionNumber":"106","sectionType":"section","heading":"Decisions about Cabinet and Executive Council information","content":"#### 106 Decisions about Cabinet and Executive Council information\n\n106 Decisions about Cabinet and Executive Council information\n\n> > (1) On an NCAT administrative review of a decision by an agency that there is an overriding public interest against disclosure of information because the information is claimed to be Cabinet or Executive Council information (as described in Schedule 1), NCAT is limited to deciding whether there were reasonable grounds for the agency’s claim and is not authorised to make a decision as to the correct and preferable decision on the matter.\n> \n> > (2) If NCAT is not satisfied, by evidence on affidavit or otherwise, that there were reasonable grounds for the claim, it may require the information to be produced in evidence before it.\n> \n> > (3) If NCAT is still not satisfied after considering the evidence produced that there were reasonable grounds for the claim, NCAT is to reject the claim when determining the review application and may then proceed to make a decision as to the correct and preferable decision on the matter.\n> \n> > (4) NCAT is not to reject the claim unless it has given the Premier a reasonable opportunity to appear and be heard in relation to the matter.\n> \n> > (5) The Premier is a party to any proceedings on an application under this section.\n> \n> **s 106:** Am 2012 No 7, Sch 1 \\[28\\]; 2013 No 95, Sch 2.69 \\[6\\].","sortOrder":138},{"sectionNumber":"107","sectionType":"section","heading":"Procedure for dealing with public interest considerations","content":"#### 107 Procedure for dealing with public interest considerations\n\n107 Procedure for dealing with public interest considerations\n\n> > (1) In determining an application for NCAT administrative review, NCAT is to ensure that it does not, in the reasons for its decision or otherwise, disclose any information for which there is an overriding public interest against disclosure.\n> \n> > (2) On an NCAT administrative review, NCAT must receive evidence and hear argument in the absence of the public, the review applicant and the applicant’s representative if in the opinion of NCAT it is necessary to do so to prevent the disclosure of information for which there is an overriding public interest against disclosure.\n> \n> > (3) On an NCAT administrative review, NCAT must, on the application of the Minister administering this Act or the agency, receive evidence and hear argument in the absence of—\n> > \n> > > (a) the public and the applicant, and\n> > \n> > > (b) the applicant’s representative if NCAT is of the opinion that it is necessary to do so to prevent the disclosure of information for which there is, or for which there could be or is claimed to be, an overriding public interest against disclosure.\n> \n> **ss 107–109:** Am 2013 No 95, Sch 2.69 \\[6\\].","sortOrder":139},{"sectionNumber":"108","sectionType":"section","heading":"Delayed decisions","content":"#### 108 Delayed decisions\n\n108 Delayed decisions\n\n> > (1) NCAT may on the application of an agency make an order allowing the agency further time to decide an access application if the decision that is the subject of NCAT administrative review is a decision the agency is deemed to have made because the access application or internal review concerned was not decided within time (referred to in this section as a deemed refusal decision).\n> \n> > (2) Such an order may be made subject to such conditions as NCAT thinks fit, including either of the following conditions—\n> > \n> > > (a) a condition that if a decision is made to provide access to the information concerned during the further time allowed, any charge that would otherwise be payable in connection with providing that access is to be reduced or waived and the applicant for the NCAT administrative review may apply to NCAT for an order that the applicant’s costs in proceedings on the NCAT administrative review are to be paid by the agency,\n> > \n> > > (b) a condition permitting the agency to impose processing charges for work done in connection with the access application (as if the application had been decided within time).\n> \n> > (3) If an agency makes a reviewable decision (the subsequent decision) on an access application following a deemed refusal decision on the application and while the deemed refusal decision is the subject of NCAT administrative review, NCAT may on application by the applicant deal with the application for NCAT administrative review as if it were an application for review of the subsequent decision.\n> \n> **ss 107–109:** Am 2013 No 95, Sch 2.69 \\[6\\].","sortOrder":140},{"sectionNumber":"109","sectionType":"section","heading":"NCAT may refuse to review decision","content":"#### 109 NCAT may refuse to review decision\n\n109 NCAT may refuse to review decision\n\n> NCAT may refuse to review or to deal further with a review of a decision of an agency if NCAT is satisfied that the application for review is frivolous, vexatious, misconceived or lacking in substance.\n> \n> **ss 107–109:** Am 2013 No 95, Sch 2.69 \\[6\\].","sortOrder":141},{"sectionNumber":"110","sectionType":"section","heading":"Orders to restrain making of unmeritorious access applications","content":"#### 110 Orders to restrain making of unmeritorious access applications\n\n110 Orders to restrain making of unmeritorious access applications\n\n> > (1) NCAT may order that a person is not permitted to make an access application without first obtaining the approval of NCAT (a restraint order) if NCAT is satisfied that—\n> > \n> > > (a) at least 3 access applications (to one or more agencies) in the previous 2 years have been made that lack merit, and\n> > \n> > > (b) the applications were made by the same person or by any other person acting in concert with the person.\n> \n> > (2) An access application is to be regarded as lacking merit if—\n> > \n> > > (a) the agency decided the application by refusing to deal with the application in its entirety, or\n> > \n> > > (b) the agency decided the application by deciding that none of the information applied for is held by the agency, or\n> > \n> > > (c) the access applicant’s entitlement to access lapsed without that access being provided (including as a result of failure to pay any processing charge payable).\n> \n> > (3) A restraint order may be made to apply to all access applications made by the person the subject of the order or may be limited by reference to any one or more of the following—\n> > \n> > > (a) a specific time period,\n> > \n> > > (b) a specific number of applications, whether in total or to particular agencies,\n> > \n> > > (c) particular kinds of information,\n> > \n> > > (d) particular agencies.\n> \n> > (4) A person who is subject to a restraint order cannot apply to NCAT for approval to the making of an access application by the person without first serving notice of the application for approval on the agency concerned and the Information Commissioner.