New South Wales (Australia)

Name of law: Government Information (Public Access) Act 2009 No 52
First adopted: 2009

Introduction

New South Wales’s Government Information (Public Access) Act has certain positive features, such its provision for independent oversight by the Information Commissioner. However, it received only a middling score due to various weaknesses in the legislation. These include its limited scope, as the law does not cover the legislature and much of the judiciary and certain executive bodies. In addition, it does not provide for a general right to access information held by State-owned enterprises or private bodies which perform a public function or which receive significant public funding. Other weaknesses include the Act’s upholding of various overriding secrecy laws, its overbroad exceptions regime, an absence of a harm test for many exceptions, a limited public interest override and the non-binding nature of decisions by the Information Commissioner.

Date of last revision: August 2022.

id	Section	Points	Max score
1	Right of Access	3	6
2	Scope	12	30
3	Requesting Procedures	14	30
4	Exceptions & Refusal	10	30
5	Appeals	26	30
6	Sanctions & Protections	6	8
7	Promotional Measures	12	16
		∑ = 83	∑ = 150

Section	I	Description	Scoring instructions	Max score	Findings	Points	Article	Comments
1. Right of Access	1	The legal framework (including jurisprudence) recognises a fundamental right of access to information.	Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.	2	NO	0	Not in the constitution.
1. Right of Access	2	The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.	No=0, Partially=1, Yes=2	2	YES	2	5. There is a presumption in favour of the disclosure of government information unless there is an overriding public interest against disclosure.	We don't accept public interests against disclosure, although this could be taken as a general statement. 2 points allocated but we would prefer a statement along the lines of "unless otherwise provided for in this law".
1. Right of Access	3	The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information.	One point for each characteristic.	2	Partially	1	3(1). In order to maintain and advance a system of responsible and representative democratic Government that is open, accountable, fair and effective, the object of this Act is to open government information to the public by—(a) authorising and encouraging the proactive public release of government information by agencies, and (b) giving members of the public an enforceable right to access government information, and (c) providing that access to government information is restricted only when there is an overriding public interest against disclosure. 3(2). It is the intention of Parliament— (a) that this Act be interpreted and applied so as to further the object of this Act, and (b) that the discretions conferred by this Act be exercised, as far as possible, so as to facilitate and encourage, promptly and at the lowest reasonable cost, access to government information.	No reference to the external benefits which RTI brings (and then for interpretation so as to give effect to those benefits).
2. Scope	4	Everyone (including non-citizens and legal entities) has the right to file requests for information.	Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons.	2	YES	2	9(1) A person who makes an access application for government information has a legally enforceable right to be provided with access to the information in accordance with Part 4 (Access applications) unless there is an overriding public interest against disclosure of the information. 41. An application or other request for government information is not a valid access application unless it complies with the following requirements (the formal requirements) for access applications...73(3). A condition may be imposed that access to medical or psychiatric information will only be provided to a medical practitioner nominated by the applicant and not to the applicant personally. —110(1). NCAT may order that a person is not permitted to make an access application without first obtaining the approval of NCAT (a restraint order) if NCAT is satisfied that—(a) at least 3 access applications (to one or more agencies) in the previous 2 years have been made that lack merit, and (b) the applications were made by the same person or by any other person acting in concert with the person. (2) An access application is to be regarded as lacking merit if— (a) the agency decided the application by refusing to deal with the application in its entirety, or (b) the agency decided the application by deciding that none of the information applied for is held by the agency, or (c) the access applicant’s entitlement to access lapsed without that access being provided (including as a result of failure to pay any processing charge payable).	9(1) refers to a "person" having a right to make a request, and Schedule 4 clarifies that this covers legal persons (e.g. legal entities). No citizenship or residency requirements are mentioned in the list of requirements for an access application in 41, nor does it mention any requirements that the applicant be a natural person. However, the possibility under 73(3) of restricting certain medical information to practitioners, even if these are nominated by the applicant, seems unnecessary and paternalistic. In addition, the allowance under 110(1) for NCAT to order a person to refrain from filing access applications without permission if they made at least three applications "that lack merit" in the prior two years is problematic in view of the wide definition of what constitutes lacking merit in 110(2).
2. Scope	5	The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.	Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.	4	Partially	2	Schedule 2, Excluded information of particular agencies...2 The office of Auditor-General—investigative, audit and reporting functions…Schedule 4, 10(1). In this Act— record means any document or other source of information compiled, recorded or stored in written form or by electronic process, or in any other manner or by any other means. (2) A reference in this Act to a record includes a reference to a copy of the record. (3) For the purposes of the definition of record in this Act, the knowledge of a person is not a record.	Definition of record is broad. However, Schedule 2 excludes categories of information from various independent bodies, such as the office of Auditor-General, the NSW Independent Casino Commission, the Ombudsman, etc., so two points were deducted for that.
2. Scope	6	Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).	Score 1 point for only documents, 1 point for information.	2	Partially	1	4. Note...government information means information contained in a record held by an agency. 9(1) A person who makes an access application for government information has a legally enforceable right to be provided with access to the information in accordance with Part 4 (Access applications) unless there is an overriding public interest against disclosure of the information. 75(1). An agency is not prevented from providing access in response to an access application to government information held by the agency by making and providing access to a new record of that information.	Although there is discretion under 75(1) to create a new record in response to an information request, one point still deducted due to the definition of government information in 4 as information contained in a record.
2. Scope	7	The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.	Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).	8	Partially	4	4(1). Key definitions In this Act—...agency means any of the following—(a) a Public Service agency, (b) a Minister (including a person employed by a Minister under Part 2 of the Members of Parliament Staff Act 2013), (c) a public authority, (d) a public office, (e) a local authority, (f) a court, (g) a person or entity that is an agency pursuant to regulations under clause 5 of Schedule 4. Schedule 4, 2(3) None of the following is a public authority for the purposes of a provision of this Act—…(c) a Royal Commission or a Special Commission of Inquiry. Schedule 4: 3(2) None of the following is a public office for the purposes of this Act—(a) the office of Governor, Lieutenant-Governor or Administrator of the State…(d)the office of a Minister of the Crown, Parliamentary Secretary or member of the Executive Council,(e) an office the duties of which the person performs as an officer of an agency…(g) an office of member of an agency...	One point deducted for the exclusion of local authorities and Royal Commissions/Commissions of Inquiry from the definition of public authorities in Schedule 4, 2(3). Although "local authorities" is listed as excluded from the definition of "public authority" in Schedule 4 2(3)(d), no point deducted because it is still defined as an "agency" in 4(1)(e). One point deducted for the exclusion the office of Governor, Lieutenant-Governor or Administrator of the State from the definition of "public office"; Another point deducted for the office of a Minister of the Crown and member of the Executive Council; Another point deducted for the agency office exclusions in e and g.
2. Scope	8	The right of access applies to the legislature, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government	4	NO	0	4(1). Key definitions In this Act—...agency means any of the following—(a) a Public Service agency, (b) a Minister (including a person employed by a Minister under Part 2 of the Members of Parliament Staff Act 2013), (c) a public authority, (d) a public office, (e) a local authority, (f) a court, (g) a person or entity that is an agency pursuant to regulations under clause 5 of Schedule 4. Schedule 4, 2(3). None of the following is a public authority for the purposes of a provision of this Act—...(b) the Legislative Council or the Legislative Assembly or a committee of either or both of those bodies. 3(2) None of the following is a public office for the purposes of this Act—...(b) the office of a member of the Legislative Council or the Legislative Assembly or of a committee of either or both of those bodies, (c) the office of President of the Legislative Council or Speaker of the Legislative Assembly or Chair of a committee of either or both of those bodies...	No points awarded due to broad exclusion of the legislature from the definitions of public authority and public office in Schedule 4, which in turn exclude these from the definition of an "agency" under 4(1) of the Act.
2. Scope	9	The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government	4	Partially	1	Schedule 2, Excluded information of particular agencies: Note. Information that relates to a function specified in this Schedule in relation to an agency specified in this Schedule is excluded information of the agency...1. A court—judicial functions. Schedule 4, 3(2) None of the following is a public office for the purposes of this Act—...(f) the office of a judicial officer of a court.	Fairly broad exclusion, but one point awarded as some administrative functions may still be covered.
