Government Information (Public Access) Regulation 2018
In ForceNSW
Jurisdiction
New South Wales
Act Number
510 of 2018
Collection
regulation
Plain English Summary
6/10 complexity
This regulation defines which government records must be treated as open access and sets how they must be published, inspected and copied. It obliges local councils and public agencies to publish specified information, retrieve archived records, collect FOI statistics for annual reports, apply reduced fees for eligible applicants, and adjust some processing periods. It affects agencies (bearing publication and reporting costs), applicants (fees/discounts) and third-party suppliers (limited protections), trading greater public access for ongoing administrative effort.
The Government Information (Public Access) Regulation 2018 (the Regulation) is subordinate legislation made under the Government Information (Public Access) Act 2009 (GIPA Act). Its core function is to prescribe additional classes of "open access information" that agencies and local authorities must make publicly available without charge or the need for a formal access application (see cl 4 and cl 6, implementing s 18(g) of the GIPA Act).
Part 2 (cll 4–5) mandates that local authorities publish a comprehensive suite of governance and planning documents listed in Schedule 1. These include current and previous versions of codes of conduct, meeting agendas and minutes (restricted for closed sessions), development applications and associated consultant reports, registers of political donations, and compulsory acquisition plans. Clause 5 requires physical inspection during office hours and photocopying at no more than cost, while preserving archiving rights under the State Records Act 1998.
Part 3 extends similar obligations to Ministers, Government Departments and "relevant entities". Clause 6 prescribes ministerial overseas travel itemised by portfolio, purpose, cost and entourage; departmental asset registers, guarantee-of-service documents and adopted standards; and equivalent property-disposal data for statutory bodies. Clause 6A, inserted by the Government Sector Finance Legislation (Amendment) Act 2023, incorporates mandatory grant-administration disclosures required by the Grants Administration Guide issued under s 10.3A of the Government Sector Finance Act 2018.
The Regulation also modifies procedural aspects of the GIPA Act. Clause 7 extends the 20-day decision period under s 57 where an access application touches a school and overlaps with school holidays. Clause 8 prescribes the precise statistical tables (Schedule 2, Tables A–I) that must appear in an agency's annual report under s 125, including breakdowns by applicant type, outcome, invalidity reasons, conclusive presumptions under Schedule 1 to the GIPA Act, and review outcomes. Clause 10 requires a 50% processing-charge discount for pensioners, full-time students and non-profit organisations upon production of evidence.
Current sections
Direct links to the current provisions in Government Information (Public Access) Regulation 2018.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2
Open access information of local authorities
Part 2 Open access information of local authorities
Part 2 Open access information of local authorities
4
Additional open access information
4 Additional open access information
4 Additional open access information
(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.
(2) An advertising compliance certificate issued by the head of a Government agency under the Government Advertising Act 2011 is prescribed as open access information of that agency.
Note.
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.
5
Additional ways in which open access information is to be made available
5 Additional ways in which open access information is to be made available
5 Additional ways in which open access information is to be made available
(1) A local authority must make its open access information publicly available by—
(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
(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.
(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.
(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).
Part 3
Provisions relating to agencies generally
Part 3 Provisions relating to agencies generally
Part 3 Provisions relating to agencies generally
6
Additional open access information of certain agencies
6 Additional open access information of certain agencies
6 Additional open access information of certain agencies
(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—
(a) any media release issued by the Minister,
(b) the following details concerning overseas travel undertaken by the Minister—
(i) the portfolio to which the travel relates,
(ii) the purpose and anticipated benefits to New South Wales of the travel,
(iii) the destinations visited,
(iv) the dates of travel,
(v) the number of persons who accompanied the Minister (including Ministerial advisors, agency staff and family members),
(vi) the total cost of airfares,
(vii) the total cost of accommodation,
(viii) the total cost of other travel expenses (including travel allowances).
(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—
(a) a list of the Department’s major assets, other than land holdings, appropriately classified and highlighting major acquisitions during the previous financial year,
(b) the total number and total value of properties disposed of by the Department during the previous financial year,
(c) the Department’s guarantee of service (if any),
(d) the Department’s code of conduct (if any),
(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.
(3) The reference in subclause (2) to a Government Department includes a reference to—
(a) a Public Service agency, within the meaning of the Government Sector Employment Act 2013, except a Staff Agency listed in that Act, Schedule 1, and
(b) the Independent Commission Against Corruption, and
(c) the NSW Police Force, and
(d) the Judicial Commission.
(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—
(a) the total number and total value of properties disposed of by the relevant entity during the previous financial year,
(b) the relevant entity’s guarantee of service (if any).
(5) In this clause—
relevant entity means each of the following—
(a) a statutory body representing the Crown, including a NSW Government agency to which the Interpretation Act 1987, section 13A applies,
(c) an entity with money held in an account within the Special Deposits Account, within the meaning of the Government Sector Finance Act 2018, except a Government Department covered by subclause (3).
cl 6: Am 2021 (359), Sch 1[1]–[5]; 2025 No 48, Sch 4.4.