\n> \n> > (5) An application for a restraint order against a person may be made by an agency that receives an access application from the person (whether or not the agency has decided the application) or by the Minister or the Information Commissioner.\n> \n> > (5A) In deciding whether to approve the making of an access application by a person the subject of a restraint order, NCAT is to consider, without limitation, any of the following—\n> > \n> > > (a) whether the proposed application is lacking in merit,\n> > \n> > > (b) whether the proposed application is frivolous, vexatious, misconceived or lacking in substance,\n> > \n> > > (c) whether the applicant has engaged in conduct designed to harass, to cause delay or detriment, or to achieve another wrongful purpose.\n> \n> > (6) NCAT may order that a person who is the subject of a restraint order is not permitted to apply to NCAT for approval to make an access application if NCAT is satisfied that the person has repeatedly made applications for approval that are lacking in substance.\n> \n> > (7) While a restraint order is in force against a person, any application for government information made to an agency in contravention of the order is not a valid access application.\n> \n> **s 110:** Am 2013 No 95, Sch 2.69 \\[6\\]; 2018 No 89, Sch 1 \\[31\\]–\\[33\\].","sortOrder":142},{"sectionNumber":"111","sectionType":"section","heading":"Referral of systemic issues to Information Commissioner","content":"#### 111 Referral of systemic issues to Information Commissioner\n\n111 Referral of systemic issues to Information Commissioner\n\n> NCAT may refer any matter to the Information Commissioner that NCAT considers is indicative of a systemic issue in relation to the determination of access applications by a particular agency or by agencies generally.\n> \n> **s 111:** Am 2013 No 95, Sch 2.69 \\[6\\].","sortOrder":143},{"sectionNumber":"112","sectionType":"section","heading":"Report on improper conduct","content":"#### 112 Report on improper conduct\n\n112 Report on improper conduct\n\n> If NCAT is of the opinion on the completion of an NCAT administrative review that an officer of an agency has failed to exercise in good faith a function conferred on the officer by or under this Act, NCAT may on its own initiative bring the matter to the attention of—\n> \n> > (a) the Minister who appears to NCAT to have responsibility for the agency, or\n> \n> > (b) if the Minister who appears to NCAT to have responsibility for the agency was a party to the proceedings, the Information Commissioner.\n> \n> **s 112:** Am 2013 No 95, Sch 2.69 \\[6\\]. Subst 2018 No 89, Sch 1 \\[34\\].","sortOrder":144},{"sectionNumber":"112A","sectionType":"section","heading":"Relationship of Division with ADR Act and NCAT Act","content":"#### 112A Relationship of Division with ADR Act and NCAT Act\n\n112A Relationship of Division with ADR Act and NCAT Act\n\n> The provisions of this Division are intended to prevail to the extent of any inconsistency with provisions of the ADR Act or the NCAT Act.\n> \n> **s 112A:** Ins 2013 No 95, Sch 2.69 \\[8\\].","sortOrder":145},{"sectionNumber":"Part 6","sectionType":"part","heading":"Protections and offences","content":"# Part 6 Protections and offences\n\nPart 6 Protections and offences","sortOrder":146},{"sectionNumber":"113","sectionType":"section","heading":"Protection in respect of actions for defamation or breach of confidence","content":"#### 113 Protection in respect of actions for defamation or breach of confidence\n\n113 Protection in respect of actions for defamation or breach of confidence\n\n> > (1) If government information is disclosed pursuant to a decision under this Act, and the person by whom the decision is made believes in good faith, when making the decision, that this Act permits or requires the decision to be made—\n> > \n> > > (a) no action for defamation or breach of confidence lies against the Crown, an agency or an officer of an agency by reason of the making of the decision or the disclosure of information, and\n> > \n> > > (b) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the disclosure of information lies against the author of a record containing the information or any other person by reason of the author or other person having supplied the record to an agency.\n> \n> > (2) Neither the giving of access to information pursuant to a decision under this Act nor the making of such a decision constitutes, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of a record containing the information or its contents by the person to whom the information is disclosed.","sortOrder":148},{"sectionNumber":"114","sectionType":"section","heading":"Protection in respect of certain criminal actions","content":"#### 114 Protection in respect of certain criminal actions\n\n114 Protection in respect of certain criminal actions\n\n> If government information is disclosed pursuant to a decision under this Act, and the person by whom the decision is made believes in good faith, when making the decision, that this Act permits or requires the decision to be made, neither the person by whom the decision is made nor any other person concerned in disclosing the information is guilty of an offence merely because of the making of the decision or the disclosing of information.","sortOrder":149},{"sectionNumber":"115","sectionType":"section","heading":"Personal liability","content":"#### 115 Personal liability\n\n115 Personal liability\n\n> No matter or thing done by an agency or officer of an agency, or by any person acting under the direction of an agency or officer of an agency, if the matter or thing was done in good faith for the purposes of executing this Act, subjects the officer or person so acting, personally to any action, liability, claim or demand.","sortOrder":150},{"sectionNumber":"116","sectionType":"section","heading":"Offence of acting unlawfully","content":"#### 116 Offence of acting unlawfully\n\n116 Offence of acting unlawfully\n\n> An officer of an agency must not make a reviewable decision in relation to an access application that the officer knows to be contrary to the requirements of this Act.\n> \n> Maximum penalty—100 penalty units.","sortOrder":152},{"sectionNumber":"117","sectionType":"section","heading":"Offence of directing unlawful action","content":"#### 117 Offence of directing unlawful action\n\n117 Offence of directing unlawful action\n\n> A person (the offender) must not—\n> \n> > (a) direct an officer of an agency who is required to make a decision in relation to an access application to make a reviewable decision that the offender knows is not a decision permitted or required to be made by this Act, or\n> \n> > (b) direct a person who is an officer of an agency involved in an access application to act in a manner that the offender knows is otherwise contrary to the requirements of this Act.