Freedom of Information
- Seeking information
- What sort of information can I ask for?
- Is any information not available?
- What is Freedom of Information?
- Requesting information
- Fees for FOI
- Resources
Seeking information
If you are seeking information, you should first approach the Department with your request. We respond to many requests for general information from the public each day.
If the information you want is of a personal nature, you can seek information through Freedom of Information (FOI).
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
- examination and training records.
Non-personal information includes:
- government policy documents
- research materials
- instruction and procedure manuals
- market research and product testing records.
Information can be in the form of:
- certificates
- files
- computer printouts
- maps
- films
- photographs
- tape recordings
- video recordings.
Is any information not available?
Under the Freedom of Information Act 1989, 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
- 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
- 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.
What is Freedom of Information?
The NSW Freedom of Information Act 1989 gives citizens 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
- appeal against a decision not to grant access to information or to amend personal records.
Requesting information
If you want to make an FOI request, you need to:
- identify the information or document that you want
- identify which agency or organisation is likely to keep that information.
If you are unsure about the agency concerned, please contact the agency's FOI officer or the Government Information Service. NSW Government legislation does not cover other State or Commonwealth agencies.
Then you will need to:
- submit your request on an FOI application form or in a letter and post it
- provide as much information as possible about the document you want to see, such as file reference numbers
- enclose a $30 fee with your application. See fees, rebates and refunds
Government departments have 21 days to complete your FOI application, however the time may be extended if third-party consultations are required.
Sometimes processing fees may need to be charged to deal with applications. There are provisions for discounts to eligible applicants.
Fees
| Nature of application | Fee | Processing charge |
|---|---|---|
| Access to records by individuals about their personal affairs (this does not include companies, organisations or businesses) | $30 | $30 per hour after first 20 hours |
| All other requests | $30 | $30 per hour |
| Internal review | $40 | Nil |
| Amendment of records | Free | Nil |
Rebates
A rebate of 50 per cent may be available on fees and charges for pensioners with a Health Benefit Card as well as people with an equivalent income who are under financial hardship. Not-for-profit organisations under financial hardship, children and cases where public interest can be demonstrated may also be eligible for a discount.
Refunds
Refunds can apply as a result of successful internal reviews and applications for the amendment of records.
Internal reviews
No application fees are charged for internal review for amending records.
Resources
- Application form
- Guidelines for using FOI in NSW
- The Freedom of Information Act 1989
- Freedom of Information Manual
- Review and Appeals
- FOI contact
