Fact Sheet - Informal release of information

An agency is authorised to release government information to a person in response to an informal request, unless there is an ‘overriding public interest against disclosure’ of the information: s 8(1).

Facilitating access to information informally upholds the intention of Parliament to facilitate and encourage prompt access to government information at the lowest reasonable cost: s 3(2).

This Fact Sheet outlines how to navigate the various questions that concern informal release of government information.

‘Informal release’ occurs when you give out information in response to a request, without requiring a formal access application under pt 4: s 8(1).

If you hold a delegation or authorisation to exercise GIPA Act functions, either generally or in the particular case, you may consider informal release of information.

First, you must provide advice and assistance to members of the public requesting or proposing to request information: s 16. That advice includes:

This assistance can include information about accessing information informally. 

The benefits of agencies providing informal access include efficiencies in saving time and resources and flexibility by:

You may release any information informally, unless there is an overriding public interest that would prevent this: see IPC Fact Sheet – What is the public interest test?

The context for release of information on request will be different for each agency, and some relevant questions for you to ask include:

If the answer to any of these questions is ‘yes’, and there is no overriding public interest against disclosure, then you should consider releasing the information in the most appropriate format without requiring a formal access application.

You retain the discretion to require a formal access application to be lodged in appropriate circumstances. For example, where:

Yes. If you receive an access application, you may contact the applicant and suggest that you can deal with the request informally. You would need to explain that they would not have to pay an application fee, however it would also mean that, unlike a formal application:

You need to be clear with applicants, and document what information can be provided informally and what would require a formal application. If an applicant decides to utilise the informal release pathway, they can withdraw their formal access application. 

If the formal application is not withdrawn, you must proceed to make a decision on it. If you don’t, you will be deemed to have decided to refuse to deal with the application: s 63. 

You can decide how information is released in response to an informal request: s 8(2). You can release information in various ways: e.g., by phone, email, letter, fax, or in person. Information can also be released in an audio-visual format, or by providing view-only access. 

You can also delete any part of the information that would otherwise result in an overriding public interest consideration against disclosure: s 8(5).

You can also impose conditions on the informal release of information: s 8(2). This is a benefit of the informal release pathway that you don’t have when releasing information under a formal access application: s 73. 

The conditions that you may reasonably impose will depend greatly on the circumstances and context of each request.

Two frequently asked questions about ‘reasonable conditions’ are: 

No. While the GIPA Act sets out the circumstances in which fees and charges may be imposed, it does not include where information is released informally. 

Where it is not feasible to release the information for free, e.g., where the volume is too great, or the request is not specific enough, you could consider inviting the person making the request to view the documents through inspection, or public access digital facilities where the information is in a digital format. You may also provide access to photocopying facilities, if available at your agency, that the person may use at their own expense.

Another option would be to suggest lodging a formal access application. While this would require the applicant to pay an initial fee and may incur processing charges, the applicant would have the right to seek a review of decisions about access and charges: pt 5. The Information Commissioner can receive complaints about informal release under the GIIC Act: pt 3 div 2, but the right to a formal review does not exist in relation to informal release.

What is the timeframe for responding to a request? 

Although the GIPA Act does not provide a timeframe for dealing with informal requests for information, you should endeavour to meet requests for information promptly: s 3(2)(b). You should also  give some indication as to when you will decide the request for information.

If you decide that meeting an informal request for information would take an unreasonable amount of time, you should discuss with the person all other options. This may include the option of making a formal access application instead, noting that it may involve charges, require reasons and thorough consideration, and it attracts review rights to the decision. 

The IPC has developed a template letter that you may use to communicate options for accessing information when advising applicants of a decision to refuse an informal release request: Template letter - Informal release decision template letters

Agency staff are encouraged to keep their own records concerning the information they release informally, and any conditions attached to release. 

You should keep in mind that any records generated regarding informal release will need to comply with the requirements of the State Records Act 1998: see www.records.nsw.gov.au.

If you are authorised to make GIPA Act decisions, decide to release information informally and consider in good faith that the decision is permitted or required by the GIPA Act, you are not exposed to any personal liability, or to any action in defamation or breach of confidence, that may result from the disclosure: ss 113–115.

If you receive repeated requests for the same type of information from different people, it is a good indication that this information is of general interest to the public. 

You may wish to disclose it proactively, subject to any overriding public interest considerations: s 7. This would save time and agency resources dealing with the same types of requests and satisfy the public interest in favour of disclosure.

Agency Information Guides (AIGs) can be used to promote proactive and informal release of information. AIGs will often be the starting point for members of the public seeking information and present an important opportunity to highlight the availability of the informal pathway and encourage its use where appropriate.

Other useful resources

Other resources that may be useful on this topic include:

• IPC Fact Sheet – What is the public interest test?

• IPC Fact Sheet – Managing access to audio visual information under the GIPA Act

• IPC Fact Sheet – GIPA Act fees and charges

• IPC Fact Sheet – Your review rights under the GIPA Act

• IPC Fact Sheet – Delegation or Authorisation of GIPA Act Functions

• IPC Information Access Guideline 6 –Agency Information Guides

For more information

Contact the Information and Privacy Commission NSW (IPC):

Freecall:              1800 472 679
Email:                   ipcinfo@ipc.nsw.gov.au 
Website:             www.ipc.nsw.gov.au 

NOTE: The information in this fact sheet is to be used as a guide only. Legal advice should be sought in relation to individual circumstances.