Fact Sheets, Guidelines and other Resources

 

 
Click the headings below to view all of our available resources...

NEW Safeguards to address the misuse of the GIPA Act
There are mechanisms and safeguards available under the GIPA Act to address misuse of the Act and provide protection to citizens and agencies. 

UPDATED What is an agency?
How an agency is defined under the GIPA Act

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.

Timeframes and extensions for deciding access applications under the GIPA Act
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).

The GIPA Act: Agency systems, policies and practices - guidance for principal officers
This fact sheet provides assistance to principal officers in the performance of their responsibilities under the Government Information (Public Access) Act 2009 (GIPA Act). It provides suggested actions informed by a recent investigation, relevant to cluster arrangements, to improve agency systems, policies and practices that relate to functions of agencies under the GIPA Act.

Managing access to audio visual information under the GIPA Act - guidance for agencies
This fact sheet provides case studies and examples of practices adopted by agencies to properly manage audio visual information under the Government Information (Public Access) Act 2009 (GIPA Act).

Open access information for agencies
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).

The role of principal officers and senior executives in supporting the object of the GIPA Act
This fact sheet is designed to assist principal officers and senior executives to promote awareness and foster an organisational culture that advances the object of the Government Information (Public Access) Act 2009 (GIPA Act).

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.

Delegation or authorisation of functions under the GIPA Act
This fact sheet is designed to clarify for agencies what is required when the principal officer of the agency proposes to delegate or authorise their functions under the Government Information (Public Access) Act 2009 (GIPA Act). 

Contractor's guide to section 121 of the GIPA Act 
This fact sheet provides information to contractors that deliver services to the public on behalf of government agencies to assist those entities in understanding how section 121 of the Government Information (Public Access) Act 2009 (GIPA Act) affects them.

Agency's guide to section 121 of the GIPA Act 
This fact sheet aims to help agencies understand how section 121 and clause 12(1)(b) of Schedule 4 of the Government Information (Public Access) Act 2009 (GIPA Act) operates and impacts upon their relationship with contractors who deliver services to members of the public on their behalf.

UPDATED How the GIPA Act applies to agencies' wholly-owned subsidiaries
This fact sheet aims to provide guidance on when agencies' wholly-owned subsidiary entities are captured under the Government Information (Public Access) Act 2009 (GIPA Act). 

Creating new records under the GIPA Act
This fact sheet aims to provide guidance on the creation of a new record under section 75 of the Government Information (Public Access) Act 2009 (GIPA Act). 

What is the public interest test?
Under the GIPA Act all government agencies must disclose or release information unless there is an overriding public interest against disclosure. When deciding whether to release information, staff must apply the public interest test.

Legal professional privilege
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.

Authorised proactive release of government information
This fact sheet provides guidance and a self-assessment tool to NSW public sector agencies about how they can enhance their approach to authorised proactive release of government information under the Government Information (Public Access) Act 2009 (GIPA Act).

Restraint orders under the GIPA Act
An agency, the Minister or the Information Commissioner may apply to the NSW Civil and Administrative Tribunal for an order to restrain a person from making unmeritorious access applications.

UPDATED Offences under the GIPA Act
The purpose of this fact sheet is to raise awareness of Government Information (Public Access) Act 2009 (GIPA Act) rights and responsibilities, highlight the offence provisions and the circumstances and evidence that may enliven consideration of these offence provisions, and inform members of the public and agencies of the IPC’s role and procedures in dealing with allegations that offences under the GIPA Act have been committed.

Unreasonable and substantial diversion of agency resources
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.

Non-government organisation's guide to section 121 of the GIPA Act 
This fact sheet provides information to non‑government organisations (NGOs) that deliver services to the public on behalf of government agencies to assist those entities to understand how section 121 of the GIPA Act affects them.

UPDATED Guideline 1: For local government on the disclosure of information
Assist local councils to determine public interest considerations for and against disclosure of information contained in returns in disclosing interests of councillors. 

Guideline 2: Discounting charges
Explains how to discount processing charges for information that is of special benefit to the public generally. 

Guideline 3: For local government – personal information on development applications
Assists councils with what can and can't be published on their websites, specifically personal information contained in DAs. 

Guideline 4: Personal information as a public interest consideration under the GIPA Act
How to deal with requests for personal information under the GIPA Act and the personal information of third parties. 

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.

Guideline 6: Agency Information Guides 
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.

Guideline 7: Open Data
Informs agencies of what is Open Data and on opening government data in NSW.

