{"id":"nsw:sl-2018-0510","name":"Government Information (Public Access) Regulation 2018","slug":"government-information-public-access-regulation-2018","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"510 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176695,"registerId":"nsw-nsw:sl-2018-0510-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 Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Government Information (Public Access) Regulation 2018](/view/html/inforce/current/sl-2018-0510).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Government Information (Public Access) Regulation 2009](/view/html/repealed/current/sl-2010-0343), which would otherwise be repealed on 1 September 2018 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > LGA means the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > the Act means the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Open access information of local authorities","content":"# Part 2 Open access information of local authorities\n\nPart 2 Open access information of local authorities","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Additional open access information","content":"#### 4 Additional open access information\n\n4 Additional open access information\n\n> > (1) The government information listed in Schedule 1 that is held by a local authority is prescribed as open access information of the local authority.\n> \n> > (2) An advertising compliance certificate issued by the head of a Government agency under the [Government Advertising Act 2011](/view/html/inforce/current/act-2011-035) is prescribed as open access information of that agency.\n> \n> Note.\n> \n> The fact that information is open access information does not create an obligation to keep records indefinitely and does not interfere with records management practices and procedures of local authorities that are consistent with the [State Records Act 1998](/view/html/inforce/current/act-1998-017).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Additional ways in which open access information is to be made available","content":"#### 5 Additional ways in which open access information is to be made available\n\n5 Additional ways in which open access information is to be made available\n\n> > (1) A local authority must make its open access information publicly available by—\n> > \n> > > (a) making the information available for inspection free of charge by any person at the office of the local authority during ordinary office hours, and\n> > \n> > > (b) providing a copy of a record containing the information (or providing the facilities for making a copy of a record containing the information) to any person either free of charge or for a charge not exceeding the reasonable cost of photocopying.\n> \n> > (2) This clause does not prevent a local authority from archiving records that contain open access information in accordance with the authority’s records management practices and procedures. The authority is required to retrieve archived records and make the information available in accordance with this clause in response to a request for access as soon as reasonably practicable after the request is made.\n> \n> > (3) This clause extends to open access information of a local authority that is open access information listed in section 18 of the Act (and is not limited to information listed in Schedule 1).","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provisions relating to agencies generally","content":"# Part 3 Provisions relating to agencies generally\n\nPart 3 Provisions relating to agencies generally","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Additional open access information of certain agencies","content":"#### 6 Additional open access information of certain agencies\n\n6 Additional open access information of certain agencies\n\n> > (1) Ministers For the purposes of section 18 (g) of the Act, the following government information is prescribed as open access information of a Minister—\n> > \n> > > (a) any media release issued by the Minister,\n> > \n> > > (b) the following details concerning overseas travel undertaken by the Minister—\n> > > \n> > > > (i) the portfolio to which the travel relates,\n> > > \n> > > > (ii) the purpose and anticipated benefits to New South Wales of the travel,\n> > > \n> > > > (iii) the destinations visited,\n> > > \n> > > > (iv) the dates of travel,\n> > > \n> > > > (v) the number of persons who accompanied the Minister (including Ministerial advisors, agency staff and family members),\n> > > \n> > > > (vi) the total cost of airfares,\n> > > \n> > > > (vii) the total cost of accommodation,\n> > > \n> > > > (viii) the total cost of other travel expenses (including travel allowances).\n> \n> > (2) Government Departments For the purposes of section 18 (g) of the Act, the following government information is prescribed as open access information of a Government Department—\n> > \n> > > (a) a list of the Department’s major assets, other than land holdings, appropriately classified and highlighting major acquisitions during the previous financial year,\n> > \n> > > (b) the total number and total value of properties disposed of by the Department during the previous financial year,\n> > \n> > > (c) the Department’s guarantee of service (if any),\n> > \n> > > (d) the Department’s code of conduct (if any),\n> > \n> > > (e) any standard, code or other publication that has been applied, adopted or incorporated by reference in any Act or statutory rule that is administered by the Department.\n> \n> > (3) The reference in subclause (2) to a Government Department includes a reference to—\n> > \n> > > (a) a Public Service agency, within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), except a Staff Agency listed in that Act, Schedule 1, and\n> > \n> > > (b) the Independent Commission Against Corruption, and\n> > \n> > > (c) the NSW Police Force, and\n> > \n> > > (d) the Judicial Commission.