2. Scope	10	The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State).	Score 1 point if some, 2 points if all	2	NO	0	Schedule 4, 2(2). The regulations may declare any of the following bodies to be a public authority— (a) a body (whether incorporated or unincorporated) established for a public purpose otherwise than by or under the provisions of a legislative instrument, (b) a body (whether incorporated or unincorporated) that is established by the Governor or by a Minister or that is an incorporated company or association over which a Minister is in a position to exercise direction or control. (3) None of the following is a public authority for the purposes of a provision of this Act— (a) an incorporated company or association (unless declared to be a public authority for the purposes of the provision by a regulation under this clause).	The Act allows the possibility of designating under the regulations at least some State-owned companies to be considered authorities but no general right to access information held by them.
2. Scope	11	The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er).	Score 1 point if some bodies, 2 points if all	2	Partially	1	Schedule 4, (1) In this Act, public authority means—(a) a statutory body representing the Crown, or (b) a body (whether incorporated or unincorporated) established or continued for a public purpose by or under the provisions of a legislative instrument...(2)The regulations may declare any of the following bodies to be a public authority—(a) a body (whether incorporated or unincorporated) established for a public purpose otherwise than by or under the provisions of a legislative instrument,(b)a body (whether incorporated or unincorporated) that is established by the Governor or by a Minister or that is an incorporated company or association over which a Minister is in a position to exercise direction or control.	One point deducted to the need to designate in regulations non-statutory bodies.
2. Scope	12	The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding.	1 point for public functions, 1 point for public funding	2	Partially	1	121(1). An agency that enters into a contract (a government contract) with a private sector entity (the contractor) under which the contractor is to provide services to the public on behalf of the agency must ensure that the contract provides for the agency to have an immediate right of access to the following information contained in records held by the contractor— (a) information that relates directly to the performance of the services by the contractor, (b) information collected by the contractor from members of the public to whom it provides, or offers to provide, the services, (c) information received by the contractor from the agency to enable it to provide the services. Note. A reference in this Act to government information held by an agency includes information held by a private sector entity to which the agency has an immediate right of access. See clause 12 of Schedule 4. This means that an access application can be made to the agency for that information.; Schedule 4. 2(2). The regulations may declare any of the following bodies to be a public authority— (a) a body (whether incorporated or unincorporated) established for a public purpose otherwise than by or under the provisions of a legislative instrument, (b) a body (whether incorporated or unincorporated) that is established by the Governor or by a Minister or that is an incorporated company or association over which a Minister is in a position to exercise direction or control. (3) None of the following is a public authority for the purposes of a provision of this Act— (a) an incorporated company or association (unless declared to be a public authority for the purposes of the provision by a regulation under this clause). 12(1)(1). A reference in this Act to government information held by an agency is a reference to—...(b) information contained in a record held by a private sector entity to which the agency has an immediate right of access, or...	The Act allows the possibility of designating certain private bodies under the regulations but no right to access information held by them, so one point has been deducted. Under 121 of the Act, there is a right to certain information held by private sector entities with government contracts. This information is limited to that to which the agency has an immediate right of access. However, under 121 private contractors are required to provide for an immediate right to access certain information to agencies, so no further point deducted here.
3. Requesting Procedures	13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	Partially	1	41(1). An application or other request for government information is not a valid access application unless it complies with the following requirements (the formal requirements) for access applications— (a) it must be in writing sent by post to or lodged at an office of the agency concerned or made in the manner approved by the agency under subsection (2), (b) it must clearly indicate that it is an access application made under this Act, (c) it must be accompanied by a fee of $30, (d) it must state the name of the applicant and a postal or email address as the address for correspondence in connection with the application, (e) it must include such information as is reasonably necessary to enable the government information applied for to be identified. 55(1). In determining whether there is an overriding public interest against disclosure of information in response to an access application, an agency is entitled to take the following factors (the personal factors of the application) into account as provided by this section— (a) the applicant’s identity and relationship with any other person, (b) the applicant’s motives for making the access application, (c) any other factors particular to the applicant…(4) An applicant is entitled to provide any evidence or information concerning the personal factors of the application that the applicant considers to be relevant to the determination of whether there is an overriding public interest against disclosure of the information applied for…(5) An agency may, as a precondition to providing access to information to an applicant, require the applicant to provide evidence concerning any personal factors of the application that were relevant to a decision by the agency that there was not an overriding public interest against disclosure of the information and, for that purpose, require the applicant to take reasonable steps to provide proof of his or her identity.	Not mentioned as a consistent requirement in the procedures for access applications in 41 but 55(1)(b) allows for considering personal motives and 55(5) allows for requestors to be required to provide evidence on personal factors, so one point deducted.
3. Requesting Procedures	14	Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).	Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.	2	Partially	1	41(1). An application or other request for government information is not a valid access application unless it complies with the following requirements (the formal requirements) for access applications— (a) it must be in writing sent by post to or lodged at an office of the agency concerned or made in the manner approved by the agency under subsection (2), (b) it must clearly indicate that it is an access application made under this Act, (c) it must be accompanied by a fee of $30, (d) it must state the name of the applicant and a postal or email address as the address for correspondence in connection with the application, (e) it must include such information as is reasonably necessary to enable the government information applied for to be identified. 55(1). In determining whether there is an overriding public interest against disclosure of information in response to an access application, an agency is entitled to take the following factors (the personal factors of the application) into account as provided by this section— (a) the applicant’s identity and relationship with any other person, (b) the applicant’s motives for making the access application, (c) any other factors particular to the applicant. (2) The personal factors of the application can also be taken into account as factors in favour of providing the applicant with access to the information...(5) An agency may, as a precondition to providing access to information to an applicant, require the applicant to provide evidence concerning any personal factors of the application that were relevant to a decision by the agency that there was not an overriding public interest against disclosure of the information and, for that purpose, require the applicant to take reasonable steps to provide proof of his or her identity.	Applicants are required to provide their name under 41 and can be requested to prove their identity under 55 where necessary to determine that that there is not an overriding public interest against disclosure of the information.
3. Requesting Procedures	15	There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.	Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought.	2	Partially	1	41(1). An application or other request for government information is not a valid access application unless it complies with the following requirements (the formal requirements) for access applications— (a) it must be in writing sent by post to or lodged at an office of the agency concerned or made in the manner approved by the agency under subsection (2), (b) it must clearly indicate that it is an access application made under this Act, (c) it must be accompanied by a fee of $30, (d) it must state the name of the applicant and a postal or email address as the address for correspondence in connection with the application, (e) it must include such information as is reasonably necessary to enable the government information applied for to be identified.	One point deducted for the requirement in 41(1)(b) to indicate that the request is made under the Act.
3. Requesting Procedures	16	Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification.	Score 1 point for help in formulation and 1 point for clarification procedures	2	YES	2	16(1). An agency must provide advice and assistance to a person who requests or proposes to request access to government information, for the purpose of assisting the person to access, or seek access to, information that is or may be made publicly available. (2) An agency must provide the following specific advice and assistance to a person who requests access to government information— (a) advice as to whether or not the information is publicly available from the agency and (if it is) how the information can be accessed, (b) advice on how to make an access application for the information if the information is not publicly available from the agency but appears likely to be held by the agency, (c) if the information appears unlikely to be held by the agency but appears likely to relate to the functions of some other agency, the contact details of the other agency, (d) the contact details of the Information Commissioner and advice on the availability of and how to access any information published by the Information Commissioner that it appears may be relevant to the person’s request. (3) An agency is only required to provide advice and assistance under this section that it would be reasonable to expect the agency to provide. 52(1). The notification of an agency’s decision that an application is not a valid access application must—...(c) if a reason is failure to provide required information, invite the applicant to provide the information...(3) An agency must provide advice and assistance, so far as it would be reasonable to expect the agency to do so, to assist an applicant to provide such information as may be necessary to enable the applicant to make a valid access application.
