Access to information

To apply:

• consider what personal or non-personal information you would like
• submit your request online at Apply and pay instantly or download the PDF form at Government information access form (DOCX 154KB)
• email the Information Access and Privacy Unit at gipa.dcceew@environment.nsw.gov.au if you would like help with your application.

If you do not wish to apply online, you can also apply by sending a letter or email. Your letter or email should state that it is an access application made under the GIPA Act and include the following information:

• a postal or email address so we can write to you
• a detailed description about the information you want, being as specific as possible, including information that you think should be taken into account when a decision is made on the application, such as why you are asking for the information or why you feel it should be released – this will help to keep the cost of your application down and help us to identify the information
• the agency you are seeking the information from.

If you are applying using the downloaded form, letter or email, please include proof the application fee has been paid via the website, or the $30 application fee in the form of a cheque or money order. We cannot accept cash. Payment should be made to NSW Department of Climate Change, Energy, the Environment and Water for all applications. The application fee covers the first hour of processing time or the first 2 hours if a 50% reduction of charges has been granted.

You can post your application to:

Information Access and Privacy Unit
NSW Department of Climate Change, Energy, the Environment and Water
Locked Bag 5022
Parramatta NSW 2124

You can email your application to gipa@dcceew.nsw.gov.au.

You can make payments via our online form.

You can also make payment by posting a cheque or money order – no cash – made out to the NSW Department of Climate Change, Energy, the Environment and Water to:

Information Access and Privacy Unit
NSW Department of Climate Change, Energy, the Environment and Water
Locked Bag 5022
Parramatta NSW 2124

For enquiries, phone the Information Access and Privacy Unit on 02 8275 1095 or email gipa@dcceew.nsw.gov.au.

We will advise you within 5 working days of receiving your application if it is valid under the GIPA Act. If it is not valid, we will tell you why and help you to make it valid.

If it is not clear what information you are seeking access to, we will contact you to clarify the scope of your application.

We will then process your application by searching for the information or let you know if it is more appropriate for your application to be dealt with by another agency.

For the purposes of formal information access applications made under the GIPA Act, a draft is defined as a version of a record, that is not the final version of the record, that provides evidence of the process involved in the development of a policy, procedure, decision or action.

Our electronic document management system records a different version of a document each time it is saved, including auto saves. This results in large numbers of versions of each document. For the purposes of formal information access applications made under the GIPA Act, these are not drafts.

If you seek access to drafts of records, your application will be interpreted according to the above definition of a draft document. If you seek access to all versions of a record, you must specify this in your application.

In processing your application, we may have to consult other people, businesses or government agencies on the release of information that relates to them. A decision is then made:

• to provide access
• that the information is not held
• that the information is already available to you
• to refuse to provide access because there is an overriding public interest against disclosure
• to refuse to deal with your application
• to refuse to confirm or deny that the information is held, because there is an overriding public interest against disclosure confirming or denying that fact.

We will provide you with reasons for making any of the above decisions in writing.

If we decide to defer access, we will also give you reasons for deferral and when you will be given access in writing.

We will try to deal with your request as soon as possible and within 20 working days of receiving your application. If we need to consult a third party or retrieve archived records, the 20-day period will be extended by 10 to 15 days.

We may not always be able to meet these timeframes – for example, if there is a large amount of information or many people to consult. We will let you know if this is the case and negotiate a longer timeframe with you. If your request will involve an unreasonable amount of processing work and time, we will ask you to revise your request. The time to revise the request will not be counted in calculating the deadline.

If we do not decide your access application within the allowable timeframe, it is deemed to be refused. We will continue to process your application, but your application fee will be refunded and you may seek a review of this deemed refusal. This will not apply if an extension of time has been arranged or payment of an advance deposit is pending. You will be advised of any changes to the timeframe in writing.

In addition to the $30 application fee, we may charge $30 per hour after the first hour to search for the information, consult third parties and make a decision about access (unless you have asked for your personal information, in which case the first 20 processing hours are free).

You will be given a 50% reduction if you can show you would suffer financial hardship, are a full-time student or a not-for-profit organisation, or you can show that the information is of special benefit to the public generally. You will need to provide supporting evidence.

At our discretion, we can also waive, reduce or refund the fees and charges depending on the reasons you put forward.

We may ask for an advance deposit to cover the estimated processing charges. You will be given 4 weeks to pay the deposit. The time allowed to finalise your application does not include the time waiting for an advance deposit to be paid. Any deposit paid will be refunded if we do not decide your application in time.

In most cases, information will be provided electronically via an emailed download link. You can request access via a different method if needed.

We try to make information available wherever possible. However, you may not be able to obtain information if there is an overriding public interest against disclosure. This can apply to information such as:

• Cabinet information
• confidential information
• information that would breach another person's privacy
• information that would prejudice someone's business, commercial, professional or financial interests
• information that would affect law enforcement and security
• information relating to sensitive threatened species and Aboriginal cultural heritage issues.