\n> \n> Maximum penalty—100 penalty units.","sortOrder":153},{"sectionNumber":"118","sectionType":"section","heading":"Offence of improperly influencing decision on access application","content":"#### 118 Offence of improperly influencing decision on access application\n\n118 Offence of improperly influencing decision on access application\n\n> A person (the offender) who influences the making of a decision by an officer of an agency for the purpose of causing the officer to make a reviewable decision that the offender knows is not the decision permitted or required to be made by this Act is guilty of an offence.\n> \n> Maximum penalty—100 penalty units.","sortOrder":154},{"sectionNumber":"119","sectionType":"section","heading":"Offence of unlawful access","content":"#### 119 Offence of unlawful access\n\n119 Offence of unlawful access\n\n> A person who in connection with an access application knowingly misleads or deceives an officer of an agency for the purpose of obtaining access to government information is guilty of an offence.\n> \n> Maximum penalty—100 penalty units.","sortOrder":155},{"sectionNumber":"120","sectionType":"section","heading":"Offence of concealing or destroying government information","content":"#### 120 Offence of concealing or destroying government information\n\n120 Offence of concealing or destroying government information\n\n> A person who destroys, conceals or alters any record of government information for the purpose of preventing the disclosure of the information as authorised or required by or under this Act is guilty of an offence.\n> \n> Maximum penalty—100 penalty units.","sortOrder":156},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":157},{"sectionNumber":"121","sectionType":"section","heading":"Provision of information by private sector contractors","content":"#### 121 Provision of information by private sector contractors\n\n121 Provision of information by private sector contractors\n\n> > (1) An agency that enters into a contract (a government contract) with a private sector entity (the contractor) under which the contractor is to provide services to the public on behalf of the agency must ensure that the contract provides for the agency to have an immediate right of access to the following information contained in records held by the contractor—\n> > \n> > > (a) information that relates directly to the performance of the services by the contractor,\n> > \n> > > (b) information collected by the contractor from members of the public to whom it provides, or offers to provide, the services,\n> > \n> > > (c) information received by the contractor from the agency to enable it to provide the services.\n> > \n> > Note.\n> > \n> > A reference in this Act to government information held by an agency includes information held by a private sector entity to which the agency has an immediate right of access. See clause 12 of Schedule 4. This means that an access application can be made to the agency for that information.\n> \n> > (2) A government contract is not required to provide for the agency to have an immediate right of access to any of the following information—\n> > \n> > > (a) information that discloses or would tend to disclose the contractor’s financing arrangements, financial modelling, cost structure or profit margins,\n> > \n> > > (b) information that the contractor is prohibited from disclosing to the agency by provision made by or under any Act (of this or another State or of the Commonwealth),\n> > \n> > > (c) information that, if disclosed to the agency, could reasonably be expected to place the contractor at a substantial commercial disadvantage in relation to the agency, whether at present or in the future.\n> > \n> > Note.\n> > \n> > The contractor may be entitled to be consulted by the agency under section 54 (Consultation on public interest considerations) in relation to an access application made to the agency for information held by the contractor.","sortOrder":158},{"sectionNumber":"122","sectionType":"section","heading":"Act binds the Crown","content":"#### 122 Act binds the Crown\n\n122 Act binds the Crown\n\n> This Act binds the State and, in so far as the legislative power of the Parliament of New South Wales permits, the other States, the Territories and the Commonwealth.","sortOrder":159},{"sectionNumber":"123","sectionType":"section","heading":"State Records Act not affected","content":"#### 123 State Records Act not affected\n\n123 State Records Act not affected\n\n> This Act does not affect the operation of the [State Records Act 1998](/view/html/inforce/current/act-1998-017).","sortOrder":160},{"sectionNumber":"124","sectionType":"section","heading":"Powers of Ombudsman","content":"#### 124 Powers of Ombudsman\n\n124 Powers of Ombudsman\n\n> The powers of the Ombudsman under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068) do not extend to investigating the conduct of any person or body in relation to a decision of an agency that is a reviewable decision under Part 5 of this Act.","sortOrder":161},{"sectionNumber":"125","sectionType":"section","heading":"Reports to Parliament","content":"#### 125 Reports to Parliament\n\n125 Reports to Parliament\n\n> > (1) Each agency (other than a Minister) must, within 4 months after the end of each reporting year, prepare an annual report on the agency’s obligations under this Act for submission to the Minister responsible for the agency. A copy of the report is to be provided to the Information Commissioner after the report has been tabled in each House of Parliament.\n> \n> > (2) Each Minister must, on or before 31 August each year, furnish the Minister administering this Act with such information concerning the Minister’s obligations as an agency under this Act as the Minister administering this Act may require.\n> \n> > (3) The Minister administering this Act must, on or before 31 December each year, prepare an annual report on the obligations of each Minister as an agency under this Act. A copy of the report is to be provided to the Information Commissioner after the report has been tabled in each House of Parliament.\n> \n> > (4) An annual report under this section must be tabled in each House of Parliament by the relevant Minister as soon as practicable after it is prepared unless it is included in annual reporting information prepared for the purposes of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> > (5) The annual report referred to in subsection (3) may be included in the annual reporting information prepared for the Department of Justice under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> > (6) The regulations may make provision for—\n> > \n> > > (a) the information to be included in annual reports, and\n> > \n> > > (b) the form in which annual reports are to be prepared.\n> \n> > (7) In this section, a reference to the reporting year of an agency is a reference to—\n> > \n> > > (a) the annual reporting period for the agency for the purposes of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), or\n> > \n> > > (b) if the agency does not have a financial year for the purposes of either of those Acts, the year ending 30 June.