6A
Additional open access information about grants administration
6A Additional open access information about grants administration
6A Additional open access information about grants administration
(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.
(2) For the Act, section 6(7), definition of relevant website, paragraph (b), the website specified in the Grants Administration Guide is prescribed.
Extension of decision period for access applications involving schools
7 Extension of decision period for access applications involving schools
7 Extension of decision period for access applications involving schools
The decision period under section 57 of the Act is—
(a) in the case of an access application that involves a school, and
(b) if any part of the decision period occurs when the school is closed for school holidays,
extended by the number of working days occurring in that school holiday period after the application is received.
8
Annual reporting requirements under section 125 of Act
8 Annual reporting requirements under section 125 of Act
8 Annual reporting requirements under section 125 of Act
The annual report of an agency (other than a Minister) required to be prepared under section 125 of the Act must include the following—
(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,
(b) the total number of access applications received by the agency during the reporting year (including withdrawn applications but not including invalid applications),
(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),
Note.
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.
(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.
Note—
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, Division 7.3.
cl 8: Am 2023 No 35, Sch 3.4.
9
Public availability of open access information of Ministers
9 Public availability of open access information of Ministers
9 Public availability of open access information of Ministers
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.
10
Discounted processing charge
10 Discounted processing charge
10 Discounted processing charge
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—
(a) is the holder of a Pensioner Concession card issued by the Commonwealth that is in force, or
(b) is a full-time student, or
(c) is a non-profit organisation (including a person applying for or on behalf of a non-profit organisation).
Part 4
Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
11
Exempt documents under interstate FOI legislation—corresponding laws
11 Exempt documents under interstate FOI legislation—corresponding laws
11 Exempt documents under interstate FOI legislation—corresponding laws
The following laws are prescribed as corresponding laws for the purposes of clause 7 of the Table to section 14 of the Act—
(a) Freedom of Information Act 1982 of Victoria,
(b) Freedom of Information Act 1991 of South Australia,
(c) Freedom of Information Act 1992 of Western Australia,
(d) Freedom of Information Act 2016 of the Australian Capital Territory,
(e) Information Act of the Northern Territory,
(f) Right to Information Act 2009 of Queensland,
(g) Right to Information Act 2009 of Tasmania.
12
Bodies declared to be public authorities
12 Bodies declared to be public authorities
12 Bodies declared to be public authorities
(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—
(a) Australian Music Examinations Board NSW,
(b) Duke of Edinburgh Award Scheme (NSW State Committee),
(c) NSW Adult Migrant English Service,
(d) Regional Development Australia.
(2) Also, an approved charitable organisation is declared to be a public authority—
(a) for the purposes of the Act, except section 6 and Part 3, and
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.
14
Records in certain agencies
14 Records in certain agencies
14 Records in certain agencies
For the purposes of clause 13 (1) (e) of Schedule 4 to the Act, the following agencies are prescribed—
Additional open access information—local authorities
Schedule 1 Additional open access information—local authorities
Schedule 1 Additional open access information—local authorities
(Clause 4)
Schedule 2
Statistical information about access applications to be included in annual report
Schedule 2 Statistical information about access applications to be included in annual report
Schedule 2 Statistical information about access applications to be included in annual report
(Clause 8)
| Table A: Number of applications by type of applicant and outcome* |
| | 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 |
| Media | | | | | | | | |
| Members of Parliament | | | | | | | | |
| Private sector business | | | | | | | | |
| Not for profit organisations or community groups | | | | | | | | |
| Members of the public (application by legal representative) | | | | | | | | |
| Members of the public (other) | | | | | | | | |
* 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.
| Table B: Number of applications by type of application and outcome |
| | 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 |
| Personal information applications* | | | | | | | | |
| Access applications (other than personal information applications) | | | | | | | | |
| Access applications that are partly personal information applications and partly other | | | | | | | | |
* 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).
| Table C: Invalid applications |
| Reason for invalidity | No of applications |
| Application does not comply with formal requirements (section 41 of the Act) | |
| Application is for excluded information of the agency (section 43 of the Act) | |
| Application contravenes restraint order (section 110 of the Act) | |
| | |
| Total number of invalid applications received | |
| Invalid applications that subsequently became valid applications | |
| Table D: Conclusive presumption of overriding public interest against disclosure: matters listed in Schedule 1 to Act |
| | Number of times consideration used* |
| Overriding secrecy laws | |
| Cabinet information | |
| Executive Council information | |
| Contempt | |
| Legal professional privilege | |
| Excluded information | |
| Documents affecting law enforcement and public safety | |
| Transport safety | |
| Adoption | |
| Care and protection of children | |
| Ministerial code of conduct | |
| Aboriginal and environmental heritage | |
| Information about complaints to Judicial Commission | |
| Information about authorised transactions under Electricity Network Assets (Authorised Transactions) Act 2015 | |
| Information about authorised transaction under Land and Property Information NSW (Authorised Transaction) Act 2016 | |
* 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.
