Guidelines for using FOI in NSW

Accessing Information

What is Freedom of Information? In New South Wales, the Freedom of Information Act 1989 gives you the legal right to:

• Obtain access to information held as records by State Government Agencies, a Government Minister, local government and other public bodies;
• Request amendments to records of a personal nature that are inaccurate; and
• Appeal against a decision not to grant access to information or to amend personal records.

What sort of information can I ask for?

You can ask for any kind of personal or non-personal information. Personal information includes your public education and school records, health, welfare and superannuation records, and examination and training records. Non-personal information includes government policy documents, research materials, instruction and procedure manuals, and market research and product testing records. Information can be in the form of certificates, files, computer printouts, maps, films, photographs, tape recordings and video recordings.

What agencies and other public bodies can give me this information?

Agencies and public bodies that must give you information under FOI include:

• Government departments and authorities
• State boards and committees
• Government Ministers
• Local and municipal councils
• Universities
• Public hospitals
• Regulatory bodies eg the Harness Racing Authority

Is any Information not available?

Under the Freedom of Information Act, wherever possible, agencies are required to make information available. You may be denied right of access to information only where, for example, there is a legitimate need for confidentiality or where another person's privacy may be invaded. This information is called "exempt" and includes:

• State Government cabinet and executive council documents (with the exception of those that are factual or statistical and do not disclose cabinet or executive council deliberations or decisions);
• Documents which are exempt under Commonwealth or other States FOI legislation;
• Documents concerning law enforcement and public safety;
• Documents subject to legal professional privilege; and
• Documents subject to secrecy provisions in other legislation.

Other information which may be exempt includes documents affecting:

• Personal affairs of another person;
• Business affairs of another person or business; and
• The economy of the State.

The Premier of NSW, as the Minister responsible for FOI, has the right to issue a Ministerial Certificate stating that a specific document is exempt and restricted.

How do I request Information?

Every day government and other public bodies respond to requests for general information from the public. This process will still be your first avenue of access to the information you wish to see.

To make an FOI request, however, take the following steps:

• Identify the information or document that you would like to see;
• Identify which agency or organisation is likely to keep that information. If you are unsure about the agency concerned, contact the agency's FOI officer or the Government Information Service. Remember, there is separate Freedom of Information legislation for other States and for the Federal Government (Commonwealth). NSW State Government legislation does not cover other States or Commonwealth agencies;
• Write your request on an FOI application form (available from all Government agencies) or in a letter and post or deliver it to the agency concerned;
• Provide as much information as possible about the document you wish to see, such as file reference numbers; and
• Enclose the $30 fee for your application.

What will the agency do when it receives my request?

All agencies and organisations covered by FOI legislation have a responsibility to deal with your request as soon as possible. You will be contacted if any difficulties arise. They must advise you in writing within 21 days that the information is available, or if your request has been deferred or refused. This period may be extended by a further 14 days if special circumstances apply, such as the need to consult with a third party.

How will I receive the Information that I have requested?

If the information you request is in written form, the agency can let you know when and where you can see the document or provide you with a copy. If you have asked for access to information that is not in written form, such as video tapes, sound recordings or photographs, arrangements will be made for you to hear or view the material.

How much will it cost me to make a request for Information?

Charges fall into two categories - application fees and processing fees.

Application fees: A $30 fee covers applications for both personal and non-personal information.

Processing fees: Processing fees cover time for locating the information, decision-making, consultation where necessary and any photocopying. A $30 an hour fee covers processing for both personal and non-personal information. However, you are entitled to up to 20 hours of free processing time for request about your personal affairs. There is no upper limit on fees.

Rebates: Rebates of 50 percent are offered on all charges:

• For pensioners with the Health Benefit Card as well as those with an equivalent income who are under financial hardship;
• For non-profit organisations under financial hardship;
• Where public interest can be demonstrated; and
• For children.

Can an agency refuse to give me the Information I request?

Yes. A request for information may be refused:

• If the document is exempt;
• If it would unreasonably divert the agency's resources from its normal functions. (However, before refusing a request, the agency must offer to help to amend the application so that work may be carried out without disruption); and
• If an agency believes you may be seriously affected by personally accessing information relating to your physical or mental health. (You can ask that your medical doctor looks at the information and tells you about it.)
• If the agency fails to advise you of the result of your application within the allowable time period then you can consider your application for access has been refused.

If you request is deferred or refused, you must be advised of the reasons. You have a right to appeal against most of these decisions. (See "Reviews and Appeals" for further information).

Can I correct inaccurate documents about me?

Yes, if you believe any information about you is incomplete, incorrect, misleading, or out-of-date, you have the right to request that it is corrected.

How do I ask for correction of documents about me?

Applications for correction to a document should be made using an FOI amendment request form or in a letter. If you have any information to support your request, include this with your application. Post or deliver your application to the agency or organisation which gave you access to your file or documents. Ensure that your address is included for correspondence.

What will the agency do when it receives my request for correction?

You must be advised of an agency decision on your request as soon as possible and within 21 days. If your request is refused, reasons must be given. You will be advised of the agency's findings and your rights to appeal against the decision. (See "Reviews and Appeals" for further details). If the agency refuses to amend your records, you may ask that a note is attached outlining the details of your requested corrections.

What will it cost to ask for correction of documents about me?

Once you have received documents under FOI, there is no charge to have personal information in them amended. Where there is significant correction of personal records and the mistakes were not your fault, all fees and charges paid for the original application will be fully refunded.

What other responsibilities do agencies and organisations covered by Freedom of Information legislation have?

All agencies are required to publish information about their operations called a "Statement of Affairs". These statements will include details on:

• Agency structures and functions;
• How its operations affect the public;
• How members of the public can participate in formulation of its policies;
• Descriptions of all policy documents held by the agency; and
• An outline of the procedures for gaining access to those documents.

A regularly updated "Summary of Affairs" must also be published in the Government Gazette.

Who can help me with more information or if I have any problems understanding FOI?

Most Government agencies have an Freedom of Information (FOI) officer who can help you with your queries.

If you are unsure about the agency concerned, contact the Government Information Service on (02) 9743 7200
Toll Free (NSW Country) 1800 46 3955 or
Fax (02) 9743 7124 or the
Premier's Department FOI Hotline on (02) 9228 4441 or
Fax (02) 9228 4421.