Your right to information
The Government Information Public Access (GIPA) Act 2009 creates rights to information designed to meet community expectations of more open and transparent government.
It encourages the regular release of government information held by goods and services providers contracted by government agencies.
Under the Act certain information is legally required to appear on our website, free of charge. For example, policy documents and disclosure logs.
This is called 'open access information' and can be found on the accessing Customer Service information section of the Department of Customer Service website (the department within which NSW Fair Trading sits).
We also publish a lot of of other information on NSW Fair Trading.
If you still can’t find the information you need, you can ask us if the information has already been released in some other form.
Find out how to make a request for information through the GIPA Act.
How to access information
Fair Trading, like all Government agencies, is encouraged to informally release information to the public, where possible.
There are several ways you can access information:
Visit Fair Trading.
If you can’t find the information you’re looking for contact us:
- call 13 10 50 and ask to speak to a Right to Information Advisor
- email BRDGIPA@customerservice.nsw.gov.au
When requesting personal or business information that isn’t publicly available, you’ll need to submit an application form.
There are public interest considerations against disclosure an agency can consider when releasing information.
- law enforcement and security
- individual rights, judicial processes, and natural justice
- responsible and effective government
- business interests
- environmental, cultural, and economic matters
- secrecy and exemption provisions in other laws
GIPA applications cost $30. Where applicable processing fees may also apply. An advance deposit of a processing fee may be required.
For personal information requests, your $30 application fee includes 20 hours of processing time. If processing time is more than 20 hours, charges of $30 per hour apply.
For access to non-personal information, your $30 application fee includes one hour of processing time. If the processing time exceeds one hour, charges of $30 per hour will apply.
Fees may be reduced in circumstances such as:
- financial hardship
- demonstrated public interest in releasing the information.
There is no fee for information released informally under section 8 of the GIPA Act.
Internal review of decisions
If you aren’t satisfied with our decision you have the right to request an internal review.
A $40 fee applies except when the review is:
- because the application wasn’t decided within time
- the review is recommended by the Information Commissioner.
No processing charges apply for internal reviews.
A $15 concession applies for processing charges where an applicant:
- has a Pensioner Concession Card
- is a full time student
- represents a not for profit organisation
- can show financial hardship
- can show the information they want is in the public interest. The guidelines published by the Office of the Information Commissioner will decide if the information is of general public benefit.
We have discretion under Section 127 of the GIPA Act to waive, reduce or refund fees in specific cases.
- a significant delay in dealing with an application
- where the agency decides to publicly release the information requested by the applicant
- where the agency is satisfied that release of the information supports the aims and objectives of the legislation administered by the agency.
If an access application is not decided in time (usually 20 working days), any application fee is to be refunded and no processing charge will be imposed.
The GIPA Act states a decision must be provided within 20 working days from receipt of the application.
This can be extended by 10 working days (to a maximum of 15 days) to undertake third party consultation or to retrieve archived records.
The decision period can also be extended by agreement with the applicant.
Our disclosure log records details of government information released in response to formal and non-personal right to information requests under the GIPA Act.
With the applicant's consent, we disclose information that may be of interest to other members of the public.
It will give a description of the information released and, where possible, a link to the relevant documents.
Policy document register
NSW Government departments have an obligation to proactively release documents used by the agency that are connected to, or likely to affect, the rights and privileges of the public when dealing with that agency.
Register of contracts
Part 3 Division 5 of the GIPA Act provides information about an agency's responsibility to publish contracts worth $150,000 or more.
See our register of contracts at NSW eTendering.
NSW Privacy Act / NSW Health Act
The Privacy and Personal Information Protection Act 1998 (NSW Privacy Act), and the Health Records and Information Privacy Act 2002 (NSW Health Act) contain provisions regarding collection, use, disclosure and security of personal and health related information and the rights of individuals to access and amend, if necessary, their personal and health related information held by NSW government agencies, including SafeWork NSW.
More information about the NSW Privacy Act or NSW Health Act, and our obligations under these Acts, can be obtained from the Privacy Contact Officer on 13 10 50 or email BRDPrivacy@customerservice.nsw.gov.au
Access to your personal and/or health information
As an applicant, you have a legislative right to request access to your personal and/or health information held by FairTrading NSW.
You can request access by emailing our team at BRDPrivacy@customerservice.nsw.gov.au or calling on 13 10 50.
You’re entitled to access your information without excessive delay or cost.
However, you may need pay a fee if the application is made under the Health Records and Information Privacy Act 2002.
For more information about your right to access information held by Fair Trading, contact a Right to Information officer on 13 10 50 or email BRDGIPA@customerservice.nsw.gov.au