\n> \n> **s 125:** Am 2012 No 7, Sch 1 \\[29\\]; 2018 No 70, Sch 4.40\\[1\\] \\[2\\]; 2018 No 89, Sch 1 \\[35\\].","sortOrder":162},{"sectionNumber":"126","sectionType":"section","heading":"Requirements for notices given by agencies","content":"#### 126 Requirements for notices given by agencies\n\n126 Requirements for notices given by agencies\n\n> > (1) The following requirements apply to any notice or notification that an agency is required to give under this Act—\n> > \n> > > (a) it must be in writing,\n> > \n> > > (b) it must include the date of the decision or other action of the agency with which the notice or notification is concerned,\n> > \n> > > (c) it must include a statement that gives details of any right of review provided by this Act in respect of any decision of the agency with which the notice or notification is concerned (including details of the period within which any such right of review must be exercised),\n> > \n> > > (d) it must include the contact details of an officer of the agency to whom inquiries can be directed in connection with the decision or other action of the agency with which the notice or notification is concerned,\n> > \n> > > (e) it must not disclose any information for which there is an overriding public interest against disclosure.\n> \n> > (1A) A notice or notification under this Act that an agency is required or permitted to give a person may be given by—\n> > \n> > > (a) posting the notice to the person at the postal address provided by the person for correspondence in connection with the matter concerned, or\n> > \n> > > (b) such other method as may be agreed by the agency and the person.\n> \n> > (2) A notice or notification under this Act that is given by an agency to a person by being posted to the person at the postal address provided by the person for correspondence in connection with the matter concerned is considered to have been given to the person when it is posted by the agency.\n> \n> **s 126:** Am 2012 No 7, Sch 1 \\[30\\].","sortOrder":163},{"sectionNumber":"127","sectionType":"section","heading":"Waiver, reduction or refund of fees and charges","content":"#### 127 Waiver, reduction or refund of fees and charges\n\n127 Waiver, reduction or refund of fees and charges\n\n> An agency is entitled to waive, reduce or refund any fee or charge payable or paid under this Act in any case that the agency thinks appropriate, subject to the regulations.\n> \n> Note.\n> \n> See section 51A concerning the effect of a waiver, reduction or refund of the fee for an access application.\n> \n> **s 127:** Am 2012 No 7, Sch 1 \\[31\\].","sortOrder":164},{"sectionNumber":"128","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 128 Nature of proceedings for offences\n\n128 Nature of proceedings for offences\n\n> > (1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> > (2) Proceedings for an offence under this Act or the regulations may only be taken by or with the authority of the Director of Public Prosecutions or the Attorney General.\n> \n> **s 128:** Am 2009 No 106, Sch 4.18.","sortOrder":165},{"sectionNumber":"129","sectionType":"section","heading":"Regulations","content":"#### 129 Regulations\n\n129 Regulations\n\n> > (1) 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.\n> \n> > (2) In particular, the regulations may make provision for or with respect to the following—\n> > \n> > > (a) the manner in which agencies are to make government information publicly available,\n> > \n> > > (b) the manner in which an access application can be made,\n> > \n> > > (c) the adoption and amendment of agency information guides by agencies (including the obligations of agencies to consult with the Information Commissioner in connection with agency information guides and the adoption of model agency information guides developed by the Information Commissioner),\n> > \n> > > (d) information to be given to applicants for government information,\n> > \n> > > (e) the circumstances in which and the extent to which an agency must or may waive, reduce or refund any fee or charge payable under this Act.\n> \n> > (3) The Minister is to consult with the Information Commissioner before recommending the making of a regulation under this Act.\n> \n> > (4) The Minister is to consult with the Privacy Commissioner before recommending the making of a regulation under this Act that concerns the protection of the privacy of individuals or a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to section 14).\n> \n> **s 129:** Am 2010 No 71, Sch 3 \\[4\\]; 2012 No 7, Sch 1 \\[2\\].","sortOrder":166},{"sectionNumber":"130","sectionType":"section","heading":"Review of Act","content":"#### 130 Review of Act\n\n130 Review of Act\n\n> > (1) The Minister administering this Act 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> > (1A) The review is to include a consideration of the relationship between this Act and the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133).\n> \n> > (2) The Minister is to consult with the Information Commissioner and the Privacy Commissioner on a review under this section and the Information Commissioner and Privacy Commissioner may assist the Minister and provide advice in connection with the review.\n> \n> > (3) 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> > (4) A report on the outcome of the review is to be provided to the Minister administering this Act and tabled in each House of Parliament within 12 months after the end of the period of 5 years.\n> \n> **s 130:** Am 2010 No 71, Sch 3 \\[5\\] \\[6\\].","sortOrder":167},{"sectionNumber":"131","sectionType":"section","heading":"Review of public interest provisions by Joint Committee","content":"#### 131 Review of public interest provisions by Joint Committee\n\n131 Review of public interest provisions by Joint Committee\n\n> > (1) The Joint Committee is to keep the following provisions of this Act under review to determine whether the policy objectives of those provisions remain valid and whether the content of those provisions remains appropriate for securing those objectives—\n> > \n> > > (a) Schedule 1 (Information for which there is conclusive presumption of overriding public interest against disclosure),\n> > \n> > > (b) Schedule 2 (Excluded information of particular agencies),\n> > \n> > > (c) Table to section 14 (Public interest considerations against disclosure).\n> \n> > (2) The Joint Committee is to consult with the Information Commissioner on any review under this section and the Information Commissioner may assist the Joint Committee and provide advice in connection with the review.\n> \n> > (2A) The Joint Committee is to consult with the Privacy Commissioner on any review under this section that concerns a privacy-related public interest consideration (being a public interest consideration referred to in clause 3 (a) or (b) of the Table to section 14), and the Privacy Commissioner may assist the Joint Committee and provide advice in connection with any such review.