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Rationale for particular exclusions
There are certain agencies to which an access application cannot currently be made in respect of some of their functions. These include courts to which, for obvious reasons, an application for information cannot be made in respect of their judicial functions (although applications can be made in respect of their administrative functions).
In accordance with the Ombudsman’s recommendations, the Department of Premier and Cabinet has consulted with relevant agencies to request that they articulate the reasons why it is necessary for these exclusions to continue to apply.
Their responses, explaining the rationale for their inclusion in that Schedule, are set out below:
| Excluded Information of particular agencies | Rationale |
|---|---|
| The office of Director of Public Prosecutions—prosecuting functions. | Director of Public Prosecutions |
| The office of Auditor-General—investigative, audit and report functions. | Audit Office |
| The Independent Commission Against Corruption—corruption prevention, complaint handling, investigative and report functions. | Independent Commission Against Corruption |
| The office of Inspector of the Independent Commission Against Corruption—operational auditing, complaint handling, investigative and report functions. |
Inspector of the Independent Commission Against Corruption |
| The Judicial Commission of NSW | Judicial Commission |
| The office of Ombudsman—the complaint handling, investigative and reporting functions of that office including any functions of the Ombudsman under the Community Services (Complaints, Reviews and Monitoring) Act 1993. | Ombudsman |
| The office of Legal Services Commissioner—the complaint handling, investigative, review and reporting functions of that office. | Legal Services Commissioner |
| The Health Care Complaints Commission—complaint handling, investigative, complaints resolution and reporting functions (including any functions exercised by the Health Conciliation Registry and any function concerning the provision of information to a registration authority (within the meaning of the Health Care Complaints Act 1993) relating to a particular complaint.). | Health Care Complaints Commission |
| The Child Death Review Team—all functions. | Child Death Review Team |
| The Police Integrity Commission—corruption prevention, complaint handling, investigative and report functions. | Police Integrity Commission |
| The office of Inspector of the Police Integrity Commission— operational auditing, complaint handling, investigative and report functions. |
Inspector of the Police Integrity Commissions |
| The office of Privacy Commissioner—the complaint handling, investigative and reporting functions of that office. | Privacy Commissioner |
| The New South Wales Crime Commission—investigative and reporting functions. | NSW Crime Commission |
| The President of the Anti-Discrimination Board—complaint handling, investigative and reporting functions in relation to a complaint that is in the course of being dealt with by the President. | Anti-Discrimination Board |
| The Department of Local Government (including the Director-General and other Departmental representatives)—complaint handling and investigative functions conferred by or under any Act on that Department. | Department of Local Government |
| The Treasury Corporation—borrowing, investment and liability and asset management functions. | Treasury Corporation |
| The SAS Trustee Corporation—investment functions. | SAS Trustee Corporation |
| Any body or office that exercises functions under the National Electricity (NSW) Law (including functions under the National Electricity Code referred to in that Law) on behalf of NEMMCO (the company established under the Corporations Law under the corporate name National Electricity Market Management Company Limited (ACN 072 010 327)) or any successor to NEMMCO—those functions. | Department of Water and Energy NEMMCO |
| The Corporation constituted under the Superannuation Administration Authority Corporatisation Act 1999—functions exercised in the provision of superannuation scheme administration services, and related services, in respect of any superannuation scheme that is not a State public sector superannuation scheme. | Superannuation Administration Corporation (Pillar) |
| The Workers Compensation Nominal Insurer established under the Workers Compensation Act 1987—functions relating to the issuing of policies of insurance to employers and the calculation of premiums (but only in relation to individual employers), the management of specific claims and to asset and funds management and investment. | WorkCover NSW |
| The office of Public Trustee—functions exercised in the Public Trustee’s capacity as executor, administrator or trustee. | Public Trustee |
| The Department of Education and Training—functions relating to the storing of, reporting on or analysis of information with respect to the ranking or assessment of students who have completed the Higher School Certificate for entrance into tertiary institutions. | Department of Education and Training |
| Universities—functions relating to dealing with information with respect to the ranking or assessment of students who have completed the Higher School Certificate for entrance into tertiary institutions. | NSW Vice-Chancellors’ Committee |
There are also agencies that deal with a small number of particularly sensitive categories of information, which are currently exempt under the FOI Act.
Agencies affected by these provisions, who considered it necessary for the special protections for this information to be retained in the new legislation, were also asked to articulate the reasons why such provisions are necessary.
Their responses, explaining the rationale for the provisions are set out below.
| Information for which there is conclusive presumption of overriding public interest against disclosure | Rationale |
|---|---|
| Transport safety | Office of Transport Safety Investigations |
| Adoption | Department of Community Services |
| Care and protection of children | Department of Community Services |
| Aboriginal places and objects, and threatened species | Department of Environment and Climate Change Department of Aboriginal Affairs Department of Local Government |