Guideline 8: Care Leavers' access to their Out-of-Home Care Records 
Highlights the public interest considerations in favour of government agencies releasing information to those who have experienced out of home care arrangements & assist agencies in their decision making.

Guideline 9: Cabinet information
Assists agencies to understand how the GIPA Act operates with respect to ‘Cabinet information’, including how to identify which information may be captured by clause 2 of Schedule 1.

Managing formal GIPA applications
A guide for Agencies containing a flowchart that outlines how to work through an access application.

GIPA compliance checklist for Agencies
A companion to the Compliance Guide for agencies.

GIPA compliance checklist for Councils
To assist councils in complying with the GIPA Act.

Quick Guide to my Responsibilities under the GIPA Act  A Quick Guide for public sector employees on their responsibilities under the Government Information (Public Access) Act 2009 (GIPA Act).

Third party consultation letter (Word)
Consultation with a third party. 

Informal release refusal decision template (Word)
Template letter advising decision to refuse informal release of information request.

Consultation with another government agency letter (Word)
Consultation with another governement agency letter template. 

GIPA Annual Reporting
Agencies should use the IPC GIPA Tool to submit their annual report data to the IPC. Agencies can also use the tool to produce PDF and MS Word reports for use in internal reporting if needed.

Notice of decision template (Word)
Notice of decision template. 

Notice to third party of agency decision to release information including disclosure log (Word)
Notice to third party of agency decision to release information including disclosure log letter template. 

Internal review application form (Word)
Internal review application form for agencies.

Running sheet for access application(Word)
Running sheet for access applications for agencies.

Clause – access to information (Word)
Template clause for agencies to include in contracts with third parties regarding right of access to contractor records - GIPA Act s121. 

Clause – consultation (Word)
Template clause for agencies to include for contracts with third parties regarding consultation - GIPA Act s54.

Disclosure log example template (Word)
Template example for agencies to record their disclosure log 

Template for agencies - GIPA Access Application (Word)
Template for GIPA Access Applications for agencies to use and amend specific to their agency 

Agency Contract Register self-assessment checklist for agencies
This self-assessment checklist is a practical tool for an agency to ensure its published contract register is presented in compliance with the GIPA Act.

UPDATED Agency Information Guide self-assessment checklist for agencies
This does not prescribe the structure and format that an AIG should follow, but rather assists agencies in reviewing and assessing the AIG to ensure it complies and is effective in promoting Open Government. The IPC also uses this checklist to assess the quality of AIGs received.

Agency: Substantial and unreasonable diversion of resources
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

Calculation of time and the GIPA Act
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.  

Reasonable searches under the GIPA Act
Section 53 of the Government Information (Public Access) Act 2009 (GIPA Act) sets out the obligations of NSW public sector agencies to undertake searches for information requested in an access application.

Being investigated by the IPC
The Information Commissioner has powers to conduct investigations into how agencies fulfill their functions under the GIPA Act.

Creating agency information guides
NOTE: This Knowledge Update is no longer available and has been replaced by Guideline 6:Agency Information Guides and Fact Sheet: Agency Information Guides and the public - published December 2016.

Informal release of information
The way in which goverment agencies can informally release information under the GIPA Act

Good practice for disclosure logs
This knowledge update provides you with good practice information when publishing disclosure logs

Processing requests for personal information
How to process a request for information under the Privacy and Personal Information Protection Act 1998 or the Goverment Information (Public Access) Act 2009

Government contracts and the GIPA Act - e-learning module
the IPC has developed an e-elarning module to assist agencies to understand contract registers compliance under the GIPA Act

Advancing the objects of the Government Information (Public Access) Act 2009 (NSW): an international comparative evaluation of measures used to promote government information release
The report, commissioned through the University of Technology, Sydney provides an insight into the types of practical mechanisms utilised in selected international jurisdictions to promote open government through information sharing and citizen engagement.

Conditions Enabling Open Data and Promoting a Data Sharing Culture 2017
This UNSW Law Report was commissioned by the NSW Information Commissioner and NSW Open Data Advocate to provide contemporary insights to support the promotion of Open Government and Open Data. To do so the Report analysed legislation, policy, regulatory settings, roles and responsibilities for leadership, culture and operations in leading jurisdictions as identified in the Open Data Barometer Report.

NEW Brochure for agencies - Information access frequently asked questions
Citizens' frequently asked information access questions have been compiled in this brochure, and their answers can all be found on the IPC NSW website.