The Government Information (Public Access) Act 2009
From 1 July 2010, the Government Information (Public Access) Act 2009 (GIPAA) provides the main mechanism through which the public can apply to access government-held documents, where those documents are not already made publicly available.
The GIPA Act 2009 aims to maintain and advance a system of responsible and representative democratic government that is open, accountable, fair and effective.
The object of the GIPA Act is to open government information to the public by:
- Authorising and encouraging the proactive public release of government information by agencies.
- Giving members of the public an enforceable right to access government information (providing that access to government information is restricted only when there is an overriding public interest against disclosure).
- Conferring a legally enforceable right of access to information held by government agencies, subject to certain grounds for refusal.
- Requiring state government agencies to disclose contracts entered into with the private sector. (The Act requires agencies to report details of contracts valued at $150,000 or more, provide additional information and publish results within 60 days.)
How do I access Property NSW information?
Property NSW already provides access to information via our web site. This information is updated from time to time.
You may search for open access information online to find whether the information you are seeking is already available.
Property NSW also proactively releases information. If you cannot find the information you are looking for on this website, you can contact the person below to ask if the information you are after has been released by Property NSW, either on this website or in another form.
Some information held by Property NSW may be accessible upon payment of a fee. If that is the case, you will be advised.
Open Access Information
Government Property NSW annual reports that have been tabled in Parliament are available online.
Please contact us if you require a hard copy of the documents listed.
A disclosure log is a record of information that Property NSW has released under the GIPA Act 2009, often in response to a specific request from an individual or organisation that Property NSW thinks will also be of interest to other members of the public.
The disclosure logs set out the date the decision was made to release the information; a description of the information released; and details about whether that information is currently available and how it can be accessed.
Disclosure logs are continuously updated as additional information is released under the GIPA Act 2009.
The Property NSW Disclosure Log will soon be available on this site.
Register of Government Contracts
All contracts over $150,000 that Property NSW enters with the private sector must be recorded in the register of government contracts, which is published on the NSW Government tenders website.
Details must to be entered in the register within 60 days of the contract coming into effect.
Details must remain on the register for 30 days, or until the contract is complete, whichever is longer.
The NSW Government tenders website must also provide details of current tender opportunities in accordance with Premiers Memorandum 2007-01.
If the information you are after has not already been published by Property NSW and there is no public interest reason why it should be kept confidential, then Property NSW may be able to release the information without the requirements of a formal release request.
If you think this applies to the information you are after you can contact the person below to make an informal request.
Under the Government Information (Public Access) Act, however, government agencies are not required to release information without an access application.
Property NSW, therefore, reserves the right to require you to lodge a formal access application, particularly if there may be significant public interest considerations that need to be taken into account in deciding whether the information can be released, or if you request a large volume of information, or if it would otherwise take a significant amount of time to consider your request.
Information may also be released in response to a formal access application.
Fees and Charges
Basic fees and charges under the Government Information (Public Access) Act 2009 are:
Nature of Application
Access to information / records
$30 / hour after first hour *
|Internal review of a reviewable decision|
* A 50 per cent reduction in processing fees may apply if the applicant suffers financial hardship or if there is deemed to be a special public benefit to the public generally. There is no 50 per cent reduction in the application fee, but the applicant receives an extra hour’s processing before processing fees start.
If you do not agree with the determination of your request under the Government Information (Public Access) Act 2009 you have the right to request a review of the agency’s decision. You may apply for an internal review by the agency you can ask for a review by the Information Commissioner. Full details of your rights of review are provided in the Your review rights under the GIPA Act fact sheet.
Department of Planning, Industry and Environment
Public Access to Information & Privacy Unit
GPO Box 39
Sydney NSW 2001
T. 02 9860 1440