3. Requesting Procedures	17	Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.	Score Yes=2 point, No=0	2	NO	0	16(1). An agency must provide advice and assistance to a person who requests or proposes to request access to government information, for the purpose of assisting the person to access, or seek access to, information that is or may be made publicly available. (2) An agency must provide the following specific advice and assistance to a person who requests access to government information— (a) advice as to whether or not the information is publicly available from the agency and (if it is) how the information can be accessed, (b) advice on how to make an access application for the information if the information is not publicly available from the agency but appears likely to be held by the agency, (c) if the information appears unlikely to be held by the agency but appears likely to relate to the functions of some other agency, the contact details of the other agency, (d) the contact details of the Information Commissioner and advice on the availability of and how to access any information published by the Information Commissioner that it appears may be relevant to the person’s request. (3) An agency is only required to provide advice and assistance under this section that it would be reasonable to expect the agency to provide. 41 (1) An application or other request for government information is not a valid access application unless it complies with the following requirements (the formal requirements) for access applications—(a) it must be in writing sent by post to or lodged at an office of the agency concerned or made in the manner approved by the agency under subsection...52(1). The notification of an agency’s decision that an application is not a valid access application must—...(c) if a reason is failure to provide required information, invite the applicant to provide the information...(3) An agency must provide advice and assistance, so far as it would be reasonable to expect the agency to do so, to assist an applicant to provide such information as may be necessary to enable the applicant to make a valid access application.	41(1)(a) does not explicitly allow for oral requests and there is no explicit requirement to assist those who are disabled or illiterate.
3. Requesting Procedures	18	Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days.	Score 1 point for receipt, 1 point for max 5 working days	2	YES	2	51(1). When an agency receives an application for access to government information that it appears is intended to be an access application, the agency is to decide whether the application is a valid access application and is to notify its decision to the applicant by either— (a) acknowledging receipt of the application as a valid access application, or (b) notifying the applicant that the application is not a valid access application. (2) An agency’s decision as to the validity of an application must be made and notified to the applicant as soon as practicable after the agency receives the application and in any event within 5 working days after the application is received.
3. Requesting Procedures	19	Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.	Score: 1 point for information not held, 1 for referrals or 2 for transfers	2	Partially	1	44(1). An agency that receives an access application for government information can transfer the application to another agency either by agency-initiated transfer or by applicant-initiated transfer, as provided by this Division. 45 (1). An agency-initiated transfer of an access application to another agency requires the consent of that other agency and cannot be done unless— (a) the other agency is known to hold the information applied for and the information relates more closely to the functions of that other agency, or (b) the agency that receives the application decides that it does not hold the information and the other agency is known or reasonably expected to hold the information. (2) An agency-initiated transfer cannot be done more than 10 working days after the application was received. 47. An agency that transfers an application must give notice of the transfer to the applicant, advising of the date of transfer and the agency to which it was transferred.	One point deducted because this appears to be non-mandatory ("can transfer"), because the grounds for transfer appear to be too broad (information relates more closely to the work of the second agency) and it appears to give the second agency the power to refuse to receive the request without any conditions.
3. Requesting Procedures	20	Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).	Score: 2 points for Yes, only 1 point if some limitations	2	Partially	1	47(2). The agency must provide access in the way requested by the applicant unless—(a) to do so would interfere unreasonably with the operations of the agency or would result in the agency incurring unreasonable additional costs, or (b) to do so would be detrimental to the proper preservation of the record, or (c) to do so would involve an infringement of copyright, or (d) there is an overriding public interest against disclosure of the information in the way requested by the applicant.	The reference to an "overriding public interest against disclosure of the information in the way requested by the applicant" in 47(2)(d) is both discretionary and unnecessary (not found in other laws) so one point has been deducted.
3. Requesting Procedures	21	Public authorities are required to respond to requests as soon as possible.	Score: No=0, Yes=2 points	2	NO	0	51(2). An agency’s decision as to the validity of an application must be made and notified to the applicant as soon as practicable after the agency receives the application and in any event within 5 working days after the application is received. 57(1). An agency must decide an access application and give the applicant notice of the agency’s decision within 20 working days (the decision period) after the agency receives the application.	No points awarded because "as soon as practicable" is mentioned in respect of the notification on the validity of the request, not in respect of the final decision on the access request.
3. Requesting Procedures	22	There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).	Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.	2	Partially	1	57(1). An agency must decide an access application and give the applicant notice of the agency’s decision within 20 working days (the decision period) after the agency receives the application.	20 working days deadline for decisions on access requests.
3. Requesting Procedures	23	There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.	-	2	Partially	1	57(2). The decision period can be extended by up to 10 working days for either or both of the following reasons (with a maximum extension under this subsection of 15 working days for any particular access application)— (a) consultation with another person is required under a provision of this Act, (b) records are required to be retrieved from a records archive. (3) The regulations can also provide for the extension (and further extension) of the decision period. (4) The decision period can also be extended (and further extended) by agreement with the applicant. 78(1). An agency that has decided to provide access to government information in response to an access application may defer providing that access if—(a) the information is contained in a record (or a draft of or extract from a record) that, by or under this Act or some other legislative instrument, is required to be published but is yet to be published, or (b) the information is contained in a record (or a draft of or extract from a record) that has been prepared for presentation to Parliament, or that has been designated by the responsible Minister for the agency as appropriate for presentation to Parliament, but is yet to be presented, or (c) the information is contained in a record (or a draft of or extract from a record) that has been prepared for submission to a particular person or body, or that has been designated by the responsible Minister for the agency as appropriate for submission to a particular person or body, but is yet to be submitted. (2) Access may be deferred only until the record has been so published, presented or submitted.	One point deducted because the deferral of access provisions are too broad and potentially prone to abuse in that a document could be designated as appropriate for presentation to a body with no requirement to follow through on this.
3. Requesting Procedures	24	It is free to file requests.	Score: No=0, Yes=2 points	2	NO	0	41(1). An application or other request for government information is not a valid access application unless it complies with the following requirements (the formal requirements) for access applications—…(c) it must be accompanied by a fee of $30,
3. Requesting Procedures	25	There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free.	Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional	2	NO	0	64(1). An agency may impose a charge (a processing charge) for dealing with an access application at a rate of $30 per hour for each hour of processing time for the application. (2) The processing time for an application is the total amount of time that is necessary to be spent by any officer of the agency in— (a) dealing efficiently with the application (including consideration of the application, searching for records, consultation, decision-making and any other function exercised in connection with deciding the application), or (b) providing access in response to the application (based on the lowest reasonable estimate of the time that will need to be spent in providing that access). (3) The application fee of $30 paid by an applicant counts as a payment towards any processing charge payable by the applicant. 67. If an access application is made for personal information about the applicant (the applicant being an individual), the agency cannot impose any processing charge for the first 20 hours of processing time for the application.	There is a $30/hour processing charge. 20 hours are free but only for requests for personal information. No reference to free pages although it is also not clear if there are charges for reproduction.
3. Requesting Procedures	26	There are fee waivers for impecunious requesters.	-	2	YES	2	65(1). An applicant is entitled to a 50% reduction in a processing charge imposed by an agency if the agency is satisfied that the applicant is suffering financial hardship. (2) The agency may refuse to allow the discount if satisfied that the applicant is making the application on behalf of another person in order to obtain the discount for that person. (3) The regulations may prescribe circumstances that constitute financial hardship. 127. An agency is entitled to waive, reduce or refund any fee or charge payable or paid under this Act in any case that the agency thinks appropriate, subject to the regulations. Government Information (Public Access) Regulation 2018: 10. An agency is required to reduce, by 50%, the processing charge payable under the Act for dealing with an access application if the applicant provides evidence that the applicant: (a) is the holder of a Pensioner Concession card issued by the Commonwealth that is in force, or (b) is a full-time student, or (c) is a non-profit organisation (including a person applying for or on behalf of a non-profit organisation).	65(1) and the regulations suggest this is normally limited to a 50% reduction, not a full fee waiver. However, 127 grants an agency discretion to waive fees in "appropriate" cases. It would be better if this were explicitly tied to impecunious requestors, but no point is deducted here.