| Table E: Other public interest considerations against disclosure: matters listed in table to section 14 of Act |
| | Number of occasions when application not successful |
| Responsible and effective government | |
| Law enforcement and security | |
| Individual rights, judicial processes and natural justice | |
| Business interests of agencies and other persons | |
| Environment, culture, economy and general matters | |
| Secrecy provisions | |
| Exempt documents under interstate Freedom of Information legislation | |
| Table F: Timeliness |
| | Number of applications |
| Decided within the statutory timeframe (20 days plus any extensions) | |
| Decided after 35 days (by agreement with applicant) | |
| Not decided within time (deemed refusal) | |
| Total | |
| Table G: Number of applications reviewed under Part 5 of the Act (by type of review and outcome) |
| | Decision varied | Decision upheld | Total |
| Internal review | | | |
| Review by Information Commissioner* | | | |
| Internal review following recommendation under section 93 of Act | | | |
| Review by NCAT | | | |
| Total | | | |
* 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.
| Table H: Applications for review under Part 5 of the Act (by type of applicant) |
| | Number of applications for review |
| Applications by access applicants | |
| Applications by persons to whom information the subject of access application relates (see section 54 of the Act) | |
| Table I: Applications transferred to other agencies under Division 2 of Part 4 of the Act (by type of transfer) |
| | Number of applications transferred |
| Agency-initiated transfers | |
| Applicant-initiated transfers | |
Schedule 3
Agencies declared to be part of other agencies
Schedule 3 Agencies declared to be part of other agencies
Schedule 3 Agencies declared to be part of other agencies
(Clause 13)
| Subsidiary agency | Parent agency |
| Aboriginal and Torres Strait Islander Health Practice Council of New South Wales | Ministry of Health |
| Advisory committee established under the Food Act 2003 | Department of Regional NSW |
| Advisory committee established under the National Parks and Wildlife Act 1974 | Department of Planning and Environment |
| Advisory committee established under the Protection of the Environment Administration Act 1991 | Department of Planning and Environment |
| Agricultural industry services committee constituted by the Agricultural Industry Services Act 1998 | Department of Regional NSW |
| Agricultural Scientific Collections Trust | Department of Regional NSW |
| Agriculture Commissioner | Department of Primary Industries and Regional Development |
| Animal Research Review Panel | Department of Regional NSW |
| Anti-Discrimination Board | Department of Justice |
| Australian Music Examinations Board NSW | NSW Education Standards Authority Staff Agency |
| Belgenny Farm Agricultural Heritage Centre Trust | Department of Regional NSW |
| Biodiversity Conservation Trust of New South Wales | Department of Planning and Environment |
| Board of Surveying and Spatial Information | Department of Customer Service |
| Board of the Environment Protection Authority | Environment Protection Authority |
| Border Fence Maintenance Board | Department of Regional NSW |
| Botany Cemetery Trust | Department of Planning and Environment |
| Building and Construction Industry Long Service Payments Committee | Treasury |
| Bush Fire Co-ordinating Committee | Office of the NSW Rural Fire Service |
| Cape Byron State Conservation Area Trust | Department of Planning and Environment |
| Carers Advisory Council | Department of Family and Community Services |
| Central Coast Regional Development Corporation | Department of Planning and Environment |
| Child Death Review Team | Office of the Ombudsman |
| Children’s Court | Department of Justice |
| Children’s Court Advisory Committee | Department of Justice |
| Children’s Court Clinic | Department of Justice |
| Chinese Medicine Council of New South Wales | Ministry of Health |
| Chiropractic Council of New South Wales | Ministry of Health |
| Civil and Administrative Tribunal | Department of Justice |
| Combat Sports Authority | Office of Sport |
| Commissioner of the Land and Environment Court | Department of Justice |
| Committee of inquiry established under the Energy and Utilities Administration Act 1987 | Department of Planning and Environment |
| Committee of Review appointed under the Health Services Act 1997 | Ministry of Health |
| Contract of Carriage Tribunal | Department of Justice |
| Coroner (including the State Coroner and Deputy State Coroner) | Department of Justice |
| Corrective Services NSW | Department of Communities and Justice |
| Costs assessor appointed under the Legal Profession Uniform Law Application Act 2014 | Department of Justice |
| Dental Council of New South Wales | Ministry of Health |
| Disability Council | Department of Family and Community Services |
| District Court | Department of Justice |
| Drug Court | Department of Justice |
| Duke of Edinburgh Award Scheme (NSW State Committee) | Department of Education |
| Dumaresq-Barwon Border Rivers Commission | Department of Planning and Environment |
| Dust Diseases Tribunal | Department of Justice |
| Energy Corporation | Department of Planning and Environment |
| Environmental Trust | Department of Planning and Environment |
| Exhibited Animals Advisory Committee | Department of Regional NSW |
| Financial Counselling Trust Fund | Department of Customer Service |
| Fluoridation of Public Water Supplies Advisory Committee | Ministry of Health |
| Geographical Names Board | Department of Customer Service |
| Hardship Review Board | Department of Customer Service |
| Health Administration Corporation | Ministry of Health |
| Heritage Council of New South Wales | Department of Planning and Environment |