\n> \n> > (4) Relevant entities For the purposes of section 18 (g) of the Act, the following government information is prescribed as open access information of a public authority that is a relevant entity—\n> > \n> > > (a) the total number and total value of properties disposed of by the relevant entity during the previous financial year,\n> > \n> > > (b) the relevant entity’s guarantee of service (if any).\n> \n> > (5) In this clause—\n> > \n> > relevant entity means each of the following—\n> > \n> > > (a) a statutory body representing the Crown, including a NSW Government agency to which the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 13A applies,\n> > \n> > > (b) a Council, within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), Part 5A,\n> > \n> > > (c) an entity with money held in an account within the Special Deposits Account, within the meaning of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), except a Government Department covered by subclause (3).\n> \n> **cl 6:** Am 2021 (359), Sch 1\\[1\\]–\\[5\\]; 2025 No 48, Sch 4.4.","sortOrder":8},{"sectionNumber":"6A","sectionType":"section","heading":"Additional open access information about grants administration","content":"#### 6A Additional open access information about grants administration\n\n6A Additional open access information about grants administration\n\n> > (1) For the Act, section 18(g), information relating to grants administered, or proposed to be administered, by an agency is prescribed as open access information of the agency if the information is required, under a mandatory requirement of the Grants Administration Guide, to be published by the agency on a website specified in the Guide.\n> \n> > (2) For the Act, section 6(7), definition of relevant website, paragraph (b), the website specified in the Grants Administration Guide is prescribed.\n> \n> > (3) In this clause—\n> > \n> > Grants Administration Guide has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), section 10.3A.\n> > \n> > mandatory requirement has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), section 10.3A.\n> \n> **cl 6A:** Ins 2023 No 1, Sch 3.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Extension of decision period for access applications involving schools","content":"#### 7 Extension of decision period for access applications involving schools\n\n7 Extension of decision period for access applications involving schools\n\n> The decision period under section 57 of the Act is—\n> \n> > (a) in the case of an access application that involves a school, and\n> \n> > (b) if any part of the decision period occurs when the school is closed for school holidays,\n> \n> extended by the number of working days occurring in that school holiday period after the application is received.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Annual reporting requirements under section 125 of Act","content":"#### 8 Annual reporting requirements under section 125 of Act\n\n8 Annual reporting requirements under section 125 of Act\n\n> The annual report of an agency (other than a Minister) required to be prepared under section 125 of the Act must include the following—\n> \n> > (a) details of the review carried out by the agency under section 7 (3) of the Act during the reporting year and the details of any information made publicly available by the agency as a result of the review,\n> \n> > (b) the total number of access applications received by the agency during the reporting year (including withdrawn applications but not including invalid applications),\n> \n> > (c) the total number of access applications received by the agency during the reporting year that the agency refused, either wholly or partly, because the application was for the disclosure of information referred to in Schedule 1 to the Act (Information for which there is conclusive presumption of overriding public interest against disclosure),\n> > \n> > Note.\n> > \n> > Table D in Schedule 2 also requires information relating to access applications in respect of which there is a conclusive presumption of overriding public interest against disclosure.\n> \n> > (d) information, as set out in the form required by the tables in Schedule 2, relating to the access applications (if any) made to the agency during the reporting year.\n> \n> Note—\n> \n> An agency’s report under the Act, section 125 may be included in the agency’s annual reporting information required to be prepared under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), Division 7.3.\n> \n> **cl 8:** Am 2023 No 35, Sch 3.4.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Public availability of open access information of Ministers","content":"#### 9 Public availability of open access information of Ministers\n\n9 Public availability of open access information of Ministers\n\n> The open access information of a Minister may, without limiting section 6 of the Act, be made publicly available on a website maintained by a Government Department for which the Minister is responsible.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Discounted processing charge","content":"#### 10 Discounted processing charge\n\n10 Discounted processing charge\n\n> An agency is required to reduce, by 50%, the processing charge payable under the Act for dealing with an access application if the applicant provides evidence that the applicant—\n> \n> > (a) is the holder of a Pensioner Concession card issued by the Commonwealth that is in force, or\n> \n> > (b) is a full-time student, or\n> \n> > (c) is a non-profit organisation (including a person applying for or on behalf of a non-profit organisation).","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Exempt documents under interstate FOI legislation—corresponding laws","content":"#### 11 Exempt documents under interstate FOI legislation—corresponding laws\n\n11 Exempt documents under interstate FOI legislation—corresponding laws\n\n> The following laws are prescribed as corresponding laws for the purposes of clause 7 of the Table to section 14 of the Act—\n> \n> > (a) Freedom of Information Act 1982 of Victoria,\n> \n> > (b) Freedom of Information Act 1991 of South Australia,\n> \n> > (c) Freedom of Information Act 1992 of Western Australia,\n> \n> > (d) Freedom of Information Act 2016 of the Australian Capital Territory,\n> \n> > (e) Information Act of the Northern Territory,\n> \n> > (f) Right to Information Act 2009 of Queensland,\n> \n> > (g) Right to Information Act 2009 of Tasmania.