3. Requesting Procedures	27	There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information.	Score: No=0, Yes=2 points	2	Partially	1	13. There is an overriding public interest against disclosure of government information for the purposes of this Act if (and only if) there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure. 14(1). It is to be conclusively presumed that there is an overriding public interest against disclosure of any of the government information described in Schedule 1. (2). The public interest considerations listed in the Table to this section are the only other considerations that may be taken into account under this Act as public interest considerations against disclosure for the purpose of determining whether there is an overriding public interest against disclosure of government information. 73(1). An agency is not entitled to impose any conditions on the use or disclosure of information when the agency provides access to the information in response to an access application. (2) A condition may be imposed as to how a right of access may be exercised (such as a condition that prevents an applicant making notes from or taking a copy of a record that is made available for inspection) but only to avoid there being an overriding public interest against disclosure of the information.	The example given in (2) for applicants to be prevented from making notes is not legitimate; if a person can inspect a record s/he should be able to copy it. In any case, the allowance for imposing conditions in cases of an "overriding public interest against disclosure of the information" is potentially problematic if interpreted broadly.
4. Exceptions & Refusal	28	The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.	Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points.	4	Partially	1	11. This Act overrides a provision of any other Act or statutory rule that prohibits the disclosure of information (whether or not the prohibition is subject to specified qualifications or exceptions), other than a provision of a law listed in Schedule 1 as an overriding secrecy law. Schedule 1: 1(1) It is to be conclusively presumed that there is an overriding public interest against disclosure of information the disclosure of which is prohibited by any of the following laws (which are referred to in this Act as overriding secrecy laws), whether or not the prohibition is subject to specified qualifications or exceptions and whether or not a breach of the prohibition constitutes an offence—...14, Table. 6 Secrecy provisions (1) There is a public interest consideration against disclosure of information if disclosure of the information by any person could (disregarding the operation of this Act) reasonably be expected to constitute a contravention of a provision of any other Act or statutory rule (of this or another State or of the Commonwealth) that prohibits the disclosure of information, whether or not the prohibition is subject to specified qualifications or exceptions. (2) The public interest consideration under this clause extends to consideration of the policy that underlies the prohibition against disclosure.	Despite the general provision in 11 on overriding other acts, three points deducted due to the long list of overriding secrecy laws in Schedule 1 in addition to upholding the secrecy provisions of other legislation in section 6 of the table in 14.
4. Exceptions & Refusal	29	The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities.	Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed	10	Partially	3	14, Table, 1. Responsible and effective government. There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects (whether in a particular case or generally)—(a) prejudice collective Ministerial responsibility, (b) prejudice Ministerial responsibility to Parliament, (c) prejudice relations with, or the obtaining of confidential information from, another government, (d) prejudice the supply to an agency of confidential information that facilitates the effective exercise of that agency’s functions, (e) reveal a deliberation or consultation conducted, or an opinion, advice or recommendation given, in such a way as to prejudice a deliberative process of government or an agency, (f) prejudice the effective exercise by an agency of the agency’s functions, (g)found an action against an agency for breach of confidence or otherwise result in the disclosure of information provided to an agency in confidence, (h) prejudice the conduct, effectiveness or integrity of any audit, test, investigation or review conducted by or on behalf of an agency by revealing its purpose, conduct or results (whether or not commenced and whether or not completed). 2. Law enforcement and security. There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects (whether in a particular case or generally)— (a) reveal or tend to reveal the identity of an informant or prejudice the future supply of information from an informant, (b) prejudice the prevention, detection or investigation of a contravention or possible contravention of the law or prejudice the enforcement of the law, (c) increase the likelihood of, or prejudice the prevention of, preparedness against, response to, or recovery from, a public emergency (including any natural disaster, major accident, civil disturbance or act of terrorism), (d) endanger, or prejudice any system or procedure for protecting, the life, health or safety of any person, (e) endanger the security of, or prejudice any system or procedure for protecting, any place, property or vehicle, (f) facilitate the commission of a criminal act (including a terrorist act within the meaning of the Terrorism (Police Powers) Act 2002), (g) prejudice the supervision of, or facilitate the escape of, any person in lawful custody, (h) prejudice the security, discipline or good order of any correctional facility. 3 Individual rights, judicial processes and natural justice. There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects— (a) reveal an individual’s personal information, (b) contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002, (c) prejudice any court proceedings by revealing matter prepared for the purposes of or in relation to current or future proceedings, (d) prejudice the fair trial of any person, the impartial adjudication of any case or a person’s right to procedural fairness, (e) reveal false or unsubstantiated allegations about a person that are defamatory, (f) expose a person to a risk of harm or of serious harassment or serious intimidation, (g) in the case of the disclosure of personal information about a child—the disclosure of information that it would not be in the best interests of the child to have disclosed. 4 Business interests of agencies and other persons. There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects— (a) undermine competitive neutrality in connection with any functions of an agency in respect of which it competes with any person or otherwise place an agency at a competitive advantage or disadvantage in any market, (b) reveal commercial-in-confidence provisions of a government contract, (c) diminish the competitive commercial value of any information to any person, (d) prejudice any person’s legitimate business, commercial, professional or financial interests, (e) prejudice the conduct, effectiveness or integrity of any research by revealing its purpose, conduct or results (whether or not commenced and whether or not completed). 5 Environment, culture, economy and general matters. There is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects— (a) endanger, or prejudice any system or procedure for protecting, the environment, (b) prejudice the conservation of any place or object of natural, cultural or heritage value, or reveal any information relating to Aboriginal or Torres Strait Islander traditional knowledge, (c) endanger, or prejudice any system or procedure for protecting, the life, health or safety of any animal or other living thing, or threaten the existence of any species, (d) damage, or prejudice the ability of the Government or an agency to manage, the economy, (e) expose any person to an unfair advantage or disadvantage as a result of the premature disclosure of information concerning any proposed action or inaction of the Government or an agency. 6 Secrecy provisions (1) There is a public interest consideration against disclosure of information if disclosure of the information by any person could (disregarding the operation of this Act) reasonably be expected to constitute a contravention of a provision of any other Act or statutory rule (of this or another State or of the Commonwealth) that prohibits the disclosure of information, whether or not the prohibition is subject to specified qualifications or exceptions. (2) The public interest consideration under this clause extends to consideration of the policy that underlies the prohibition against disclosure. Schedule 1, 2. (1) It is to be conclusively presumed that there is an overriding public interest against disclosure of information (referred to in this Act as Cabinet information) contained in any of the following documents— (a) a document that contains an official record of Cabinet, (b) a document prepared for the dominant purpose of its being submitted to Cabinet for Cabinet’s consideration (whether or not the document is actually submitted to Cabinet), (c) a document prepared for the purpose of its being submitted to Cabinet for Cabinet’s approval for the document to be used for the dominant purpose for which it was prepared (whether or not the document is actually submitted to Cabinet and whether or not the approval is actually given),… (f) a document that is a preliminary draft of, or a copy of or part of, or contains an extract from, a document referred to in paragraphs (a)–(e). Schedule 1, 3 (1). It is to be conclusively presumed that there is an overriding public interest against disclosure of information (referred to in this Act as Executive Council information) contained in any of the following documents— (a) a document that contains an official record of the Executive Council, (b) a document prepared for the purpose of being submitted to the Executive Council (whether or not that is the only or the dominant purpose for which it was prepared and whether or not the document is actually submitted to the Executive Council)… (d) a document that is a preliminary draft of, or a copy of or part of, or contains an extract from, a document referred to in paragraphs (a)–(c). Schedule 1, 7. It is to be conclusively presumed that there is an overriding public interest against disclosure of information contained in any of the following documents— (a) a document created by the former Information and Intelligence Centre of the Police Service or the former State Intelligence Group, (b) a document created by the State Intelligence Command or the Counter Terrorism and Special Tactics Command of the NSW Police Force, the former Counter Terrorist Co-ordination Command of the NSW Police Force, the former Protective Security Group of the Police Service, the former Special Branch of the Police Service or the former Bureau of Criminal Intelligence, (c) a document created by the State Crime Command of the NSW Police Force in the exercise of its functions concerning the collection, analysis or dissemination of intelligence, (d) a document created by the Corrections Intelligence Group of Corrective Services NSW, Department of Justice, in the exercise of its functions concerning the collection, analysis or dissemination of intelligence, (e) a document created by the Security and Intelligence Unit of Juvenile Justice, Department of Justice, in the exercise of its functions concerning the collection, analysis or dissemination of intelligence, (f) a document concerning law enforcement and public safety created by another entity established under a law of another jurisdiction, including a jurisdiction outside Australia, whose functions substantially correspond with an entity referred to in paragraphs (a)–(e), including any entity declared by the regulations to be a corresponding entity for the purposes of this clause. Schedule 4, 4(1). In this Act, personal information means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual (whether living or dead) whose identity is apparent or can reasonably be ascertained from the information or opinion. (2) Personal information includes such things as an individual’s fingerprints, retina prints, body samples or genetic characteristics. (3) Personal information does not include any of the following— (a) information about an individual who has been dead for more than 30 years, (b) information about an individual (comprising the individual’s name and non-personal contact details, including the individual’s position title, public functions and the agency in which the individual works) that reveals nothing more than the fact that the person was engaged in the exercise of public functions, (c) information about an individual that is of a class, or is contained in a document of a class, prescribed by the regulations for the purposes of this subclause.	Certain exceptions in the table in 14 are overbroad or illegitimate. 1 point deducted for the overbroad formulation in 1f ("prejudice the effective exercise by an agency of the agency’s functions"). 1 point deducted for 3(a)'s reference to "personal information" - instead of legitimate privacy interests - which even with the definition of "personal information" in Schedule 4 is too broad. 1 point deducted for 3(e) on defamatory information. 1 point deducted because the exceptions for business/financial interests in 4(d) and 5(e) are worded too broadly. 1 point deducted for the overbroad research exception in 4(e). The exception in 5(b) for revealing "any information relating to Aboriginal or Torres Strait Islander traditional knowledge" is overbroad, so an additional point is deducted here. Schedule 1 contains a number of exclusions, the most problematic of which are the overbroad exclusions in Schedule 1 for cabinet and executive council documents for which an additional point was deducted, as well as the various exclusions for documents affecting law enforcement and security for which an additional point was deducted.
