Today's Date: May 25, 2013
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Formal Request

If government information is not available through the mandatory open access or proactive release pathways, and your informal request for information has been declined, you can make a formal request for information.

Because there are other pathways to accessing government information, and because a formal request for information involves a degree of red tape and fees and charges, this fourth and final pathway for accessing government information should be a last-resort option.

How do I make a formal request for information, and where do I send it?

You can make a formal request for information by downloading and completing the formal access application form and sending it to us at the following address:

Right to Information & Privacy Coordinator
Executive and Ministerial Services
NSW Treasury
Level 27, Governor Macquarie Tower
1 Farrer Place
Sydney NSW 2000

How do I ensure that my application is valid?

To satisfy the requirements of a valid application, you must:

  • Complete the application form and send it to the above address
  • Clearly state that you are making a request under the Government Information (Public Access) Act 2009
  • Enclose the $30 application fee (cheques and postal orders should be made out to NSW Treasury)
  • Nominate a return postal address for correspondence purposes
  • Include as much specific information as necessary to assist us to identify the information you are requesting

If my application is invalid, what should I expect?

If your application is invalid, we will advise you in writing that your application does not satisfy the requirements.

If my formal request for information is valid, what should I expect?

If your application is valid, we will acknowledge receipt of your application within 5 working days.

How much time will it take NSW Treasury to complete my application?

Unless there are grounds under the Act for an extension, we have 20 working days to complete your informal request for information.  An extension of 10 to 15 days may apply to allow for consultation with a third party or the retrieval of records from archives.  A request for an advance deposit may also extend the statutory time period.

How much will it cost?

You will have to pay a $30 application fee (Treasury has the discretion to waive or reduce the application fee).  In addition to this, we may apply a $30 per hour processing charge after the first hour to search for and copy the requested information (unless you have asked for your personal information).

Are there discounts, and in what circumstances do they apply?

A financial hardship discount of 50 per cent of the processing charge may apply if you can provide evidence that you are either:

  • the holder of a Pensioner Concession card issued by the Commonwealth that is in force
  • a full-time student
  • a non-profit organisation, including a person applying for or on behalf of a non-profit organisation

A special benefit discount of up to 50 per cent of the processing charge may apply if you can demonstrate that the information is of special benefit to the public generally.

Will I be asked to pay an advance deposit?

Possibly.  We may ask you to pay an advance deposit if significant costs are involved in meeting your request for information.  You will be given 4 weeks to pay the deposit.  The time allowed to finalise your application does not include the 4 weeks allowed to pay the advance deposit.  Any deposit paid will be refunded if we do not complete your application on time.

Will I receive the information I have formally requested?

We try to make information available whenever possible.  If we decide, however, that, on balance, giving you access to all or some of the information is contrary to the public interest, we will withhold the information.  We will provide detailed reasons for withholding the information in our Notice of Decision.

There are, however, certain types of information (as per Schedule 1 of the GIPA Act 2009) where the NSW Treasury has no choice but to refuse access in all situations.  The following are examples only:

  • Cabinet Information
  • Executive Council Information
  • Legal professional privilege information

What if I am unhappy with the application process or the final decision (or both)?

If you are not happy with a decision that is a reviewable decision, you have three review options:

You may seek an Internal Review within 20 working days of a Notice of Decision.  We will arrange for the review to be undertaken by an authorised officer who did not make the original decision and is not subordinate to the original decision-maker.  A Notice of Decision for the internal review will be issued within 15 working days.  An application for an internal review of a reviewable decision can be downloaded here from Internal Review Application Form.
 
Alternatively, an independent review may be sought from the NSW Information Commissioner or the NSW Administrative Decisions Tribunal.

Contacting Us

If you have any questions or need advice accessing information from NSW Treasury, please contact us by calling (02) 9228 4611 or by emailing gipa@treasury.nsw.gov.au.

You can also write to the:

Information & Parliamentary Coordinator
Executive and Ministerial Services
NSW Treasury
Level 27, Governor Macquarie Tower
1 Farrer Place
Sydney NSW 2000