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Bodies declared to be public authorities","content":"#### 12 Bodies declared to be public authorities\n\n12 Bodies declared to be public authorities\n\n> > (1) For the purposes of clause 2 (2) (b) of Schedule 4 to the Act, each of the following bodies is declared to be a public authority—\n> > \n> > > (a) Australian Music Examinations Board NSW,\n> > \n> > > (b) Duke of Edinburgh Award Scheme (NSW State Committee),\n> > \n> > > (c) NSW Adult Migrant English Service,\n> > \n> > > (d) Regional Development Australia.\n> \n> > (2) Also, an approved charitable organisation is declared to be a public authority—\n> > \n> > > (a) for the purposes of the Act, except section 6 and Part 3, and\n> > \n> > > (b) to the extent the organisation’s conduct relates to the exercise of functions under the [Prevention of Cruelty to Animals Act 1979](/view/html/inforce/current/act-1979-200).\n> \n> > (3) In this clause—\n> > \n> > approved charitable organisation has the same meaning as in the [Prevention of Cruelty to Animals Act 1979](/view/html/inforce/current/act-1979-200).\n> \n> **cl 12:** Am 2024 No 51, Sch 3.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Agencies that are part of other agencies","content":"#### 13 Agencies that are part of other agencies\n\n13 Agencies that are part of other agencies\n\n> For the purposes of clause 6 of Schedule 4 to the Act, each agency referred to in Schedule 3 to this Regulation (the subsidiary agency) is declared not to be a separate agency but is taken to be part of and included in the agency (the parent agency) specified in that Schedule in respect of the subsidiary agency.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Records in certain agencies","content":"#### 14 Records in certain agencies\n\n14 Records in certain agencies\n\n> For the purposes of clause 13 (1) (e) of Schedule 4 to the Act, the following agencies are prescribed—\n> \n> > (a) Audit Office,\n> \n> > (b) Ombudsman’s Office.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Repeal and savings","content":"#### 15 Repeal and savings\n\n15 Repeal and savings\n\n> > (1) The [Government Information (Public Access) Regulation 2009](/view/html/repealed/current/sl-2010-0343) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Government Information (Public Access) Regulation 2009](/view/html/repealed/current/sl-2010-0343), had effect under that Regulation is taken to have effect under this Regulation.","sortOrder":19},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Additional open access information—local authorities","content":"# Schedule 1 Additional open access information—local authorities\n\nSchedule 1 Additional open access information—local authorities\n\n(Clause 4)","sortOrder":20},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Statistical information about access applications to be included in annual report","content":"# Schedule 2 Statistical information about access applications to be included in annual report\n\nSchedule 2 Statistical information about access applications to be included in annual report\n\n(Clause 8)\n\n| Table A: Number of applications by type of applicant and outcome* |\n|  | Access granted in full | Access granted in part | Access refused in full | Information not held | Information already available | Refuse to deal with application | Refuse to confirm/ deny whether information is held | Application withdrawn |\n| Media |  |  |  |  |  |  |  |  |\n| Members of Parliament |  |  |  |  |  |  |  |  |\n| Private sector business |  |  |  |  |  |  |  |  |\n| Not for profit organisations or community groups |  |  |  |  |  |  |  |  |\n| Members of the public (application by legal representative) |  |  |  |  |  |  |  |  |\n| Members of the public (other) |  |  |  |  |  |  |  |  |\n\n\\* More than one decision can be made in respect of a particular access application. If so, a recording must be made in relation to each such decision. This also applies to Table B.\n\n| Table B: Number of applications by type of application and outcome |\n|  | Access granted in full | Access granted in part | Access refused in full | Information not held | Information already available | Refuse to deal with application | Refuse to confirm/ deny whether information is held | Application withdrawn |\n| Personal information applications* |  |  |  |  |  |  |  |  |\n| Access applications (other than personal information applications) |  |  |  |  |  |  |  |  |\n| Access applications that are partly personal information applications and partly other |  |  |  |  |  |  |  |  |\n\n\\* A personal information application is an access application for personal information (as defined in clause 4 of Schedule 4 to the Act) about the applicant (the applicant being an individual).