\n> \n> > (3) The Joint Committee may report to both Houses of Parliament on any change that the Joint Committee considers should be made to the provisions reviewed under this section.\n> \n> **s 131:** Am 2010 No 71, Sch 3 \\[7\\].","sortOrder":168},{"sectionNumber":"132","sectionType":"section","heading":"Government Information (Public Access) Regulation 2009","content":"#### 132 Government Information (Public Access) Regulation 2009\n\n132 [Government Information (Public Access) Regulation 2009](/view/html/repealed/current/sl-2010-0343)\n\n> > (1) Schedule 5 is taken to be and has effect as a regulation made under this Act.\n> \n> > (2) Part 2 of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146) does not apply to the regulation set out in Schedule 5 (but applies to any amendment or repeal of the regulation).\n> \n> > (3) For the purposes of section 10 of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), the regulation set out in Schedule 5 is taken to have been published on the day on which this section commences.\n> \n> > (4) Sections 39, 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) do not apply to the regulation set out in Schedule 5 (but apply to any amendment or repeal of the regulation).\n> \n> > (5) Schedule 5 is repealed on the day following the day on which this section commences.\n> > \n> > Note.\n> > \n> > The continued effect of the regulation set out in Schedule 5 is unaffected by the repeal of Schedule 5. See section 30 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":169},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Information for which there is conclusive presumption of overriding public interest against disclosure","content":"# Schedule 1 Information for which there is conclusive presumption of overriding public interest against disclosure\n\nSchedule 1 Information for which there is conclusive presumption of overriding public interest against disclosure\n\n(Section 14)\n\n**sch 1:** Am 2009 No 102, Sch 6.2; 2010 No 83, Sch 1.1; 2010 No 84, Sch 2.3; 2010 No 102, Sch 2.3; 2010 No 126, Sch 3 \\[1\\]; 2011 No 72, Sch 5.5; 2012 No 7, Sch 1 \\[32\\] \\[33\\]; 2012 No 40, Sch 2; 2012 No 82, Sch 2.6 \\[1\\]–\\[3\\]; 2013 No 22, Sch 1.1; 2014 No 5, Sch 2.20; 2015 No 5, Sch 8.14; 2015 No 67, Sch 1.11; 2016 No 46, Sch 4.3; 2016 No 61, Sch 6.22 \\[1\\] \\[2\\]; 2017 No 63, Sch 1.9 \\[1\\]–\\[3\\]; 2017 No 66, Sch 8.12 \\[1\\]; 2018 No 29, Sch 1.13; 2018 No 89, Sch 1 \\[36\\]–\\[45\\]; 2018 No 2, Sch 7; 2022 No 1, Sch 3.1; 2022 No 14, Sch 8.9; 2022 No 74, Sch 2.2\\[1\\]; 2025 No 45, Sch 3.","sortOrder":170},{"sectionNumber":"5A","sectionType":"section","heading":"Privilege generally","content":"#### 5A Privilege generally\n\n5A Privilege generally\n\n> It is to be conclusively presumed that there is an overriding public interest against disclosure of information contained in a document that, in response to a court order, subpoena or otherwise—\n> \n> > (a) was a document a person objected to producing in any court proceedings on the grounds that the document was a privileged document, and\n> \n> > (b) was not compelled by a court to be given or produced on the grounds of privilege.","sortOrder":176},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Excluded information of particular agencies","content":"# Schedule 2 Excluded information of particular agencies\n\nSchedule 2 Excluded information of particular agencies\n\nNote.\n\nInformation 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.\n\n**sch 2:** Am 2010 No 28, Sch 2.2; 2010 No 34, Sch 2.20; 2010 No 126, Sch 3 \\[2\\]; 2012 No 55, Sch 3.6; 2012 No 95, Sch 2.12 \\[1\\] \\[2\\]; 2013 No 37, Sch 3.10; 2013 No 38, Sch 1.6; 2013 No 40, Sch 6.3; 2014 No 30, Sch 4.2; 2016 No 61, Sch 6.22 \\[3\\] \\[4\\]; 2017 No 66, Sch 8.12 \\[2\\]; 2017 No 68, Sch 2.12; 2018 No 85, Sch 4; 2018 No 89, Sch 1 \\[46\\]–\\[49\\]; 2019 No 7, Sch 1.3; 2019 No 25, Sch 5.21\\[1\\]; 2020 No 12, Sch 3.14; 2020 No 32, Sch 9.3; 2022 No 36, Sch 3.2; 2022 No 74, Sch 2.2\\[2\\]; 2025 No 48, Sch 4.3.","sortOrder":190},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n**sch 3:** Am 2012 No 7, Sch 1 \\[34\\] \\[35\\]; 2018 No 89, Sch 1 \\[50\\] \\[51\\].","sortOrder":195},{"sectionNumber":"1A","sectionType":"section","heading":"Continuation of presumption against disclosure of information in Schedule 1","content":"#### 1A Continuation of presumption against disclosure of information in Schedule 1\n\n1A Continuation of presumption against disclosure of information in Schedule 1\n\n> > (1) The conclusive presumption that there is an overriding public interest against disclosure of any information that is described in Schedule 1, or was described in that Schedule immediately before a provision of that Schedule was amended or repealed, continues to have effect despite—\n> > \n> > > (a) the repeal of any Act or prohibition referred to in that Schedule, or\n> > \n> > > (b) the abolition of any agency referred to in that Schedule, or\n> > \n> > > (c) the amendment of that Schedule.\n> \n> > (2) This clause is subject to any express provision to the contrary.","sortOrder":198},{"sectionNumber":"1B","sectionType":"section","heading":"Continuation of excluded information in Schedule 2","content":"#### 1B Continuation of excluded information in Schedule 2\n\n1B Continuation of excluded information in Schedule 2\n\n> > (1) Information that relates to a function specified in Schedule 2, or was specified in that Schedule immediately before a provision of that Schedule was amended or repealed, continues to be excluded information for the purposes of this Act despite—\n> > \n> > > (a) the repeal of any Act referred to in that Schedule, or\n> > \n> > > (b) the abolition of any agency referred to in that Schedule, or\n> > \n> > > (c) the amendment of that Schedule.\n> \n> > (2) This clause is subject to any express provision to the contrary.","sortOrder":199},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Interpretative provisions","content":"# Schedule 4 Interpretative provisions\n\nSchedule 4 Interpretative provisions\n\nNote.\n\nThe [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n\n**sch 4:** Am 2010 No 71, Sch 3 \\[8\\]; 2012 No 7, Sch 1 \\[36\\]–\\[38\\]; 2013 No 95, Sch 2.69 \\[9\\]; 2014 No 33, Sch 3.8 \\[2\\]; 2017 No 65, Sch 2.11; 2018 No 89, Sch 1 \\[52\\]–\\[55\\]; 2019 No 25, Sch 5.21\\[2\\]; 2025 No 61, Sch 2.46\\[1\\] \\[2\\].","sortOrder":210},{"sectionNumber":"6A","sectionType":"section","heading":"Regulations may declare part of an agency to be separate agency","content":"#### 6A Regulations may declare part of an agency to be separate agency\n\n6A Regulations may declare part of an agency to be separate agency\n\n> The regulations may declare that a specified office, branch or other part of an agency is for the purposes of this Act to be regarded as being a separate agency to the agency of which it forms part.","sortOrder":217},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedule 5 (Repealed)\n\n**sch 5:** Rep 2009 No 52, sec 132 (5).","sortOrder":228}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":755},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a freedom of information framework. While it has been amended multiple times (as evidenced by amendment notes throughout), these amendments appear to be refinements and updates rather than fundamental expansions of scope. The core structure — proactive release, informal release, formal access applications, and the public interest test — remains intact from the original 2009 enactment."