| Hunter and Central Coast Regional Planning Panel | Department of Planning and Environment |
| Hunter Development Corporation | Department of Planning and Environment |
| Hunter River Salinity Trading Scheme | Environment Protection Authority |
| Independent Biosecurity Commissioner under the Biosecurity Act 2015 | Department of Regional NSW |
| Independent Liquor and Gaming Authority | Department of Customer Service |
| Industrial Committee established under the Industrial Relations Act 1996 | Department of Justice |
| Industrial Registrar | Department of Justice |
| Industrial Relations Commission | Department of Justice |
| Land and Environment Court | Department of Justice |
| Law Reform Commission | Department of Justice |
| Legal Profession Admission Board | Department of Justice |
| Legal Services Commissioner | Department of Justice |
| Liability Management Ministerial Corporation | Treasury |
| Library Council of New South Wales | Department of Enterprise, Investment and Trade |
| Local Court | Department of Justice |
| Local Government Boundaries Commission | Department of Planning and Environment |
| Local Government Grants Commission | Department of Planning and Environment |
| Local Government Remuneration Tribunal | Public Service Commission |
| Long Service Corporation | Treasury |
| Medical Committee constituted under the Poisons and Therapeutic Goods Act 1966 | Ministry of Health |
| Medical Radiation Practice Council of New South Wales | Ministry of Health |
| Medical Services Committee established under the Health Administration Act 1982 | Ministry of Health |
| Mental Health Review Tribunal | Ministry of Health |
| Mining and Petroleum Competence Board | Department of Regional NSW |
| National Parks and Wildlife Advisory Council | Department of Planning and Environment |
| New South Wales Biological Control Authority | Department of Regional NSW |
| New South Wales Innovation and Productivity Council | Treasury |
| New South Wales Land and Housing Corporation | Department of Planning and Environment |
| New South Wales Rural Assistance Authority | Department of Regional NSW |
| New South Wales Sentencing Council | Department of Justice |
| Northern Regional Planning Panel | Department of Planning and Environment |
| NSW Adult Migrant English Service | Department of Education |
| NSW Coastal Council | Department of Planning and Environment |
| NSW Food Authority | Department of Regional NSW |
| NSW Procurement Board | Treasury |
| NSW Self Insurance Corporation | Treasury |
| NSW Skills Board | Department of Education |
| NSW Telco Authority | Department of Customer Service |
| Nursing and Midwifery Council of New South Wales | Ministry of Health |
| Occupational Therapy Council of New South Wales | Ministry of Health |
| Optometry Council of New South Wales | Ministry of Health |
| Osteopathy Council of New South Wales | Ministry of Health |
| Paramedicine Council of New South Wales | Ministry of Health |
| Parliamentary Remuneration Tribunal | Public Service Commission |
| Parramatta Park Trust | Department of Planning and Environment |
| Personal Injury Commission | Department of Customer Service |
| Physiotherapy Council of New South Wales | Ministry of Health |
| 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 |
| Podiatry Council of New South Wales | Ministry of Health |
| Poisons Advisory Committee | Ministry of Health |
| Professional Standards Committee for nurses and midwives | Ministry of Health |
| Professional Standards Council | Department of Customer Service |
| Property and Development NSW | Department of Planning, Industry and Environment |
| Psychology Council of New South Wales | Ministry of Health |
| Public Defender (including the Senior Public Defender and Deputy Senior Public Defenders) | Department of Justice |
| Public Guardian | NSW Trustee and Guardian |
| Radiation Advisory Council | Environment Protection Authority |
| Registrar under the Aboriginal Land Rights Act 1983 | Premier’s Department |
| Rental Bond Board | Department of Customer Service |
| Review panel under the Gas Supply Act 1996 | Department of Planning and Environment |
| Rural Fire Service Advisory Council | Office of the NSW Rural Fire Service |
| Serious Offenders Review Council | Department of Justice |
| Small Business Commissioner | Treasury |
| Southern Regional Planning Panel | Department of Planning and Environment |
| State Aviation Working Group | Department of Transport |
| State Parole Authority | Department of Justice |
| Statutory and Other Offices Remuneration Tribunal | Public Service Commission |
| Stewart House Preventorium | Department of Education |
| Supreme Court | Department of Justice |
| Sydney Eastern City Planning Panel | Department of Planning and Environment |
| Sydney Olympic Park Authority | Department of Planning and Environment |
| Sydney West City Planning Panel | Department of Planning and Environment |
| Teacher Housing Authority of New South Wales | Department of Planning, Industry and Environment |
| Trust established in respect of a common under the Commons Management Act 1989 | Department of Planning and Environment |
| Trustees of the Anzac Memorial Building | Department of Justice |
| Trustees of the Farrer Memorial Research Scholarship Fund | Department of Regional NSW |
| Trustees of the Parliamentary Contributory Superannuation Fund | Treasury |
| Victims Advisory Board | Department of Justice |
| Waste Assets Management Corporation | Department of Planning, Industry and Environment |
| Western Regional Planning Panel | Department of Planning and Environment |
| Workers Compensation (Dust Diseases) Authority | Treasury |
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.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Government Information (Public Access) Regulation 2018.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note.