\n\n| Table C: Invalid applications |\n| Reason for invalidity | No of applications |\n| Application does not comply with formal requirements (section 41 of the Act) |  |\n| Application is for excluded information of the agency (section 43 of the Act) |  |\n| Application contravenes restraint order (section 110 of the Act) |  |\n|  |  |\n| Total number of invalid applications received |  |\n| Invalid applications that subsequently became valid applications |  |\n\n| Table D: Conclusive presumption of overriding public interest against disclosure: matters listed in Schedule 1 to Act |\n|  | Number of times consideration used* |\n| Overriding secrecy laws |  |\n| Cabinet information |  |\n| Executive Council information |  |\n| Contempt |  |\n| Legal professional privilege |  |\n| Excluded information |  |\n| Documents affecting law enforcement and public safety |  |\n| Transport safety |  |\n| Adoption |  |\n| Care and protection of children |  |\n| Ministerial code of conduct |  |\n| Aboriginal and environmental heritage |  |\n| Information about complaints to Judicial Commission |  |\n| Information about authorised transactions under Electricity Network Assets (Authorised Transactions) Act 2015 |  |\n| Information about authorised transaction under Land and Property Information NSW (Authorised Transaction) Act 2016 |  |\n\n\\* More than one public interest consideration may apply in relation to a particular access application and, if so, each such consideration is to be recorded (but only once per application). This also applies in relation to Table E.\n\n| Table E: Other public interest considerations against disclosure: matters listed in table to section 14 of Act |\n|  | Number of occasions when application not successful |\n| Responsible and effective government |  |\n| Law enforcement and security |  |\n| Individual rights, judicial processes and natural justice |  |\n| Business interests of agencies and other persons |  |\n| Environment, culture, economy and general matters |  |\n| Secrecy provisions |  |\n| Exempt documents under interstate Freedom of Information legislation |  |\n\n| Table F: Timeliness |\n|  | Number of applications |\n| Decided within the statutory timeframe (20 days plus any extensions) |  |\n| Decided after 35 days (by agreement with applicant) |  |\n| Not decided within time (deemed refusal) |  |\n| Total |  |\n\n| Table G: Number of applications reviewed under Part 5 of the Act (by type of review and outcome) |\n|  | Decision varied | Decision upheld | Total |\n| Internal review |  |  |  |\n| Review by Information Commissioner* |  |  |  |\n| Internal review following recommendation under section 93 of Act |  |  |  |\n| Review by NCAT |  |  |  |\n| Total |  |  |  |\n\n\\* The Information Commissioner does not have the authority to vary decisions, but can make recommendations to the original decision-maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made by the Information Commissioner.\n\n| Table H: Applications for review under Part 5 of the Act (by type of applicant) |\n|  | Number of applications for review |\n| Applications by access applicants |  |\n| Applications by persons to whom information the subject of access application relates (see section 54 of the Act) |  |\n\n| Table I: Applications transferred to other agencies under Division 2 of Part 4 of the Act (by type of transfer) |\n|  | Number of applications transferred |\n| Agency-initiated transfers |  |\n| Applicant-initiated transfers |  |","sortOrder":25},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Agencies declared to be part of other agencies","content":"# Schedule 3 Agencies declared to be part of other agencies\n\nSchedule 3 Agencies declared to be part of other agencies\n\n(Clause 13)\n\n| Subsidiary agency | Parent agency |\n| Aboriginal and Torres Strait Islander Health Practice Council of New South Wales | Ministry of Health |\n| Advisory committee established under the Food Act 2003 | Department of Regional NSW |\n| Advisory committee established under the National Parks and Wildlife Act 1974 | Department of Planning and Environment |\n| Advisory committee established under the Protection of the Environment Administration Act 1991 | Department of Planning and Environment |\n| Agricultural industry services committee constituted by the Agricultural Industry Services Act 1998 | Department of Regional NSW |\n| Agricultural Scientific Collections Trust | Department of Regional NSW |\n| Agriculture Commissioner | Department of Primary Industries and Regional Development |\n| Animal Research Review Panel | Department of Regional NSW |\n| Anti-Discrimination Board | Department of Justice |\n| Australian Music Examinations Board NSW | NSW Education Standards Authority Staff Agency |\n| Belgenny Farm Agricultural Heritage Centre Trust | Department of Regional NSW |\n| Biodiversity Conservation Trust of New South Wales | Department of Planning and Environment |\n| Board of Surveying and Spatial Information | Department of Customer Service |\n| Board of the Environment Protection Authority | Environment Protection Authority |\n| Border Fence Maintenance Board | Department of Regional NSW |\n| Botany Cemetery Trust | Department of Planning and Environment |\n| Building and Construction Industry Long Service Payments Committee | Treasury |\n| Bush Fire Co-ordinating Committee | Office of the NSW Rural Fire Service |\n| Cape Byron State Conservation Area Trust | Department of Planning and Environment |\n| Carers Advisory Council | Department of Family and Community Services |\n| Central Coast Regional Development Corporation | Department of Planning and Environment |\n| Child Death Review Team | Office of the Ombudsman |\n| Children’s Court | Department of Justice |\n| Children’s Court Advisory Committee | Department of Justice |\n| Children’s Court Clinic | Department of Justice |\n| Chinese Medicine Council of New South Wales | Ministry of Health |\n| Chiropractic Council of New South Wales | Ministry of Health |\n| Civil and Administrative Tribunal | Department of Justice |\n| Combat Sports Authority | Office of Sport |\n| Commissioner of the Land and Environment Court | Department of Justice |\n| Committee of inquiry established under the Energy and Utilities Administration Act 1987 | Department of Planning and Environment |\n| Committee of Review appointed under the Health Services Act 1997 | Ministry of Health |\n| Contract of Carriage Tribunal | Department of Justice |\n| Coroner (including the State Coroner and Deputy State Coroner) | Department of Justice |\n| Corrective Services NSW | Department of Communities and Justice |\n| Costs assessor appointed under the Legal Profession Uniform Law Application Act 2014 | Department of Justice |\n| Dental Council of New South Wales | Ministry of Health |\n| Disability Council | Department of Family and Community Services |\n| District Court | Department of Justice |\n| Drug Court | Department of Justice |\n| Duke of Edinburgh Award Scheme (NSW State Committee) | Department of Education |\n| Dumaresq-Barwon Border Rivers Commission | Department of Planning and Environment |\n| Dust Diseases Tribunal | Department of Justice |\n| Energy Corporation | Department of Planning and Environment |\n| Environmental Trust | Department of Planning and Environment |\n| Exhibited Animals Advisory Committee | Department of Regional NSW |\n| Financial Counselling Trust Fund | Department of Customer Service |\n| Fluoridation of Public Water Supplies Advisory Committee | Ministry of Health |\n| Geographical Names Board | Department of Customer Service |\n| Hardship Review Board | Department of Customer Service |\n| Health Administration Corporation | Ministry of Health |\n| Heritage Council of New South Wales | Department of Planning and Environment |\n| Hunter and Central Coast Regional Planning Panel | Department of Planning and Environment |\n| Hunter Development Corporation | Department of Planning and Environment |\n| Hunter River Salinity Trading Scheme | Environment Protection Authority |\n| Independent Biosecurity Commissioner under the Biosecurity Act 2015 | Department of Regional NSW |\n| Independent Liquor and Gaming Authority | Department of Customer Service |\n| Industrial Committee established under the Industrial Relations Act 1996 | Department of Justice |\n| Industrial Registrar | Department of Justice |\n| Industrial Relations Commission | Department of Justice |\n| Land and Environment Court | Department of Justice |\n| Law Reform Commission | Department of Justice |\n| Legal Profession Admission Board | Department of Justice |\n| Legal Services Commissioner | Department of Justice |\n| Liability Management Ministerial Corporation | Treasury |\n| Library Council of New South Wales | Department of Enterprise, Investment and Trade |\n| Local Court | Department of Justice |\n| Local Government Boundaries Commission | Department of Planning and Environment |\n| Local Government Grants Commission | Department of Planning and Environment |\n| Local Government Remuneration Tribunal | Public Service Commission |\n| Long Service Corporation | Treasury |\n| Medical Committee constituted under the Poisons and Therapeutic Goods Act 1966 | Ministry of Health |\n| Medical Radiation Practice Council of New South Wales | Ministry of Health |\n| Medical Services Committee established under the Health Administration Act 1982 | Ministry of Health |\n| Mental Health Review Tribunal | Ministry of Health |\n| Mining and Petroleum Competence Board | Department of Regional NSW |\n| National Parks and Wildlife Advisory Council | Department of Planning and Environment |\n| New South Wales Biological Control Authority | Department of Regional NSW |\n| New South Wales Innovation and Productivity Council | Treasury |\n| New South Wales Land and Housing Corporation | Department of Planning and Environment |\n| New South Wales Rural Assistance Authority | Department of Regional NSW |\n| New South Wales Sentencing Council | Department of Justice |\n| Northern Regional Planning Panel | Department of Planning and Environment |\n| NSW Adult Migrant English Service | Department of Education |\n| NSW Coastal Council | Department of Planning and Environment |\n| NSW Food Authority | Department of Regional NSW |\n| NSW Procurement Board | Treasury |\n| NSW Self Insurance Corporation | Treasury |\n| NSW Skills Board | Department of Education |\n| NSW Telco Authority | Department of Customer Service |\n| Nursing and Midwifery Council of New South Wales | Ministry of Health |\n| Occupational Therapy Council of New South Wales | Ministry of Health |\n| Optometry Council of New South Wales | Ministry of Health |\n| Osteopathy Council of New South Wales | Ministry of Health |\n| Paramedicine Council of New South Wales | Ministry of Health |\n| Parliamentary Remuneration Tribunal | Public Service Commission |\n| Parramatta Park Trust | Department of Planning and Environment |\n| Personal Injury Commission | Department of Customer Service |\n| Physiotherapy Council of New South Wales | Ministry of Health |\n| Planning administrator or regional panel appointed under section 9.6 of the Environmental Planning and Assessment Act 1979 | The local authority whose functions the planning administrator or regional panel was appointed to exercise |\n| Podiatry Council of New South Wales | Ministry of Health |\n| Poisons Advisory Committee | Ministry of Health |\n| Professional Standards Committee for nurses and midwives | Ministry of Health |\n| Professional Standards Council | Department of Customer Service |\n| Property and Development NSW | Department of Planning, Industry and Environment |\n| Psychology Council of New South Wales | Ministry of Health |\n| Public Defender (including the Senior Public Defender and Deputy Senior Public Defenders) | Department of Justice |\n| Public Guardian | NSW Trustee and Guardian |\n| Radiation Advisory Council | Environment Protection Authority |\n| Registrar under the Aboriginal Land Rights Act 1983 | Premier’s Department |\n| Rental Bond Board | Department of Customer Service |\n| Review panel under the Gas Supply Act 1996 | Department of Planning and Environment |\n| Rural Fire Service Advisory Council | Office of the NSW Rural Fire Service |\n| Serious Offenders Review Council | Department of Justice |\n| Small Business Commissioner | Treasury |\n| Southern Regional Planning Panel | Department of Planning and Environment |\n| State Aviation Working Group | Department of Transport |\n| State Parole Authority | Department of