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions, and Schedules (e.g., Schedule 1 conclusive presumptions, Schedule 2 excluded functions, Schedule 4 definitions)","Nested conditional logic throughout, particularly in the public interest test (section 13) and the detailed table of considerations against disclosure (section 14 with 7 clauses and multiple sub-clauses)","Multiple overlapping review pathways (internal review → Information Commissioner → NCAT) with different time limits, fees, and procedural rules","47+ defined terms in Schedule 4 plus additional definitions embedded throughout the Act","Complex fee structure with application fees, processing charges, advance deposits, discounts for financial hardship/special public benefit, and waiver provisions","Detailed exceptions and carve-outs (e.g., Cabinet information, Executive Council information, excluded information of particular agencies in Schedule 2)","Interaction with other legislation (overriding secrecy laws in Schedule 1, Privacy Act, State Records Act, ADR Act, NCAT Act)","Temporal complexity with deemed agencies, successor agencies, and transitional provisions in Schedule 3"],"plain_english_summary":"**What this law does:**\n\nThis is the **Government Information (Public Access) Act 2009** (GIPA Act), which is the main freedom of information law for New South Wales. It gives you a legal right to access information held by NSW government agencies, while also protecting certain sensitive information from disclosure.\n\n**Three ways to get information:**\n\n1. **Proactive release** — agencies must automatically publish certain information (like contracts over $150,000, policy documents, and their \"agency information guide\")\n\n2. **Informal release** — you can ask for information without a formal application (but agencies can say no)\n\n3. **Formal access application** — you pay $30 and submit a written request, which gives you enforceable rights to the information\n\n**The \"public interest test\":**\n\nThere's a **presumption in favour of disclosure**. Agencies can only refuse access if there's an **overriding public interest against disclosure** — meaning the harm from releasing it outweighs the public benefit. The Act lists specific reasons against disclosure (like protecting personal privacy, law enforcement, national security, commercial confidentiality, and Cabinet deliberations).\n\n**Who it covers:**\n\n\"Agencies\" include government departments, ministers, courts, local councils, state-owned corporations, and many public authorities. Some bodies (like the Independent Commission Against Corruption and the Ombudsman) have \"excluded information\" that can't be accessed.\n\n**If you're refused:**\n\nYou can ask for an **internal review** ($40 fee), then appeal to the **Information Commissioner**, and finally to the **NSW Civil and Administrative Tribunal (NCAT)**.\n\n**Why it matters:**\n\nThis law is designed to make government more transparent and accountable. It recognises that open government strengthens democracy — but also balances this against legitimate needs for confidentiality."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act began as a freedom of information reform in 2009, replacing the older Freedom of Information Act 1989. Over its 50+ amendments, its scope has expanded significantly — new agencies have been brought within its reach, proactive disclosure obligations have been strengthened, the role of the Information Commissioner has evolved, and interaction with digital government and data-sharing frameworks has grown. The addition of pending amendments from the Passenger Transport Act 2014 and the Victims Rights and Victims of Crime Commissioner Act 2025 suggests ongoing scope adjustments continue. The original intent of open access to government information remains intact, but the operational scope and procedural framework are considerably more elaborate than first enacted."},"complexity_factors":["Extensive amendment history — over 50 versions since 2009, meaning the current law is a product of decades of layered changes","Multi-tiered appeals and review system involving internal agency review, the Information Commissioner, and NCAT","Complex public interest balancing test that agencies and applicants must navigate when exemptions are claimed","Numerous categories of exempt information, each with their own conditions and nuances","Dual ministerial responsibility across two portfolios (Attorney General and Customer Service/Digital Government) creating potential jurisdictional complexity","Interaction with multiple other NSW statutes (e.g., Privacy and Personal Information Protection Act, State Records Act) that affect how the law operates in practice","Pending uncommenced amendments from two other Acts add a layer of uncertainty about future application","Distinction between proactive release obligations and formal access applications adds procedural complexity for agencies and applicants alike"],"plain_english_summary":"## What is this law?\n\nThe **Government Information (Public Access) Act 2009** — commonly called **GIPA** — is a New South Wales law that gives you the **right to access information held by NSW government agencies**. Think of it as your legal toolkit for requesting documents, data, and records from state government bodies.\n\n## Who does it affect?\n\n**Everyone in NSW** — whether you're a concerned resident, a journalist, a researcher, a business owner, or a lawyer. It also places obligations on **all NSW government agencies** (such as councils, departments, state-owned corporations, and public authorities) to make information available.\n\n## What does it actually do?\n\n- **Gives you the right to ask** for government-held information by submitting a formal access application (basically a written request)\n- **Requires agencies to proactively release** certain types of information publicly without you even asking — for example, policies, contracts, and agency structures\n- **Sets out rules** for how agencies must respond — they generally have 20 working days to decide and must give reasons if they refuse\n- **Creates exemptions** — some information can be withheld, such as cabinet documents (confidential government decision-making records), legally privileged material, personal information about third parties, or information that could harm law enforcement\n- **Allows you to appeal** if you're unhappy with an agency's decision — you can ask for an internal review, go to the Information Commissioner (an independent watchdog), or ultimately appeal to the NSW Civil and Administrative Tribunal (NCAT, a court-like body that resolves disputes)\n- **Requires a balancing test** — even where an exemption might apply, agencies must weigh whether the public interest in disclosure outweighs the reasons for withholding it\n\n## Why does it matter to you?