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 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:
Informal application
Visit Fair Trading.
If you can’t find the information you’re looking for, email [email protected]
Formal application
When requesting personal or business information that isn’t publicly available, you’ll need to submit an application form.
Exemptions
There are public interest considerations against disclosure an agency can consider when releasing information.
These include:
- 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
Fees
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.
Concessions
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.
Examples include:
- 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.
Processing time
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.
Disclosure log
Our disclosure log is a record of information that the Department of Customer Service has released, often in response to a specific request from an individual or organisation, that we think could also be of interest to other members of the public.
It sets 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.
This log is continuously updated as additional information is released under the GIPA Act.
The disclosure log lists requests for access to information held by the Department of Customer Service.
Policy document register
The Policy document register under the GIPA Act contains a list of documents we are required to proactively release under Section 23 of the GIPA Act.
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.
Agency Information Guide
The Agency Information Guide outlines the structure and functions of NSW Government agencies and how those functions might affect members of the public.
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 Legislation
The Privacy and Personal Information Protection Act 1998 (PPIP Act), and the Health Records and Information Privacy Act 2002 (HRIP Act) (collectively, NSW Privacy Legislation) contain legal obligations which NSW public sector agencies, including NSW Fair Trading, must abide by when collecting, storing, using or disclosing personal and health information.
Under the NSW Privacy Legislation, you have the right to access your personal and health information held by NSW Fair Trading without excessive delay or expense. However, please note that you may need pay a fee if the application is made under the HRIP Act.
You can request access to your personal or health information by emailing the Privacy Contact Officer at: [email protected]
For more information about NSW Fair Trading’s privacy practices please visit our privacy landing page. You can also request information by emailing the Privacy Contact Officer at [email protected]
Suppression of personal information
In exceptional circumstances where the safety and well-being of a person is at risk, you can also request for your personal information to be suppressed from a public licence register. However, personal information will not be suppressed if Fair Trading decides that public access to the information outweighs your request to suppress it.
Contact
For more information about your right to access information held by Fair Trading, email [email protected].