Justice |\n| Statutory and Other Offices Remuneration Tribunal | Public Service Commission |\n| Stewart House Preventorium | Department of Education |\n| Supreme Court | Department of Justice |\n| Sydney Eastern City Planning Panel | Department of Planning and Environment |\n| Sydney Olympic Park Authority | Department of Planning and Environment |\n| Sydney West City Planning Panel | Department of Planning and Environment |\n| Teacher Housing Authority of New South Wales | Department of Planning, Industry and Environment |\n| Trust established in respect of a common under the Commons Management Act 1989 | Department of Planning and Environment |\n| Trustees of the Anzac Memorial Building | Department of Justice |\n| Trustees of the Farrer Memorial Research Scholarship Fund | Department of Regional NSW |\n| Trustees of the Parliamentary Contributory Superannuation Fund | Treasury |\n| Victims Advisory Board | Department of Justice |\n| Waste Assets Management Corporation | Department of Planning, Industry and Environment |\n| Western Regional Planning Panel | Department of Planning and Environment |\n| Workers Compensation (Dust Diseases) Authority | Treasury |\n\n**sch 3:** Am 2018 No 63, Sch 3.5; 2018 No 65, Sch 6.2; 2020 No 18, Sch 6.4; 2020 No 30, Sch 3.17; 2022 (580), sec 3; 2022 No 59, Sch 3.32\\[1\\] \\[2\\]; 2023 No 35, Sch 4.13\\[1\\] \\[2\\]; 2023 No 56, Sch 2.1; 2024 No 27, Sch 2.5; 2024 No 53, Sch 2.1; 2024 (508), Sch 1.2; 2024 No 77, Sch 3.2; 2025 (281), Sch 1.","sortOrder":26}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded beyond the 2009 version's original focus on basic open-access lists for local authorities. Additions such as detailed ministerial travel disclosures, grants-administration publication mandates (cl 6A), broadened definitions of 'relevant entities' under the Government Sector Finance Act 2018, and an expanded Schedule 3 of merged agencies reflect a gradual broadening into proactive transparency on expenditure, planning panels and quasi-government bodies."},"complexity_factors":["Extensive cross-references to the Government Information (Public Access) Act 2009, Local Government Act 1993, Government Sector Finance Act 2018 and over a dozen other statutes","Three detailed Schedules containing itemised lists of documents, statistical tables and agency mappings","Nested exceptions in Schedule 1 (e.g. residential building plans, commercial-in-confidence material, pre-2010 applications)","Multiple agency-specific categories in clause 6 (Ministers, Departments, relevant entities) with differing lists","Amendment history embedded in clauses (e.g. cl 6 amended 2021 and 2025, new cl 6A inserted 2023)","Detailed statistical tables in Schedule 2 requiring granular counting of outcomes, invalid applications and review types"],"plain_english_summary":"**This Regulation supplements the Government Information (Public Access) Act 2009 (NSW)** by specifying exactly what extra government information must be freely available to the public without needing a formal request.\n\nIt primarily affects local councils (requiring them to publish codes of conduct, meeting papers, development applications, registers of interests, and planning documents), ministers (travel costs and media releases), government departments (asset lists, codes of conduct, and grant administration details), and certain other public bodies. The rules require this 'open access information' to be available for free inspection at offices or cheap copies, and set out how it must be reported in annual statistics about freedom-of-information requests.\n\nIt also gives discounts on processing fees for pensioners, students, and non-profits; extends time limits for decisions involving schools during holidays; declares some organisations (like the Australian Music Examinations Board) as public authorities that must comply; and lists which interstate freedom-of-information laws count as equivalent for exemption purposes.\n\nIt matters because it makes everyday government information easier and cheaper to access, promotes transparency in local planning and spending, reduces unnecessary formal applications, and standardises reporting so the public can see how access requests are handled."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Regulation replaces the 2009 Regulation (clauses 2, 15) and updates the set of prescribed open access categories and administrative rules. It (a) prescribes additional open access items for Ministers, Departments and relevant entities (clause 6), (b) adds grants-publication material tied to the Grants Administration Guide (clause 6A), (c) sets detailed publication and inspection mechanics for local authorities (clause 5; Schedule 1), (d) imposes specified annual-reporting statistics (clause 8; Schedule 2), and (e) consolidates FOI responsibility for listed subsidiary agencies into parent agencies (clause 13; Schedule 3). Clause 15 preserves prior effects where relevant, but overall the Regulation adjusts and expands the operational scope of open access and reporting requirements compared with the prior Regulation it repeals."