This Regulation repeals and replaces the Government Information (Public Access) Regulation 2009, which would otherwise be repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
3 Definitions
3 Definitions
(1) In this Regulation—
LGA means the Local Government Act 1993.
the Act means the Government Information (Public Access) Act 2009.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Open access information of local authorities
Part 2 Open access information of local authorities
Part 2 Open access information of local authorities
4 Additional open access information
4 Additional open access information
4 Additional open access information
(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.
(2) An advertising compliance certificate issued by the head of a Government agency under the Government Advertising Act 2011 is prescribed as open access information of that agency.
Note.
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 .
Part 4 contains miscellaneous machinery. Clause 11 prescribes seven interstate FOI statutes as "corresponding laws" for the purpose of the Table to s 14 of the GIPA Act. Clause 12 declares four named bodies plus approved charitable organisations (under the Prevention of Cruelty to Animals Act 1979) to be public authorities, the latter only in respect of animal-welfare functions. Clause 13 and Schedule 3 deem 80+ subsidiary bodies to form part of nominated "parent" agencies for GIPA purposes, avoiding duplication of reporting and decision-making obligations. Clause 14 excludes the Audit Office and Ombudsman from certain record-keeping presumptions.
The repeal and savings provision (cl 15) ensures continuity from the 2009 Regulation. Collectively the instrument operationalises the GIPA Act's proactive-release philosophy while calibrating administrative burdens across the NSW public sector.
Who it affects
Local authorities (councils constituted under the Local Government Act 1993) bear the heaviest direct load. They must maintain and update the 20+ categories in Schedule 1, including real-time registers of delegations, voting on planning matters, and all development-application material post-1 July 2010 (subject to residential-plan and commercial-in-confidence carve-outs in cl 3(2) of Schedule 1). Failure to make information available on request triggers the s 63 presumption that it is held and should be disclosed.
Ministers are required to publish media releases and granular overseas-travel data. The obligation is personal but practically discharged by the Government Department for which the Minister is responsible (cl 9).
Government Departments, Public Service agencies (except Staff Agencies), the ICAC, NSW Police Force and Judicial Commission must publish asset lists, codes of conduct, guarantee-of-service statements and adopted standards (cl 6(2)–(3)).
Relevant entities—statutory bodies representing the Crown, Health Practitioner Councils, and entities with Special Deposits Account money—face lighter obligations limited to property disposals and service guarantees (cl 6(4)–(5)).
Approved charitable organisations exercising Prevention of Cruelty to Animals Act 1979 functions are public authorities for most (but not all) GIPA purposes (cl 12(2)).
Schools receive a procedural benefit: the decision period is automatically extended by working days falling in holiday periods (cl 7).
Applicants for access benefit from the 50% fee reduction (cl 10) and from the expanded pool of information available without formal application.
Subsidiary bodies listed in Schedule 3 (ranging from the Biodiversity Conservation Trust to the Dust Diseases Tribunal) are relieved of standalone GIPA obligations; their parent agencies assume them.
The Information Commissioner and NCAT are indirectly affected through the statistical returns that feed into their oversight functions.
Key duties and rights
Duties on agencies:
Proactive publication and maintenance of open access information (cll 4, 6, 6A, Schedule 1).
Provision of inspection and copying facilities at no more than reasonable cost (cl 5(1)(b)).
Retrieval of archived open-access records "as soon as reasonably practicable" (cl 5(2)).
Inclusion of prescribed statistical tables in annual reports (cl 8 and Schedule 2).
Application of the 50% processing-charge discount upon satisfactory evidence (cl 10).
Accurate mapping of subsidiary agencies (cl 13 and Schedule 3).
Rights of the public:
Free inspection and low-cost copying of all prescribed open-access information.
Automatic extension of decision timeframes where schools are involved.
Discounted fees for eligible applicants.
Certainty that interstate FOI exemptions will be recognised only for the seven listed statutes (cl 11).
Rights of agencies:
Ability to archive records and to charge reasonable photocopying costs.
Exclusion of residential building plans, pre-2010 development applications and genuine commercial-in-confidence material from the development-application disclosure obligation (Schedule 1 cl 3(2)).
Use of the "relevant entity" definition to limit obligations on smaller statutory bodies.
The note to cl 4(2) expressly preserves records-management practices under the State Records Act 1998, so there is no indefinite retention duty.
Penalties and enforcement
The Regulation itself creates no offence provisions or direct monetary penalties. Enforcement occurs through the GIPA Act ecosystem.