\n\nThis law is your **democratic right to scrutinise government**. Whether you want to see a contract your council signed, find out why a development application was approved, access your own personal file held by an agency, or investigate how public money is being spent — GIPA is the mechanism you use.\n\n## Important to know\n\n- It **only applies to NSW state and local government** — not federal government (that's covered by a separate Commonwealth law)\n- There are **application fees** involved in some requests\n- The law has been **amended over 50 times** since 2009, meaning the rules have been refined significantly over the years\n- Two ministers are responsible for it: the **Attorney General** and the **Minister for Customer Service and Digital Government**"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act’s operational scope aligns with its stated object in section 3—opening government information while restricting access where there is an overriding public interest against disclosure. The Act does not change that object; instead it defines a detailed implementation framework. In practice the framework broadens transparency in specified ways (mandatory open access categories, publication of agency information guides and government contracts registers: ss 6, 18, 20–21, 27) while also specifying categorical exclusions and conclusive presumptions against disclosure for particular classes of information and agencies (s 14(1); Schedule 1; Schedule 2). Those detailed rules and procedural mechanics therefore refine and delimit how the Act’s object is applied, but they do not represent a change of the Act’s stated purpose (s 3)."},"complexity_factors":["Multiple overlapping decision-makers and review routes (internal agency review, Information Commissioner, NCAT) with differing time limits and procedural rules (Part 5: ss 82–111).","Extensive schedules of categorical exclusions and conclusive presumptions (Schedule 1 and Schedule 2) that convert some balancing tests into fixed rules (s 14(1); Schedule 1).","Numerous procedural steps and formal requirements for access applications, consultation duties, and transfer/amendment rules (Part 4: ss 41, 44–51, 54–56).","Fee and charging framework with application fee, hourly processing charge, discounts, waivers, advance deposits and refund rules (ss 41, 64–71, 127).","Detailed proactive publication obligations and registers (agency information guides, disclosure logs, government contracts registers) with specific content and timing obligations (ss 6, 18–21, 25–36).","Significant agency-level discretion combined with principal-officer authorisation requirements, increasing internal governance complexity (s 7(5); s 8(6); s 9(3)).","Interplay with other legislation and secrecy laws (s 11; s 10), and delegated regulation-making power that can alter application and detail (s 129).","Operational search and record‑retrieval rules including electronic backups, archive retrieval and limits where searches would cause unreasonable diversion of resources (s 53; s 60).","Criminal offences and civil protections tied to decision-making conduct, requiring agencies to manage legal risk (ss 113–120).","Detailed exceptions and carve-outs for specific agencies and contract types (e.g. SOCs, Landcom, industry support) that fragment the regime across agency types (ss 38–40; Schedule 2)."],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes a legal right to access government information held by an \"agency\" and requires agencies to make certain information proactively available (objects: s 3; access right: s 9; mandatory proactive release: s 6).\n- Sets out what is \"open access information\" that must be published (for example: agency information guides, policy documents, disclosure logs, and government contracts) and how it must be made available (s 18; s 6(2)–(3); Div. 2–5 of Part 3).\n- Creates a formal application process for members of the public to request other government information (formal requirements and fee: s 41; access applications: Part 4). Agencies must decide an access application within fixed timeframes (normally 20 working days; s 57) unless extensions apply (s 57).\n- Permits agencies to refuse access where there is an \"overriding public interest\" against disclosure. The statute lists public interest considerations in favour of disclosure (s 12) and prescribes the test for an overriding public interest (s 13), together with an exhaustive list of public interest considerations against disclosure (s 14 and its Table, and Schedule 1). Schedule 1 items are treated as giving a conclusive presumption of an overriding public interest against disclosure (Schedule 1; s 14(1)).\n- Provides procedures for consultation before disclosure where third‑party interests are implicated (s 54; s 54A), allows deletion/redaction of material when practicable (s 6(4); s 7(4); s 74), and authorises agencies to release information informally outside the formal access application process (s 8).\n- Sets out fees and processing charges: a $30 application fee (s 41(c)); processing charges at $30 per hour (s 64); discounts and waivers for hardship, public benefit or personal-information requests (ss 65–67); agencies can require advance deposits (ss 68–70); agencies can waive or refund fees (s 127).\n- Establishes multiple review routes when an agency makes a \"reviewable decision\": internal agency review (Div. 2, Part 5: ss 82–88), review by the Information Commissioner (Div. 3, Part 5: ss 89–96; ss 92A–94), and administrative review by NCAT (Div. 4, Part 5: ss 100–111). Burdens of proof in reviews are specified (s 97; s 105).\n- Creates requirements for agency transparency governance: agencies (except Ministers) must publish an agency information guide and keep it current (ss 20–21); keep disclosure logs of decided access applications they consider of wider public interest (ss 25–26); keep and publish government contracts registers for contracts above specified values with detailed required entries (ss 27–36).\n- Sets out criminal and civil protections and offences: protections for officers acting in good faith when disclosing information under the Act (ss 113–115); offences for knowingly making unlawful reviewable decisions, directing unlawful action, misleading officers, destroying records to prevent disclosure, and related conduct (ss 116–120).