4. Exceptions & Refusal	30	A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused.	Score 4 points and then deduct 1 point for each exception which is not subject to the harm test	4	NO	0	14 Table, 1(g). found an action against an agency for breach of confidence or otherwise result in the disclosure of information provided to an agency in confidence…3(b) contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002...4(b) reveal commercial-in-confidence provisions of a government contract...5(b) reveal any information relating to Aboriginal or Torres Strait Islander traditional knowledge. Schedule 1, 8(1). It is to be conclusively presumed that there is an overriding public interest against disclosure of information that would disclose matter relating to an investigation or inquiry into a transport accident or incident under section 46BA or 46BC of the Passenger Transport Act 1990. Schedule 1, It is to be conclusively presumed that there is an overriding public interest against disclosure of information that would disclose— (a) matter relating to adoption procedures under the Adoption Act 2000, or (b) matter relating to the receipt of an amended or original birth certificate or of prescribed information under the Adoption Act 2000. Government Information (Public Access) Act 2009 No 52 [NSW], Schedule 1, 10, It is to be conclusively presumed that there is an overriding public interest against disclosure of information contained in a report to which section 29 of the Children and Young Persons (Care and Protection) Act 1998 applies. Schedule 1, 11, It is to be conclusively presumed that there is an overriding public interest against disclosure of information the disclosure of which would disclose information contained in the Register of Interests kept by or on behalf of the Premier pursuant to the Code of Conduct for Ministers of the Crown adopted by Cabinet....	No additional points were deducted for 14 Table, 3(b) and 5(b) because accounted for under Indicator 29 but the several other non-harm tested exceptions are sufficient to award no points. There are several other exclusions in Schedule 1 which are also not harm-tested.
4. Exceptions & Refusal	31	There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.	Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.	4	Partially	2	12(1). There is a general public interest in favour of the disclosure of government information. (2) Nothing in this Act limits any other public interest considerations in favour of the disclosure of government information that may be taken into account for the purpose of determining whether there is an overriding public interest against disclosure of government information. (a) Disclosure of the information could reasonably be expected to promote open discussion of public affairs, enhance Government accountability or contribute to positive and informed debate on issues of public importance. (b) Disclosure of the information could reasonably be expected to inform the public about the operations of agencies and, in particular, their policies and practices for dealing with members of the public. (c) Disclosure of the information could reasonably be expected to ensure effective oversight of the expenditure of public funds. (d) The information is personal information of the person to whom it is to be disclosed. (e) Disclosure of the information could reasonably be expected to reveal or substantiate that an agency (or a member of an agency) has engaged in misconduct or negligent, improper or unlawful conduct. (3) The Information Commissioner can issue guidelines about public interest considerations in favour of the disclosure of government information, for the assistance of agencies. 13. There is an overriding public interest against disclosure of government information for the purposes of this Act if (and only if) there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure. 14(1). It is to be conclusively presumed that there is an overriding public interest against disclosure of any of the government information described in Schedule 1.	Two points deducted due to the limitations to the public interest override resulting from the various conclusive presumptions that many categories of information are against the public interest.
4. Exceptions & Refusal	32	Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.	Score 1 point for each	2	Partially	1	Schedule 1. 2(2). Information contained in a document is not Cabinet information if—...(b)10 years have passed since the end of the calendar year in which the document came into existence.. 3(2)Information contained in a document is not Executive Council information if—...(b) 10 years have passed since the end of the calendar year in which the document came into existence...4(3)Personal information does not include any of the following— (a) information about an individual who has been dead for more than 30 years...	1 point deducted because of the very limited kinds of information covered by sunset clauses.
4. Exceptions & Refusal	33	Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.	Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.	2	Partially	1	54(1). An agency must take such steps (if any) as are reasonably practicable to consult with a person before providing access to information relating to the person in response to an access application if it appears that— (a) the information is of a kind that requires consultation under this section, and (b) the person may reasonably be expected to have concerns about the disclosure of the information, and (c) those concerns may reasonably be expected to be relevant to the question of whether there is a public interest consideration against disclosure of the information. (2) Information relating to a person is of a kind that requires consultation under this section if the information— (a) includes personal information about the person, or (b) concerns the person’s business, commercial, professional or financial interests, or (c) concerns research that has been, is being, or is intended to be, carried out by or on behalf of the person, or (d) concerns the affairs of a government of the Commonwealth or another State (and the person is that government). 54(6). If consultation establishes that a person objects to the disclosure of information but the agency decides to provide access to the information in response to the application, access is not to be provided until the agency has first given the objector notice of the agency’s decision to provide access to the information and notice of the objector’s right to have that decision reviewed, and is not to be provided while review rights on the decision are pending. 54(7). Review rights on a decision are pending while the objector is entitled to apply for a review of the decision under Part 5 (ignoring any period that may be available by way of extension of time to apply for review), or any review duly applied for is pending. 57(1). An agency must decide an access application and give the applicant notice of the agency’s decision within 20 working days (the decision period) after the agency receives the application. (2) The decision period can be extended by up to 10 working days for either or both of the following reasons (with a maximum extension under this subsection of 15 working days for any particular access application)— (a) consultation with another person is required under a provision of this Act, (b) records are required to be retrieved from a records archive. Note. The decision period can only be extended to allow for mandatory consultation, not just consultation that the agency chooses to do. (3) The regulations can also provide for the extension (and further extension) of the decision period. 92A(1). The Information Commissioner must complete the review, and make any recommendations to the agency, within 40 working days (the review period) after the Information Commissioner receives all information the Information Commissioner considers necessary to complete the review.	Although 57(1) provides a maximum extension of 15 days for consultations, 54(6) indicates that if a third party has objected information cannot be disclosed while "review rights" are pending. 54(7) defines pending review rights in relation to Part 5, which includes not only review by the Information Commissioner (up to 40 working days to decide on a review as per 92(A)(1)), but also review by the Civil and Administrative Tribunal. This is not better practice and could drag things out.
4. Exceptions & Refusal	34	There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed.	Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted	2	Partially	1	6(4). An agency must facilitate public access to open access information contained in a record by deleting matter from a copy of the record to be made publicly available if inclusion of the matter would otherwise result in there being an overriding public interest against disclosure of the record and it is practicable to delete the matter. 58(2) More than one decision can be made in respect of a particular access application, so as to deal with the various items of information applied for. 74. An agency can delete information from a copy of a record to which access is to be provided in response to an access application (so as to provide access only to the other information that the record contains) either because the deleted information is not relevant to the information applied for or because (if the deleted information was applied for) the agency has decided to refuse to provide access to that information.	58(2) indicates that different pieces of information can be subject to separate decisions, and under 74 an agency may but is not clearly required to delete (sever) information. The clearer statement in 6(4) applies only to proactive disclosure.
