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Right to information

On 1 July 2010 new right to information legislation came into effect, replacing the former freedom of information law.

The new law:

  • creates new rights to information that are designed to meet community expectations of more open and transparent government
  • encourages government agencies to proactively release government information.

There are four pathways for accessing information:

  1. Mandatory disclosure of open access information
    We must publish certain information on our website, free of charge.

  2. Proactive release
    We are encouraged to proactively release as much government information as possible, in an appropriate manner and free of charge (or at lowest reasonable cost).

  3. Informal release
    We are encouraged to release information in response to a request without the need for a formal application, unless there are good reasons to require one.

  4. Formal access application
    In limited circumstances, access to information will require a formal access application. People have a right to access information in this way unless the GIPA Act provides a reason to withhold the information.

There is a general public interest in favour of the disclosure of government information and a presumption that government information can be released unless there is an overriding public interest against disclosure.

You can find out more about your right to information and new ways to access NSW government information on the Office of the Information Commissioner (OIC) website at www.oic.nsw.gov.au