We can only refuse access to information if the public interest considerations against disclosure outweigh the general public interest considerations in favour of disclosure. There is no limit to the matters we can take into account in favour of releasing information. We will let you know the reasons in writing if we decide not to release information.

We can also refuse an application if:

• your request would take an unreasonable and substantial amount of time and resources to process – we will help you refine your application so that we can process it
• you do not pay a deposit that we may ask for
• we have already decided a previous application from you for the information (or information that is substantially the same) and there are no reasonable grounds for believing that we would make a different decision
• the information is or has been the subject of a subpoena or other court order for the production of documents and is available to you through the courts.

You can have the following decisions reviewed by us, the Information and Privacy Commission NSW (IPC) and/or the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal:

• a decision that your application is not a valid access application
• a decision to transfer your application to another agency
• a decision to refuse to deal with your application (including a decision that is deemed to have been made because we didn't meet the decision deadline)
• a decision to provide access or to refuse to provide access to information
• a decision that government information is not held by us
• a decision that information applied for is already available to you
• a decision to refuse to confirm or deny that information is held by us
• a decision to defer the provision of access to information
• a decision to provide access in a particular way (or a decision not to provide access in the way asked by you)
• a decision to impose a processing charge or to require an advance deposit
• a decision to refuse a reduction in a processing charge
• a decision to refuse to deal further with your application because you did not pay an advance deposit within the time required for payment
• a decision to include information in a disclosure log despite your objections (or a decision that you were not entitled to object).

You can ask for a decision to be reviewed if you are the access applicant or if a decision has been made to give an applicant access to information that relates to your business, commercial, professional, financial, or personal interests or research contrary to your objections.

An internal review is conducted by someone who is no less senior than the person who made the decision and who was not involved in the original decision. The reviewer will make a new decision as if the original decision had never been made.

You can apply for an internal review within 20 working days of a decision (or, if we don't decide your application in time, within 20 working days of the date it should have been decided which is the date of deemed refusal). To apply, complete an internal review application form online or send us a letter putting forward your reasons why the decision should be changed.

A $40 internal review application fee is payable unless we did not decide your original application in the allowable timeframe. No other charges are involved. The internal review application fee may be refunded if the review decision is significantly different from the original decision.

The internal review will be decided within 15 working days of receiving the application for an internal review. This may be extended by up to 10 working days if we need to consult another person whom we did not previously consult, or by agreement with you.

If you formally applied for information and don't agree with the internal review decision or do not want an internal review, you can ask for a review by the Information and Privacy Commission NSW (IPC). You will have 40 working days to ask for this review.

Other people who are affected by a decision must apply for an internal review before applying to the Information Commissioner. This includes third parties who are consulted as part of processing an access application.

There is no cost involved in seeking a review by the Information Commissioner and no time limit imposed on the Information Commissioner for gathering all the information considered necessary to complete the review. Once gathered, the review must be completed within the 40 working days.

The Information Commissioner can make recommendations to us about the decision, including that we reconsider the decision and make a new one (even if an internal review decision has been made).

If you don't agree with the Information Commissioner's or the internal reviewer's decisions or you do not want any of these reviews, you can apply to the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal for a review.

If you have already had a review by the Information Commissioner, you will have 20 working days from when the Information Commissioner advises of the completion of the review to apply to the tribunal.

Otherwise, you will have 40 working days from the date of the decision to apply to the tribunal. Contact the tribunal for advice about the process and any fees payable.

We have to justify our decision to the tribunal. However, a third party (that is, someone who has not applied for the information but is affected by our decision to release information) who seeks a review will have the burden of showing that there is an overriding public interest against disclosure of information.

If you receive information after making a formal application and we think other people will be interested in it, we will record it on our disclosure log, which describes:

• the information that was provided
• the date the application was decided
• how other members of the public can access it.

If you are the access applicant or you have been consulted or should have been consulted on the release of information, you can object to information being included in the disclosure log if it includes personal information about you or about a deceased person that you represent or if the information concerns your business, commercial, professional, or financial interests or research.

There are a range of penalties that can be applied under the GIPA Act for the following conduct:

• an officer knowingly deciding a formal access application contrary to the requirements of the GIPA Act
• directing an officer to make a decision he or she knows is not permitted or required by the GIPA Act
• improperly influencing a decision on an access application
• knowingly misleading or deceiving an officer for the purpose of obtaining access to government information
• concealing, destroying or altering information for the purpose of preventing the release of information.

You can complain to the Information Commissioner.

• Phone the Information Access and Privacy Unit on 02 8275 1095 or email gipa@dcceew.nsw.gov.au.
• See our agency information guide, contracts register, policy documents and other open access information on our Information access, governance and feedback webpage.
• Refer to the GIPA Act, Privacy and Personal Information Protection Act 1998 and Health Records and Information Privacy Act 2002 online.
• Refer to the Information and Privacy Commission NSW (IPC) website.
• Refer to the NSW Civil and Administrative Tribunal website.