4. Exceptions & Refusal	35	When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.	Score Y/N: 1 point for a and 1 point for b	2	Partially	1	61. Notice of an agency’s decision to refuse to provide access to information because there is an overriding public interest against disclosure of the information must state the following— (a) the agency’s reasons for its decision, (b) the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based, (c) the general nature and the format of the records held by the agency that contain the information concerned.	61 does not provide that the notice has to include the appeals procedures. In addition, although the reasons and findings of fact have to be specified, it does not specify that the legal grounds have to be articulated.
5. Appeals	36	The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).	Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.	2	Partially	1	82(1). A person aggrieved by a reviewable decision of an agency is entitled to a review of the decision by the agency that made the decision (which is referred to in this Part as an internal review). (2). Internal review of a decision is not available if the decision is made by the principal officer of the agency or a Minister (or a member of the Minister’s personal staff). 85(1). A fee of $40 is payable by the applicant for an internal review. 86(1). An agency must make its decision on an internal review and give the applicant notice of the agency’s decision within 15 working days (the review period) after the agency receives the application for internal review.	1 point deducted for the fee charged for the internal review.
5. Appeals	37	Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman).	1 for partial, 2 for yes	2	YES	2	89(1). A person aggrieved by a reviewable decision of an agency is entitled to have the decision reviewed by the Information Commissioner under this Division. 100(1). A person who is aggrieved by a reviewable decision of an agency may apply to NCAT for an administrative review under the ADR Act of the decision
5. Appeals	38	The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed.	Score: 1 point for appointment procedure, 1 point for security of tenure	2	YES	2	Government Information (Information Commissioner) Act 2009 No 53 [NSW]: 4(1). The Governor may appoint an Information Commissioner. 7. The office of Commissioner becomes vacant if the holder—(a) dies, or(b) completes a term of office and is not re-appointed, or (c) resigns the office by instrument in writing addressed to the Governor, or (d) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth, or (e) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit, or (f) becomes a mentally incapacitated person, or (g) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or (h) is removed from office under section 8. 5(1). A person is not to be appointed as Commissioner until— (a) a proposal that the person be so appointed has been referred to the Joint Committee under section 31BA of the Ombudsman Act 1974, and (b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment. (2) A person may be proposed for appointment on more than one occasion. (3) In this section, appointment includes re-appointment. 8(1). The Governor may remove the Commissioner from office on the address of both Houses of Parliament. (2) The Governor may suspend the Commissioner from office— (a) for misbehaviour, or (b) for incapacity, or (c) if the Commissioner is absent from duty for a period in excess of his or her leave entitlement as approved by the Governor unless the absence is caused by illness or other unavoidable cause. (3) The Minister is to lay or cause to be laid before each House of Parliament, within 7 sitting days of that House after the Commissioner has been suspended from office, a full statement of the grounds for the suspension. (4) The suspension is to be lifted unless each House of Parliament, within 21 sitting days from the time when the statement was laid before it, declares by resolution that the Commissioner ought to be removed from office. (5) If each House does so declare within that period, the Commissioner is to be removed from office by the Governor. (6) For the purposes of this section, sitting days are to be counted whether or not they occur in the same session. 10.The office of Commissioner is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office; Government Sector Employment Act 2013 No 40: Schedule 1, Part 3. The agency heads marked with an asterisk are statutory officers and do not hold offices established by this Act in the Public Service...Information and Privacy Commission *Information Commissioner. Ombudsman Act 1974 No 68. 31 BA(1). The Minister is to refer a proposal to appoint a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission or the Commissioner for the New South Wales Crime Commission to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.
5. Appeals	39	The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.	Score 1 point for reports to parliament, 1 point for budget approved by parliament	2	YES	2	Government Information (Information Commissioner) Act 2009 No 53 [NSW]: 6(1). The Commissioner is entitled to be paid— (a) remuneration in accordance with the Statutory and Other Offices Remuneration Act 1975, and (b) such travelling and subsistence allowances as the Minister may from time to time determine. 36(1). The Commissioner is, as soon as practicable after 30 June in each year, to prepare a report of the Commissioner’s work and activities for the 12 months preceding that date and is to furnish the report to the Presiding Officer of each House of Parliament. 44(1). The Joint Committee has the following functions under this Act— (a) to monitor and review the exercise by the Commissioner of the Commissioner’s functions, (b) to report to both Houses of Parliament, with such comments as it thinks fit, on any matter appertaining to the Commissioner or connected with the exercise of the Commissioner’s functions to which, in the opinion of the Joint Committee, the attention of Parliament should be directed... 5(1). A person is not to be appointed as Commissioner until— (a) a proposal that the person be so appointed has been referred to the Joint Committee under section 31BA of the Ombudsman Act 1974, and (b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment. (2) A person may be proposed for appointment on more than one occasion. (3) In this section, appointment includes re-appointment. 8(1). The Governor may remove the Commissioner from office on the address of both Houses of Parliament. (2) The Governor may suspend the Commissioner from office— (a) for misbehaviour, or (b) for incapacity, or (c) if the Commissioner is absent from duty for a period in excess of his or her leave entitlement as approved by the Governor unless the absence is caused by illness or other unavoidable cause. (3) The Minister is to lay or cause to be laid before each House of Parliament, within 7 sitting days of that House after the Commissioner has been suspended from office, a full statement of the grounds for the suspension. (4) The suspension is to be lifted unless each House of Parliament, within 21 sitting days from the time when the statement was laid before it, declares by resolution that the Commissioner ought to be removed from office. (5) If each House does so declare within that period, the Commissioner is to be removed from office by the Governor. (6) For the purposes of this section, sitting days are to be counted whether or not they occur in the same session. 10.The office of Commissioner is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office; Government Sector Employment Act 2013 No 40: Schedule 1, Part 3. The agency heads marked with an asterisk are statutory officers and do not hold offices established by this Act in the Public Service...Information and Privacy Commission *Information Commissioner. Ombudsman Act 1974 No 68. 31 BA(1). The Minister is to refer a proposal to appoint a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission or the Commissioner for the New South Wales Crime Commission to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.	We understand that the budget process is independent but that it is also unnecessarily onerous for the Information Commissioner and her office. No point deducted but consideration could be given to amending this procedure to make it more efficient.
5. Appeals	40	There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.	Score 1 point for not politically connected, 1 point for professional expertise	2	Partially	1	Government Information (Information Commissioner) Act 2009 No 53 [NSW]: 7. The office of Commissioner becomes vacant if the holder… (d) is nominated for election as a member of the Legislative Council or of the Legislative Assembly or as a member of a House of Parliament or a legislature of another State or Territory or of the Commonwealth. 5(1). A person is not to be appointed as Commissioner until— (a) a proposal that the person be so appointed has been referred to the Joint Committee under section 31BA of the Ombudsman Act 1974, and (b) the period that the Committee has under that section to veto the proposed appointment has ended without the Committee having vetoed the proposed appointment or the Committee notifies the Minister that it has decided not to veto the proposed appointment. (2) A person may be proposed for appointment on more than one occasion. (3) In this section, appointment includes re-appointment. 8(1). The Governor may remove the Commissioner from office on the address of both Houses of Parliament. (2) The Governor may suspend the Commissioner from office— (a) for misbehaviour, or (b) for incapacity, or (c) if the Commissioner is absent from duty for a period in excess of his or her leave entitlement as approved by the Governor unless the absence is caused by illness or other unavoidable cause. (3) The Minister is to lay or cause to be laid before each House of Parliament, within 7 sitting days of that House after the Commissioner has been suspended from office, a full statement of the grounds for the suspension. (4) The suspension is to be lifted unless each House of Parliament, within 21 sitting days from the time when the statement was laid before it, declares by resolution that the Commissioner ought to be removed from office. (5) If each House does so declare within that period, the Commissioner is to be removed from office by the Governor. (6) For the purposes of this section, sitting days are to be counted whether or not they occur in the same session. 10.The office of Commissioner is a statutory office and the provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to that office; Government Sector Employment Act 2013 No 40: Schedule 1, Part 3. The agency heads marked with an asterisk are statutory officers and do not hold offices established by this Act in the Public Service...Information and Privacy Commission *Information Commissioner. Ombudsman Act 1974 No 68. 31 BA(1). The Minister is to refer a proposal to appoint a person as Ombudsman, Director of Public Prosecutions, Information Commissioner, Privacy Commissioner, Chief or other Commissioner of the Law Enforcement Conduct Commission or Inspector of the Law Enforcement Conduct Commission or the Commissioner for the New South Wales Crime Commission to the Joint Committee and the Committee is empowered to veto the proposed appointment as provided by this section. The Minister may withdraw a referral at any time.	1 point awarded for the limited protection against political connections. No mention of expertise requirement.
