GIPA formal request

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) or you can EFT payment to the Treasury account
• Nominate a return postal or email address for correspondence purposes
• Include as much specific information as necessary to assist us to identify the information you are requesting

If your application is invalid, we will advise you in writing that your application does not satisfy the requirements and assist you in remedying any issue.

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

Unless there are grounds under the Act for an extension, we have 20 working days to decide your access application. An extension of 10 to 15 days may apply to allow for consultation with a third party or retrieval of records from the archives. 

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 an copy the requested information (unless you have asked for your personal information).

A financial hardship discount of 50% 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.

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

We will 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

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

• Internal review
• Review by the NSW Information Commissioner
• Review by the NSW Civil & Administrative Tribunal.

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 Civil & Administrative Tribunal.