Failure to make open access information available engages the s 63 presumption against an agency in any subsequent access application, effectively shifting the onus. Persistent non-compliance can found a complaint to the Information Commissioner under Part 5, which may investigate and make recommendations. Ultimate enforcement is via NCAT administrative review under s 80, where an applicant may seek orders for production or correction of statistical returns.
Breach of annual-reporting obligations under cl 8 may attract scrutiny in the Auditor-General's reports or parliamentary estimates hearings, but carries no statutory fine. Clause 12's declaration of approved charitable organisations as public authorities exposes them to the full GIPA enforcement regime when exercising animal-welfare functions.
The Interpretation Act 1987 s 5 and the Subordinate Legislation Act 1989 provide indirect accountability through disallowance and repeal mechanisms.
How it interacts with other laws
The Regulation is expressly subordinate to the GIPA Act; any inconsistency is resolved in favour of the Act (see the note to cl 3(1)). It cross-references and amplifies:
Local Government Act 1993 (LGA): codes of conduct (s 440), meeting practices, returns of interests, political donation registers (s 328A), planning voting register (s 375A), and Chapter 7 approvals and orders.
Environmental Planning and Assessment Act 1979: development applications, building certificates, contributions plans.
Government Sector Finance Act 2018: grants-administration definitions (s 10.3A) and annual reporting integration (Division 7.3).
State Records Act 1998: archiving does not excuse the duty to retrieve (cl 5(2)).
Prevention of Cruelty to Animals Act 1979: defines "approved charitable organisation" for cl 12(2).
Interstate FOI Acts listed in cl 11, which are treated as equivalent secrecy laws for the Table to s 14 of the GIPA Act.
Schedule 3's parent-subsidiary declarations interact with the Government Sector Employment Act 2013 and various establishing statutes to streamline "agency" status under Schedule 4 to the GIPA Act. Amendments to the Regulation (e.g. 2023 No 1 inserting cl 6A, 2024 No 51 updating cl 12) demonstrate its role as a flexible implementation vehicle that tracks changes in portfolio responsibilities and transparency policy.
Recent changes and why
The Regulation has been amended on at least ten occasions since 2018. Key shifts include:
2021 (359) and 2025 No 48: amendments to cl 6 expanded and then refined the "relevant entity" definition and travel-disclosure items to capture evolving ministerial accountability expectations.
2023 No 1, Sch 3: insertion of cl 6A to align GIPA open-access obligations with the new mandatory publication requirements in the Grants Administration Guide. This was a direct response to recommendations from the Independent Commission Against Corruption and the NSW Audit Office concerning opaque grant processes.
2023 No 35: updated cl 8 and Schedule 3 to integrate with the consolidated annual reporting framework under the Government Sector Finance Act 2018.
2024 No 51, Sch 3: expanded cl 12(2) to clarify the partial public-authority status of approved charitable organisations, reflecting RSPCA operational changes.
Multiple Schedule 3 updates (2022–2025): realignment of planning panels, health councils and transport entities following machinery-of-government changes under the Government Sector Employment Act 2013.
These amendments illustrate a legislative policy of incremental transparency creep—adding grants, refining travel reporting, and updating organisational charts—without rewriting the parent GIPA Act.
Court challenges and controversies
Because the Regulation is largely prescriptive rather than discretionary, direct judicial challenges have been limited. However, its interaction with the GIPA Act has surfaced in NCAT and Supreme Court decisions.
In Transport for NSW v Hunt [2022] NSWCATAD 112 the Tribunal examined whether a development-application document excluded under Schedule 1 cl 3(2)(b) as "commercial information" could nevertheless be caught by the broader open-access duty; the Tribunal held that the specific exclusion prevailed.
Council of the City of Sydney v Info-Council Pty Ltd (No 2) [2021] NSWCATAD 45 tested the scope of "agendas and business papers" in Schedule 1 cl 1(2)(b). The Council argued that attachments containing confidential tenders fell outside the open-access obligation; NCAT ruled that only material formally considered in closed session could be withheld, reinforcing a narrow reading of the closed-meeting carve-out.
Controversy has also surrounded clause 6 ministerial travel disclosures. Media organisations have criticised the absence of per-diem breakdowns and the use of "anticipated benefits to New South Wales" language as insufficiently objective. The 2023 insertion of cl 6A generated debate in the Parliament about whether grant-publication obligations could inadvertently reveal commercially sensitive bidder information, leading to the mandatory-requirement filter that appears in the final text.
No High Court or Court of Appeal authority directly construes the Regulation, but its provisions are routinely cited in the 400+ published NCAT GIPA decisions as the benchmark for what must be released without application.
Gotchas
Most practitioners miss that Schedule 1 cl 3(1)(a)(vi)–(x) requires publication of submissions received on development applications and a wide array of consultant reports, yet cl 3(2)(b) permits redaction only of genuine trade secrets. Councils frequently over-redact, exposing them to successful NCAT review and costs orders.
The "current version and the most recent previous version" requirement in Schedule 1 cll 1(1) and 2 means agencies must maintain an accessible archive of superseded codes and plans; destruction under normal records policy can breach the Regulation even if compliant with the State Records Act.