5. Appeals	41	The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.	Score 1 point for reviewing classified documents, 1 point for inspection powers	2	YES	2	Government Information (Information Commissioner) Act 2009 No 53 [NSW]: 25(1). For the purposes of or in connection with the exercise of any function of the Commissioner, the Commissioner may require an agency— (a) to give the Commissioner a statement of information, or (b) to produce to the Commissioner any record or other thing, or (c) to give the Commissioner a copy of any record. (2) A requirement under this section must be in writing, must specify or describe the information, record or thing required, and must fix a time and specify a place for compliance. (3) The disclosure of information by an agency in compliance with a requirement imposed by or under this or any other Act does not constitute the waiver of any privilege of the agency against disclosure of the information. 26 For the purposes of any investigation under this Act, the Commissioner may, at any time— (a) enter and inspect any premises occupied or used by an agency, and (b) inspect any record or thing in or on the premises. 27(1). The Commissioner must not exercise a coercive entry power and must set aside any requirement imposed under a coercive investigative power if it appears to the Commissioner that any person has a ground of privilege, whereby, in proceedings in a court of law, the person might resist a like requirement or the exercise of a like power, unless— (a) the privilege is a privilege of an agency, or (b) it appears to the Commissioner that the person has waived the privilege. (2) However, the Commissioner may exercise a coercive entry or investigative power despite (and is not required to set aside any requirement imposed under a coercive investigative power merely because of)— (a) any rule of law that, in proceedings in a court of law, might justify an objection to compliance with a like requirement or the exercise of a like power on grounds of public interest, or (b) any duty of secrecy or other restriction on disclosure applying to an agency. 29. (1) The Commissioner may make or hold inquiries for the purposes of an investigation that the Commissioner conducts under this Act. (2) For the purposes of any inquiry under this section, the Commissioner has the powers, authorities, protections and immunities conferred on a commissioner by Division 1 of Part 2 of the Royal Commissions Act 1923 and that Act (section 13 and Division 2 of Part 2 excepted) applies to any witness summoned by or appearing before the Commissioner in the same way as it applies to a witness summoned by or appearing before a commissioner, but section 11 (2) of that Act is to have effect subject to section 27 (Limits on coercive powers because of privilege etc) of this Act.
5. Appeals	42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	NO	0	92 (1). On a review of a decision under this Division, the Information Commissioner may make such recommendations to the agency about the decision as the Information Commissioner thinks appropriate. 99 The Information Commissioner may, with the consent of the applicant for review, refer a decision of an agency that is the subject of a review by the Information Commissioner under this Division to NCAT for an administrative review. 100(1). A person who is aggrieved by a reviewable decision of an agency may apply to NCAT for an administrative review under the ADR Act of the decision.	Information Commissioner has the power to make recommendations. Although there is the possibility of applying to an administrative tribunal (NCAT) for a review, no points given due to lack of order-making powers by the Information Commissioner.
5. Appeals	43	In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information.	1 for partial, 2 for fully	2	YES	2	92(1). On a review of a decision under this Division, the Information Commissioner may make such recommendations to the agency about the decision as the Information Commissioner thinks appropriate. (2) The recommendations specifically provided for by this Division do not limit the recommendations that the Information Commissioner can make. 93 (1). The Information Commissioner may recommend that the agency reconsider the decision that is the subject of the Information Commissioner’s review and make a new decision as if the decision reviewed had not been made. 94(1). The Information Commissioner may make a recommendation against a decision of an agency that there is an overriding public interest against disclosure of government information. 95. The Information Commissioner may make a recommendation that any general procedure of an agency in relation to dealing with access applications be changed to conform to the requirements of this Act or to further the object of this Act.	Powers of recommendation are broad and not limited to those specifically listed.
5. Appeals	44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES	2	100(1). A person who is aggrieved by a reviewable decision of an agency may apply to NCAT for an administrative review under the ADR Act of the decision.	There is a right to appeal to an administrative tribunal (NCAT). Presumably aggrieved parties can seek judicial review of NCAT decisions.
5. Appeals	45	Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.	1 for free, 1 for no lawyer required.	2	YES	2	89(1) A person aggrieved by a reviewable decision of an agency is entitled to have the decision reviewed by the Information Commissioner under this Division.	No fee is mentioned, and the Information Commissioner's website confirms appeals are free of charge. No requirement for a lawyer.
5. Appeals	46	The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).	Score 1 point for appealing refusals, additional points for appealing other violations.	4	YES	4	80. The following decisions of an agency in respect of an access application are reviewable decisions for the purposes of this Part— (a) a decision that an application is not a valid access application, (b) a decision to transfer an access application to another agency, as an agency-initiated transfer, (c) a decision to refuse to deal with an access application (including such a decision that is deemed to have been made), (d) a decision to provide access or to refuse to provide access to information in response to an access application, (e) a decision that government information is not held by the agency, (f) a decision that information applied for is already available to the applicant, (g) a decision to refuse to confirm or deny that information is held by the agency, (h) a decision to defer the provision of access to information in response to an access application, (i) a decision to provide access to information in a particular way in response to an access application (or a decision not to provide access in the way requested by the applicant), (j) a decision to impose a processing charge or to require an advance deposit, (k) a decision to refuse a reduction in a processing charge, (l) a decision to refuse to deal further with an access application because an applicant has failed to pay an advance deposit within the time required for payment, (m) a decision to include information in a disclosure log despite an objection by an authorised objector (or a decision that an authorised objector was not entitled to object).
5. Appeals	47	Clear procedures, including timelines, are in place for dealing with external appeals.	Score 1 point for clear procedures, 1 point for timelines.	2	YES	2	90. An application for the review of a decision by the Information Commissioner must be made within 40 working days after notice of the decision to which the review relates is given to the applicant. 92A(1) The Information Commissioner must complete the review, and make any recommendations to the agency, within 40 working days (the review period) after the Information Commissioner receives all information the Information Commissioner considers necessary to complete the review.
5. Appeals	48	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	YES	2	97. (1) In any review under this Division concerning a decision made under this Act by an agency, the burden of establishing that the decision is justified lies on the agency, except as otherwise provided by this section. (2) If the review is of a decision to provide access to government information in response to an access application, the burden of establishing that there is an overriding public interest against disclosure of information lies on the applicant for review. (3) If the review is of a decision to refuse a reduction in a processing charge, the burden of establishing that there is an entitlement to the reduction lies on the applicant for review. (4) If the review is of a decision to include information in a disclosure log despite an objection by the applicant for review, the burden of establishing whether the objection outweighs the general public interest to have the information included lies with the applicant for review.
5. Appeals	49	The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management)	1 for partial, 2 for fully.	2	YES	2	92. (1) On a review of a decision under this Division, the Information Commissioner may make such recommendations to the agency about the decision as the Information Commissioner thinks appropriate. (2) The recommendations specifically provided for by this Division do not limit the recommendations that the Information Commissioner can make. 95. The Information Commissioner may make a recommendation that any general procedure of an agency in relation to dealing with access applications be changed to conform to the requirements of this Act or to further the object of this Act.	Scope of recommendations is broad.