},"complexity_factors":["Numerous cross-references to other Acts (the Act, LGA, Grants Administration Guide, and multiple named Acts) that require readers to consult other instruments (clauses 3, 6A, multiple schedule items).","Large, detailed lists of prescribed information categories and exceptions (Schedule 1) that vary by agency type (local authorities, Ministers, Departments, relevant entities).","Detailed annual-reporting templates and statistical tables that require consistent internal data collection and classification (clause 8; Schedule 2).","Mapping of many subsidiary agencies into parent agencies (clause 13; Schedule 3), which centralises responsibilities but requires administrative coordination.","Operational rules that interact with record-keeping and archival practices (clause 5(2)) and that create timing variations (extension of decision periods for school holidays in clause 7).","Several discrete policy choices left to other instruments or bodies (for example, the Grants Administration Guide in clause 6A), creating dependency on external guidance and potential implementation variation."],"plain_english_summary":"What this regulation does (mechanically)\n\n- Prescribes categories of government information that must be treated as \"open access information\" and sets how that information must be made available. For local councils, Schedule 1 lists specific records that are open access (for example: codes, plans, registers, development applications and associated documents) (clause 4; Schedule 1). For Ministers, departments and certain public entities, clause 6 and clause 6A list additional items that must be treated as open access information (for example: ministerial media releases and details of ministerial overseas travel; departmental asset lists; grants information where the Grants Administration Guide requires publication) (clauses 6, 6A).\n\n- Requires local authorities to make their open access information available for public inspection free of charge during office hours and to provide copies either free or for a charge not exceeding reasonable photocopying costs; archived records must be retrieved and produced on request as soon as reasonably practicable (clause 5).\n\n- Prescribes procedural rules that change how access applications are handled: the decision period for an access application involving a school is extended by the number of working days occurring in any school holiday period that falls within the decision period (clause 7).\n\n- Requires agencies (other than Ministers) to include specified information about their freedom-of-information activity in their annual reports, including statistics in the form set out in Schedule 2 (clause 8; Schedule 2).\n\n- Permits a Minister’s open access information to be published on a departmental website (clause 9).\n\n- Requires agencies to reduce the statutory processing charge for an access application by 50% for applicants who show they are (a) holders of a current Commonwealth Pensioner Concession Card, (b) full-time students, or (c) non-profit organisations (clause 10).\n\n- Treats certain interstate freedom-of-information laws as \"corresponding laws\" for the purposes of a specified exemption test (clause 11).\n\n- Declares particular bodies to be public authorities for parts of the Act and declares numerous listed subsidiary agencies to be part of specified parent agencies (clauses 12, 13; Schedule 3). It also prescribes two agencies for a particular records-related purpose (clause 14).\n\n- Repeals the previous 2009 Regulation and preserves any acts, matters or things that immediately before repeal had effect under the old Regulation (clauses 2, 15).\n\nOfficial purpose claim and mechanical test against costs, incentives and trade-offs\n\n- Official claim: the regulation prescribes what information must be publicly accessible and sets operational rules for making that information available (see clause 4; clause 6; Schedule 1; clause 6A). The regulation therefore implements the open-access elements of the Government Information (Public Access) Act 2009 by listing specific information categories and procedural requirements.\n\n- Who pays (clear cost bearers):\n  - Agencies/local authorities carry the administrative and record-keeping costs of publishing, making information available for inspection, retrieving archived records on request, and compiling annual-report statistics (clause 5; clause 8; Schedule 2). These are recurring operational costs tied to record management and FOI processing.\n  - Applicants may pay a reasonable photocopying charge for copies (clause 5(1)(b)) and processing charges under the Act, though those charges must be discounted by 50% for eligible applicants (clause 10).\n\n- Incentives and behavioural effects:\n  - Agencies are given a clear publication duty for described categories of information; that creates an incentive for agencies to adopt publication and record-management practices that make retrieval and inspection easier (clause 5; Schedule 1).\n  - The 50% discount on processing charges for pensioners, students and non-profits lowers the monetary barrier for those applicants and therefore may increase applications from those groups (clause 10).\n  - Declaring subsidiary agencies to be part of parent agencies centralises FOI responsibility and reporting in the parent agency (clause 13; Schedule 3). That may reduce duplicate administrative effort but concentrates responsibility for compliance in the parent agency.\n\n- Trade-offs and opportunity costs:\n  - Time and resources spent by agencies on publishing open access material and meeting reporting requirements (clause 5; clause 8; Schedule 2) are time and resources not available for other agency tasks.\n  - Allowing photocopying charges and retaining limited exceptions (for example, exclusions for commercial information or plans for residential parts of proposed buildings — see Schedule 1, clause 3(2)) balances public access against protecting third-party commercial interests; protecting those interests imposes an access limitation that benefits suppliers but imposes a verification/assessment burden on agencies.\n\n- Compliance burden and implementation risk:\n  - Agencies must collect and maintain the detailed statistics set out in Schedule 2 for annual reporting (clause 8; Schedule 2). That requires internal data systems and consistent recording of decisions and outcomes.\n  - The requirement to retrieve archived records for open access requests (clause 5(2)) creates operational requirements for records management systems and retrieval processes.\n  - Mapping many subsidiary agencies into parent agencies (clause 13; Schedule 3) requires coordination and administrative clarity about where FOI responsibilities sit; if not managed, that could create uncertainty about who must fulfil publication and reporting obligations.