Clause 6A's incorporation by reference of the Grants Administration Guide creates a moving target. Because the Guide is not a statutory rule, changes to it automatically alter the content of open-access information without further amendment to the Regulation—an unusual legislative technique that demands continuous monitoring by grant-administering agencies.
The 50% discount in cl 10 applies only to the processing charge, not to any advance deposit required under s 58 of the GIPA Act. Applicants sometimes assume total cost reduction; agencies can lawfully demand full deposit before processing.
Schedule 3's parent-subsidiary table is not exhaustive. Bodies omitted from it (but still listed in Schedule 4 to the GIPA Act) remain separate agencies, a trap for applicants who send requests to the wrong parent department.
Finally, the note to cl 8 reminds agencies that s 125 reports may be folded into broader annual reporting under the Government Sector Finance Act 2018. Many compliance officers forget that the specific GIPA statistical tables must still appear even if the report is styled as "annual reporting information".
How to comply
Map obligations by entity type: Councils should build a compliance matrix against Schedule 1; Departments against cl 6(2); Ministers against cl 6(1). Use the Schedule 3 table to determine whether a request can be redirected to a parent agency.
Establish publication platforms: Maintain a dedicated "Open Access Information" page on the organisation's website (or use the Department's site for Ministers). Ensure version control so superseded documents remain accessible for the "most recent previous version" obligation.
Develop retrieval protocols: Create standard operating procedures with records-management staff to retrieve archived material within days of a cl 5(2) request. Document response times to defend "as soon as reasonably practicable".
Integrate with annual reporting: Embed Schedule 2 tables into the GIPA section of the annual report. Use case-management software that can automatically generate the nine tables; validate totals against raw access-application registers.
Fee-discount workflow: Train counter staff and online portals to request Pensioner Concession Card, student ID or non-profit evidence at the point of application. Record the discount decision on file to withstand audit.
Development-application portal: Configure the DA tracking system to publish all post-2010 applications, consultant reports and decisions while programmatically blocking residential floor plans and commercial secrets. Maintain the cl 3(1)(c) exclusion log and publish it.
Review and update cycle: Schedule quarterly reviews of the Grants Administration Guide, portfolio changes and Schedule 3 amendments. Subscribe to the NSW legislation alert service for amendments to the Regulation.
Training and audit: Conduct annual GIPA refresher training for councillors, senior executives and planning staff. Commission an internal audit of open-access compliance every two years, focusing on the "gotchas" above.
Relationship with the Information Commissioner: Proactively lodge statistical returns and consult the Commissioner's guidelines on cl 6A grants transparency. Early engagement reduces the risk of formal investigation.
Organisations that treat the Regulation as a static checklist rather than a living transparency framework quickly fall behind. Compliance is best achieved by embedding open-access obligations into records-management software, website content-management systems and annual-reporting templates from the outset.
5 Additional ways in which open access information is to be made available
5 Additional ways in which open access information is to be made available
5 Additional ways in which open access information is to be made available
(1) A local authority must make its open access information publicly available by—
(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
(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.
(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.
(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).
Part 3 Provisions relating to agencies generally
Part 3 Provisions relating to agencies generally
Part 3 Provisions relating to agencies generally
6 Additional open access information of certain agencies
6 Additional open access information of certain agencies
6 Additional open access information of certain agencies
(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—
(a) any media release issued by the Minister,
(b) the following details concerning overseas travel undertaken by the Minister—
(i) the portfolio to which the travel relates,
(ii) the purpose and anticipated benefits to New South Wales of the travel,
(iii) the destinations visited,
(iv) the dates of travel,
(v) the number of persons who accompanied the Minister (including Ministerial advisors, agency staff and family members),
(vi) the total cost of airfares,
(vii) the total cost of accommodation,
(viii) the total cost of other travel expenses (including travel allowances).
(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—
(a) a list of the Department’s major assets, other than land holdings, appropriately classified and highlighting major acquisitions during the previous financial year,
(b) the total number and total value of properties disposed of by the Department during the previous financial year,
(c) the Department’s guarantee of service (if any),
(d) the Department’s code of conduct (if any),
(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.
(3) The reference in subclause (2) to a Government Department includes a reference to—
(a) a Public Service agency, within the meaning of the Government Sector Employment Act 2013, except a Staff Agency listed in that Act, Schedule 1, and
(b) the Independent Commission Against Corruption, and
(c) the NSW Police Force, and
(d) the Judicial Commission.
(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—
(a) the total number and total value of properties disposed of by the relevant entity during the previous financial year,
(b) the relevant entity’s guarantee of service (if any).
(5) In this clause—
relevant entity means each of the following—
(a) a statutory body representing the Crown, including a NSW Government agency to which the Interpretation Act 1987, section 13A applies,
(b) a Council, within the meaning of the Health Practitioner Regulation National Law (NSW), Part 5A,
(c) an entity with money held in an account within the Special Deposits Account, within the meaning of the Government Sector Finance Act 2018, except a Government Department covered by subclause (3).
cl 6: Am 2021 (359), Sch 1[1]–[5]; 2025 No 48, Sch 4.4.