\n- Requires contract clauses with private contractors delivering public services to give the agency immediate access to records relevant to service delivery (s 121), and confirms the Act binds the State (s 122). Regulatory and review machinery for the Act is provided (ss 129–131).\n\nWho it affects\n\n- Agencies: all Public Service agencies, Ministers, public authorities, public offices, local authorities, courts and any other bodies declared by regulation (definition of \"agency\": s 4; Schedule 4). Agencies must publish certain material, keep registers and disclosure logs, handle access applications, consult affected third parties and make reviewable decisions (Parts 2–5; Part 3 Divs. 2–5).\n- Members of the public and organisations: can make access applications, rely on proactive publication, or object to inclusion of material in disclosure logs (ss 9; 25–26; 56). Applicants pay fees and may face processing charges (ss 41, 64).\n- Private sector contractors who provide public services: contracts must give the agency immediate access to records relevant to service delivery (s 121); certain commercial material can be excepted (s 121(2); s 32).\n- Oversight bodies: the Information Commissioner has an active role (s 17); NCAT and the Information Commissioner are involved in reviews (Part 5). The Privacy Commissioner is consulted where privacy-related considerations arise (s 14(4); s 94(2); s 129(4)).\n\nWhy it matters (stated purpose and practical implications)\n\n- Stated purpose: the Act’s object is to \"open government information to the public\" by authorising and encouraging proactive release, giving an enforceable right to access, and restricting access only when there is an overriding public interest against disclosure (s 3).\n\n- How the Act implements that purpose: it creates both affirmative duties (proactive publication of specified classes of information, publication of agency guides and contract registers, assistance obligations—ss 6, 20–21, 27) and a structured reactive access regime (formal applications, time limits, fees, consultation, deletion/redaction, and review mechanisms—Part 4; Part 5).\n\n- Trade-offs and incentive structure (mechanisms, not judgments):\n  - Who pays: applicants bear some direct costs (application fee: s 41(c); processing charges: s 64), agencies bear the cost of proactive publication except where unreasonable (s 6(2)) and may offset costs by charging for other access methods (s 6(3)). Agencies can waive, reduce or refund fees (s 127).\n  - Who decides: agencies make initial disclosure decisions, subject to internal review, the Information Commissioner and NCAT (ss 82–100). The principal officer authorises discretionary functions concerning proactive release and informal release (s 7(5); s 8(6); s 9(3)).\n  - Bureaucratic discretion and compliance burden: the Act delegates many discretionary powers to agencies (authorised release: s 7; informal release: s 8; fee waivers: s 127), while imposing ongoing operational obligations: annual adoption/review of agency information guides (s 21), maintenance of disclosure logs (s 25), contract registers (ss 27–36), consultation duties (s 54), searches using available electronic resources (s 53), and training/assistance roles for the Information Commissioner (s 17). These create recurring compliance and administrative costs for agencies.\n  - Legal certainty vs. closed categories: the Act sets out specific conclusive presumptions against disclosure (Schedule 1) and excluded information for particular agencies (Schedule 2) that limit the general presumption in favour of disclosure (s 5). This converts some balancing questions into categorical exclusions (Schedule 1; s 14(1); s 43).\n  - Effects on private enterprise and contractors: agencies must secure contractual rights to access operational and client information held by contractors (s 121). Commercial-in-confidence and certain financial model information can be withheld (s 121(2); s 32), creating a mechanism for contractors to protect commercially sensitive material while still subjecting operational records to agency access.\n  - Substitution and redaction: agencies can release edited copies with deletions where full disclosure would create an overriding public interest against disclosure (s 6(4); s 7(4); s 74). This substitutes partial disclosure for full release and is a common practical means of reconciling openness with confidentiality.\n  - Implementation risk and enforcement: timelines and refund rules create incentives for agencies to decide within statutory timeframes (s 57; s 63). Criminal offences (ss 116–120) and NCAT’s powers (including restraint orders: s 110) provide enforcement and deterrence tools against non‑compliance or abuse.\n\nConcrete behavioural changes the Act requires\n\n- Agencies must publish certain information and keep it up to date (s 6; ss 18–21; ss 27–36).\n- Agencies must process formal access applications according to strict formalities and timeframes, perform reasonable searches (s 41; s 57; s 53), consult affected persons where required (s 54), and apply the statutory public interest test (ss 12–15).\n- Applicants must meet formal requirements (s 41) and may pay fees/advance deposits (ss 41, 68–70).\n- Agencies must include contractual clauses giving immediate access to service‑related records from private contractors (s 121).\n\nKey implementation levers and sources of discretion (with section pointers)\n\n- Agency authority to publish or withhold: s 6 (mandatory open access), s 7 (authorised proactive release), s 8 (informal release).\n- Principal officer authority to exercise functions under ss 7–9 (s 7(5); s 8(6); s 9(3)).\n- Application fees, processing charges and waivers: ss 41, 64, 65–67, 127.\n- Conclusive exclusions and secrecy override: s 11 (Act overrides other secrecy provisions except those listed in Schedule 1); Schedule 1 and Schedule 2 enumerate conclusive presumptions and excluded information.\n- Review and oversight: internal review (ss 82–88), Information Commissioner (ss 17, 89–96, 92A–94), NCAT (ss 100–111).\n\nRepresentative citations: s 3 (object), s 6 (mandatory proactive release), s 7 (authorised proactive release), s 9 (access applications right), s 41 (formal requirements), s 57 (decision period), s 63 (deemed refusal), s 64 (processing charge), ss 65–67 (discounts/waivers), ss 82–100 (review routes), Schedule 1 & s 14(1) (conclusive presumptions), s 20–21 (agency information guides), ss 25–26 (disclosure logs), ss 27–36 (government contracts registers), s 121 (contractor records), ss 113–120 (protections and offences)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/government-information-public-access-act-2009","history":"/api/acts/government-information-public-access-act-2009/history","analysis":"/api/acts/government-information-public-access-act-2009/analysis","conflicts":"/api/acts/government-information-public-access-act-2009/conflicts","importantCases":"/api/acts/government-information-public-access-act-2009/important-cases","documents":"/api/acts/government-information-public-access-act-2009/documents"}}