GIPA Amendments 2018

Amendments to the Government Information (Public Access) Act 2009 (GIPA Act) were passed in Parliament on 21 November and came into effect on 28 November 2018. The amendments impact the responsibilities of agencies under the GIPA Act, and how citizens can expect their applications to be processed and progressed.

As a result of the amendments, the IPC is currently reviewing all GIPA related resources and will add new and updated resources to this page as they are published:

Resources for Citizens 

UPDATED Fact Sheet - Your review rights under the GIPA Act
Your rights to request a review of a decision made by a government agency.

UPDATED Fact sheet - Third party consultation
This fact sheet aims to explain to individuals and organisations why they are being consulted by a government agency and what their rights are under the Government Information (Public Access) Act 2009 (GIPA Act). Relates to Section 54A, 86, 100(2).

UPDATED Fact Sheet - Open Access Information for Citizens March 2019
A guide to open access information that agencies must make available for Citizens. Relates to Section 27.

NEW Fact sheet - Changes to GIPA Act for Citizens November 2018
This fact sheet has been developed to inform citizens of the impact of the GIPA Act amendments that came into affect on 28 November 2018, to their GIPA applications. Relates to all amendments.

UPDATED Fact sheet - Your right to access government information in NSW December 2018
This fact sheet assists in understanding your legal right under the GIPA Act, to access most government information in NSW. Relates to Section 41.

UPDATED GIPA Access Application Form December 2018 (pdf, fillable)
Complete this form to apply to make a formal application to access government information in NSW under the GIPA Act. Relates to Sections 41(1)(d), 41(1A), 51(3)(c), 55, 56, and 56(3).

UPDATED Fact sheet - Guide for applicants when an Agency has initiated a decision that an access application may involve an unreasonable and substantial diversion of resources
This fact sheet is designed to assist citizens where an agency has advised that the scope of the access application is too broad under the Government Information (Public Access) Act 2009 (GIPA Act). Relates to Section 60.

UPDATED Fact Sheet: Internal Reviews under the GIPA Act The purpose of this fact sheet is to provide guidance about lodging an application for internal review of an agency’s decision under the Government Information (Public Access) Act 2009 NSW (GIPA Act). Relates to Sections 86, 100(2) and Schedule 4 Clause 1.

Resources for Public Sector Agencies

UPDATED Guideline 5: Consultation on public interest considerations under section 54 of the GIPA Act 
Promotes consistency about how, when and who to consult with under section 54 of the GIPA Act. Relates to Section 54.

UPDATED Fact Sheet - Why consult Third Parties
This fact sheet aims to explain to agencies the benefits and requirements of consultation with third parties when considering an application for access to information under the Government Information (Public Access) Act 2009. Relates to Section 54, 54A.

UPDATED Fact Sheet - Open Access Information for Agencies March 2019
This fact sheet aims to explain to agencies that they are required to make a range of open access information publicly available under the GIPA Act and the GIPA Regulation, unless there is an overriding public interest against disclosure of the information (OPIAD). Relates to Section 27.

NEW Fact sheet - Changes to GIPA Act for Agencies November 2018
This fact sheet has been developed to inform agencies of the impact the GIPA Act amendments that came into affect on 28 November 2018, will have on their obligations under the GIPA Act. Relates to all amendments.

UPDATED Guideline 6 - Agency Information Guides November 2018
Summarises the legal obligation for agencies in preparing and updating an AIG, explains the opportunities provided by AIGs to promote Open Government, Open Data and public participation, and offers suggestions for structuring and writing an AIG. Relates to Section 20(3).

UPDATED Knowledge Update - Good practice for disclosure logs December 2018
This knowledge update provides you with good practice information when publishing disclosure logs. Relates to Sections 51(3)(c), 56, 56(3), 97(4) and 105(4).

UPDATED Guideline 4 - Personal information as a public interest consideration under the GIPA Act
This Guideline, made pursuant to those sections of the GIPA Act, is to assist agencies to deal with requests for personal information under the GIPA Act. It deals with formal and informal requests by people for their own personal information, and for the personal information of third parties. Relates to Section 55, Schedule 4 Clause 4(3)(b).

UPDATED Fact Sheet - GIPA Act Fees and Charges December 2018
Fees and charges for formal applications for information. Relates to Section 55, 63, 64(5).

UPDATED Agency Checklist - Unreasonable and substantial diversion of resources December 2018
A checklist to assist agencies with the process for advising and consulting with an access applicant where the Agency forms a view that the access application is potentially an unreasonable and substantial diversion of resources. Relates to Section 60.

UPDATED Fact Sheet - Unreasonable and substantial diversion of agency resources December 2018
This fact sheet clarifies what may be considered an unreasonable and substantial diversion of resources and what review rights apply if an agency decides to refuse to deal with an access application. Relates to Section 60.

UPDATED Guideline 2 - Discounting Charges December 2018
Explains how to discount processing charges for information that is of special benefit to the public generally. Relates to Section 64(5).

UPDATED Fact Sheet - Restraint orders under the GIPA Act December 2018
This fact Sheet explains the way in which orders to restrain people from making access applications are dealt with under the Government Information (Public Access) Act 2009 (GIPA Act). Relates to Sections 110(1), 110(3) and 110(5A).

UPDATED Fact Sheet - Legal professional privilege and release of government information December 2018
This fact sheet has been prepared for agencies and decision makers to assist them in the practical application of this clause under Clause 5(1) of Schedule 1 to the Government Information (Public Access) Act 2009 (GIPA Act). It is also designed to inform applicants to assist them in understanding the test that agencies should apply when relying on this clause to refuse access to information applied for under the GIPA Act. Relates to Schedule 1, Clause 5A.

UPDATED Fact Sheet - Timeframes and Extensions for deciding access applications under the GIPA Act December 2018
This fact sheet is intended to assist applicants and agencies in understanding the requirements of section 57 of the Government Information (Public Access) Act 2009 (GIPA Act). Relates to Schedule 4 Clause 1 Definition of "working day".

UPDATED Knowledge Update - Calculation of time and the GIPA Act December 2018
The Government Information (Public Access) Act 2009 (GIPA Act) specifies time periods for agencies to make decisions and for applicants to apply for internal or external reviews when notice is given to an access applicant. Relates to Schedule 4 Clause 1 Definition of "working day".

UPDATED Template for agencies - GIPA Access Application 
Use this template to create your agency's GIPA Access Application form