\n\n- Bureaucratic discretion and exemptions:\n  - The Regulation leaves some room for agency judgment: local authorities may archive records (clause 5(2)) and certain categories of information are excluded from open access (for example, detailed residential plans or commercial information where disclosure would prejudice the supplier) (Schedule 1, clause 3(2)).\n  - The Grants Administration Guide determines which grants-related material is prescribed as open access (clause 6A), so an external instrument (the Guide) fixes that category for agencies.\n\n- Effects on private choice and third parties:\n  - Third parties who supply commercial information to councils may have that information withheld if disclosure would prejudice their commercial position or reveal trade secrets (Schedule 1, clause 3(2)(b)). This preserves a confidentiality pathway for suppliers but requires agencies to assess commercial sensitivity.\n\nWho decides, who pays, and what behaviour changes (summary)\n\n- Who decides: agencies and local authorities must decide how to publish and provide access to the prescribed open access information (clause 5; clause 6; clause 9). The Grants Administration Guide determines certain publication obligations for grants information (clause 6A).\n- Who pays: agencies incur publication, retrieval and reporting costs (clause 5; clause 8). Applicants may pay photocopying and processing charges, subject to the 50% discount for eligible applicants (clause 5(1)(b); clause 10).\n- What behaviour changes: agencies must publish and make available the listed categories of information, compile and include specified FOI statistics in annual reports, apply a 50% processing-charge discount for certain applicants, and, for school-related applications, extend decision periods to account for school holidays (clause 4; clause 5; clause 8; clause 10; clause 7).\n\nKey cross-references in the regulation: Schedule 1 (local authority open access categories), Schedule 2 (annual-report tables), Schedule 3 (subsidiary/parent agency mapping), clauses 4–14 for procedural and scope rules, and clauses 2 and 15 for commencement and repeal/preservations."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no clear indication that the regulation's scope has materially shifted from its original intent. The frequent amendments appear to reflect routine updates (e.g. fee adjustments, agency list changes, procedural tweaks) rather than a fundamental expansion or contraction of purpose. The regulation continues to serve its original role as procedural support for the GIPA Act's access-to-information framework."},"complexity_factors":["The actual substantive content of the regulation is not reproduced in the provided text — only metadata, version history, and status information is visible, limiting full analysis","Frequent amendments (18+ versions in ~7 years) create a layered history that requires careful version-checking","Interaction with multiple parent and amending Acts (the GIPA Act, Subordinate Legislation Act, Medicines/Poisons Act, Victims Rights Act) adds cross-reference complexity","Pending but uncommenced amendments create uncertainty about the complete current legal picture","Automatic staged repeal mechanism adds a time-sensitive compliance dimension","Regulation supports a complex parent Act dealing with competing interests (transparency vs privacy/confidentiality)"],"plain_english_summary":"## Government Information (Public Access) Regulation 2018 (NSW)\n\n### What is this?\nThis is a **NSW regulation** (a set of detailed rules made under a broader law) that supports the *Government Information (Public Access) Act* — NSW's freedom of information law. That Act gives people the right to request government documents. This Regulation sets out the **practical mechanics** of how that system works.\n\n### Who does it affect?\n- **Ordinary people** who want to access government records (e.g. council decisions, government contracts, agency files)\n- **NSW government agencies** (councils, departments, public bodies) that must respond to information requests\n- **Businesses and organisations** that deal with government and may have information held in agency files\n\n### Why does it matter?\nWithout this Regulation, the right to access government information would exist on paper but lack the procedural detail needed to actually use it. It likely covers things like:\n- **How to make an access request** (forms, fees, timeframes)\n- **What charges agencies can impose** for processing requests\n- **Which agencies or information types** are covered or excluded\n- **How agencies must publish information** proactively (before anyone even asks)\n\n### Important things to know\n- ⚠️ This regulation is **due to be automatically repealed on 1 September 2026** under a standard NSW rule that sunsets (automatically cancels) old regulations — so it may be replaced or renewed soon\n- It has been **amended frequently** (18+ versions since 2018), meaning the rules have changed regularly — always check the current version\n- Two amendments from other Acts are **not yet in force**, so minor future changes are still coming\n\n### Bottom line\nIf you want to request information from an NSW government agency, or you work for one that handles such requests, this Regulation governs the nuts and bolts of how that process works."}},"importantCases":[],"_links":{"self":"/api/acts/government-information-public-access-regulation-2018","history":"/api/acts/government-information-public-access-regulation-2018/history","analysis":"/api/acts/government-information-public-access-regulation-2018/analysis","conflicts":"/api/acts/government-information-public-access-regulation-2018/conflicts","importantCases":"/api/acts/government-information-public-access-regulation-2018/important-cases","documents":"/api/acts/government-information-public-access-regulation-2018/documents"}}