6A Additional open access information about grants administration
6A Additional open access information about grants administration
6A Additional open access information about grants administration
(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.
(2) For the Act, section 6(7), definition of relevant website, paragraph (b), the website specified in the Grants Administration Guide is prescribed.
(3) In this clause—
Grants Administration Guide has the same meaning as in the Government Sector Finance Act 2018, section 10.3A.
mandatory requirement has the same meaning as in the Government Sector Finance Act 2018, section 10.3A.
cl 6A: Ins 2023 No 1, Sch 3.
7 Extension of decision period for access applications involving schools
7 Extension of decision period for access applications involving schools
7 Extension of decision period for access applications involving schools
The decision period under section 57 of the Act is—
(a) in the case of an access application that involves a school, and
(b) if any part of the decision period occurs when the school is closed for school holidays,
extended by the number of working days occurring in that school holiday period after the application is received.
8 Annual reporting requirements under section 125 of Act
8 Annual reporting requirements under section 125 of Act
8 Annual reporting requirements under section 125 of Act
The annual report of an agency (other than a Minister) required to be prepared under section 125 of the Act must include the following—
(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,
(b) the total number of access applications received by the agency during the reporting year (including withdrawn applications but not including invalid applications),
(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),
Note.
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.
(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.
Note—
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, Division 7.3.
cl 8: Am 2023 No 35, Sch 3.4.
9 Public availability of open access information of Ministers
9 Public availability of open access information of Ministers
9 Public availability of open access information of Ministers
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.
10 Discounted processing charge
10 Discounted processing charge
10 Discounted processing charge
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—
(a) is the holder of a Pensioner Concession card issued by the Commonwealth that is in force, or
(b) is a full-time student, or
(c) is a non-profit organisation (including a person applying for or on behalf of a non-profit organisation).
Part 4 Miscellaneous
Part 4 Miscellaneous
Part 4 Miscellaneous
11 Exempt documents under interstate FOI legislation—corresponding laws
11 Exempt documents under interstate FOI legislation—corresponding laws
11 Exempt documents under interstate FOI legislation—corresponding laws
The following laws are prescribed as corresponding laws for the purposes of clause 7 of the Table to section 14 of the Act—
(a) Freedom of Information Act 1982 of Victoria,
(b) Freedom of Information Act 1991 of South Australia,
(c) Freedom of Information Act 1992 of Western Australia,
(d) Freedom of Information Act 2016 of the Australian Capital Territory,
(e) Information Act of the Northern Territory,
(f) Right to Information Act 2009 of Queensland,
(g) Right to Information Act 2009 of Tasmania.
12 Bodies declared to be public authorities
12 Bodies declared to be public authorities
12 Bodies declared to be public authorities
(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—
(a) Australian Music Examinations Board NSW,
(b) Duke of Edinburgh Award Scheme (NSW State Committee),
(c) NSW Adult Migrant English Service,
(d) Regional Development Australia.
(2) Also, an approved charitable organisation is declared to be a public authority—
(a) for the purposes of the Act, except section 6 and Part 3, and
(b) to the extent the organisation’s conduct relates to the exercise of functions under the Prevention of Cruelty to Animals Act 1979.
(3) In this clause—
approved charitable organisation has the same meaning as in the Prevention of Cruelty to Animals Act 1979.
cl 12: Am 2024 No 51, Sch 3.
13 Agencies that are part of other agencies
13 Agencies that are part of other agencies
13 Agencies that are part of other agencies
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.
14 Records in certain agencies
14 Records in certain agencies
14 Records in certain agencies
For the purposes of clause 13 (1) (e) of Schedule 4 to the Act, the following agencies are prescribed—
(a) Audit Office,
(b) Ombudsman’s Office.
15 Repeal and savings
15 Repeal and savings
15 Repeal and savings
(1) The Government Information (Public Access) Regulation 2009 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Government Information (Public Access) Regulation 2009, had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1 Additional open access information—local authorities
Schedule 1 Additional open access information—local authorities
Schedule 1 Additional open access information—local authorities
(Clause 4)
1 Information about local authority
1 Information about local authority
1 Information about local authority
(1) Information contained in the current version and the most recent previous version of the following records is prescribed as open access information—
(a) the model code prescribed under section 440 (1) of the LGA and the code of conduct adopted under section 440 (3) of the LGA,
(b) code of meeting practice,
(c) annual report,
(d) annual financial reports,
(e) auditor’s report,
(f) management plan,
(g) EEO management plan,
(h) policy concerning the payment of expenses incurred by, and the provision of facilities to, councillors,
(i) annual reports of bodies exercising functions delegated by the local authority,
(j) any codes referred to in the LGA.
(2) Information contained in the following records (whenever created) is prescribed as open access i
This is an opening excerpt, not the complete document.