6. Sanctions & Protections	50	Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.	Score 1 point for sanctions for underming right, 1 point for destruction of documents	2	YES	2	43(1). A person must not— (a) without lawful excuse, wilfully obstruct, hinder or resist the Commissioner or a member of staff of the Commissioner in the exercise of functions under this or any other Act, or (b) without lawful excuse, refuse or wilfully fail to comply with any lawful requirement of the Commissioner under this or any other Act, or (c) wilfully make any false statement to or mislead, or attempt to mislead, the Commissioner or member of staff of the Commissioner in the exercise of functions under this or any other Act. Maximum penalty—10 penalty units. (2) A person must not directly or indirectly— (a) falsely represent that he or she is the Commissioner or acting Commissioner, or (b) falsely represent that he or she is a member of staff of the Commissioner. Maximum penalty—10 penalty units. (3) For the purposes of subsection (2), a person represents that a state of affairs exists if the person does or says anything, or causes, permits or suffers anything to be done or said, whereby it is represented, or whereby a belief may be induced, that the state of affairs exists. (4) A person who uses, causes, inflicts or procures any violence, punishment, damage, loss or disadvantage to any person for or on account of— (a) his or her making a complaint to the Commissioner, or (b) his or her assisting the Commissioner, or (c) any evidence given by him or her to the Commissioner, is guilty of an indictable offence. Maximum penalty—200 penalty units or imprisonment for 5 years, or both. (5) An employer who dismisses any employee from his or her employment, or prejudices any employee in his or her employment, for or on account of the employee assisting the Commissioner is guilty of an indictable offence. Maximum penalty—200 penalty units or imprisonment for 5 years, or both. (6) In any proceedings for an offence against subsection (5), it lies on the employer to prove that any employee shown to have been dismissed or prejudiced in his or her employment was so dismissed or prejudiced for some reason other than the reasons mentioned in subsection (5). (7) In this section, a reference to a person assisting the Commissioner is a reference to a person who— (a) has appeared, is appearing or is to appear as a witness before the Commissioner, or (b) has complied with or proposes to comply with a requirement under section 25 (Agencies to give information etc), or (c) has assisted, is assisting or is to assist the Commissioner in some other manner. 116.An officer of an agency must not make a reviewable decision in relation to an access application that the officer knows to be contrary to the requirements of this Act. Maximum penalty—100 penalty units. 117. A person (the offender) must not— (a) direct an officer of an agency who is required to make a decision in relation to an access application to make a reviewable decision that the offender knows is not a decision permitted or required to be made by this Act, or (b) direct a person who is an officer of an agency involved in an access application to act in a manner that the offender knows is otherwise contrary to the requirements of this Act. Maximum penalty—100 penalty units. 118. A person (the offender) who influences the making of a decision by an officer of an agency for the purpose of causing the officer to make a reviewable decision that the offender knows is not the decision permitted or required to be made by this Act is guilty of an offence. Maximum penalty—100 penalty units. 120. A person who destroys, conceals or alters any record of government information for the purpose of preventing the disclosure of the information as authorised or required by or under this Act is guilty of an offence. Maximum penalty—100 penalty units.
6. Sanctions & Protections	51	There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).	Score 1 point for either remedial action or sanctions, 2 points for both	2	NO	0	92(1). On a review of a decision under this Division, the Information Commissioner may make such recommendations to the agency about the decision as the Information Commissioner thinks appropriate. Government Information (Information Commissioner) Act 2009 No 53 [NSW]: 17. The Information Commissioner has the following functions in connection with the operation of this Act—…(d) to issue guidelines and other publications for the assistance of agencies in connection with their functions under this Act. 95. The Information Commissioner may make a recommendation that any general procedure of an agency in relation to dealing with access applications be changed to conform to the requirements of this Act or to further the object of this Act. 111. NCAT may refer any matter to the Information Commissioner that NCAT considers is indicative of a systemic issue in relation to the determination of access applications by a particular agency or by agencies generally. Government Information (Information Commissioner) Act 2009 No 53 [NSW], 28(2) If a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do any act or thing that the person is required to do by or under an Information Act, the Supreme Court may, on the application of the Commissioner, grant an injunction requiring the person to do that act or thing.	No sanctions for authorities only for individual offences (under 116-120).
6. Sanctions & Protections	52	The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.	Score 1 for oversight body, 1 for immunity for others	2	YES	2	113(1). If government information is disclosed pursuant to a decision under this Act, and the person by whom the decision is made believes in good faith, when making the decision, that this Act permits or requires the decision to be made— (a) no action for defamation or breach of confidence lies against the Crown, an agency or an officer of an agency by reason of the making of the decision or the disclosure of information, and (b) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the disclosure of information lies against the author of a record containing the information or any other person by reason of the author or other person having supplied the record to an agency. (2) Neither the giving of access to information pursuant to a decision under this Act nor the making of such a decision constitutes, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of a record containing the information or its contents by the person to whom the information is disclosed. 114. If government information is disclosed pursuant to a decision under this Act, and the person by whom the decision is made believes in good faith, when making the decision, that this Act permits or requires the decision to be made, neither the person by whom the decision is made nor any other person concerned in disclosing the information is guilty of an offence merely because of the making of the decision or the disclosing of information. 115. No matter or thing done by an agency or officer of an agency, or by any person acting under the direction of an agency or officer of an agency, if the matter or thing was done in good faith for the purposes of executing this Act, subjects the officer or person so acting, personally to any action, liability, claim or demand; Government Information (Information Commissioner) Act 2009 No 53 [NSW]: 45. A matter or thing done (or omitted to be done) by the Commissioner, a member of staff of the Commissioner or a person acting under the direction of the Commissioner does not, if the matter or thing was done (or omitted to be done) in good faith for the purpose of executing this Act or any other Act, subject the Commissioner, the member of staff or the person so acting personally to any action, liability, claim or demand.
6. Sanctions & Protections	53	There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).	Score 2 for strong protections, 1 for moderate protections	2	YES	2	Public Interest Disclosures Act 1994 No 92.	This is a general whistleblowing law.
7. Promotional Measures	54	Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations.	Score Y/N, Y=2 points	2	NO	0	7(5) The functions of an agency under this section may only be exercised by or with the authority (given either generally or in a particular case) of the principal officer of the agency. See also 8(6) and 9(3).	Some recognition that someone needs to be responsible for these areas of work (proactive disclosure and processing requests) but the allocation of responsibilities is limited to that and can be on a case-by-case basis so no points awarded.
7. Promotional Measures	55	A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information.	Score Y/N, Y=2 points	2	YES	2	17. (b) to provide information, advice, assistance and training to agencies and the public on any matters relevant to this Act...(d) to issue guidelines and other publications for the assistance of agencies in connection with their functions under this Act. (e) to issue guidelines and other publications for the assistance of the public in connection with their rights under this Act (including rights of review)
7. Promotional Measures	56	Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law.	Score Y/N, Y=2 points	2	YES	2	17. The Information Commissioner has the following functions in connection with the operation of this Act—(a) to promote public awareness and understanding of this Act and to promote the object of this Act.
7. Promotional Measures	57	A system is in place whereby minimum standards regarding the management of records are set and applied.	Score Y/N, Y=2 points	2	YES	2	27(1). An agency is to keep a register of government contracts (its government contracts register) that records information about each government contract to which the agency is a party that has (or is likely to have) a value of $150,000 (including GST) or more (class 1 contracts). 29. The following information about a class 1 contract is to be entered in the government contracts register—...30(1). Additional information is required to be entered in the government contracts register for class 1 contracts to which any of the following paragraphs applies (class 2 contracts)—...(2) The additional information required to be entered in the register for class 2 contracts is as follows—...;State Records Act 1998 No 17.	Within the Government Information (Public Access) Act there are very limited record keeping requirements relating to information on large government contracts, but the State Records Act provides for general record management obligations.
7. Promotional Measures	58	Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public.	Score Y/N, Y=2 points	2	Partially	1	6(5). An agency must keep a record of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure. The record is to indicate only the general nature of the information concerned. 20 (1) An agency (other than a Minister) must have a guide (its agency information guide) that—...(d) identifies the various kinds of government information held by the agency, and (e) identifies the kinds of government information held by the agency that the agency makes (or will make) publicly available...21. An agency must adopt its first agency information guide within 6 months after the commencement of this section and must review its agency information guide and adopt a new agency information guide at intervals of not more than 12 months. An agency may update and amend its agency information guide at any time. 27(1). An agency is to keep a register of government contracts (its government contracts register) that records information about each government contract to which the agency is a party that has (or is likely to have) a value of $150,000 (including GST) or more (class 1 contracts).	Only a list of the types of information available and not a list of actual documents held.
7. Promotional Measures	59	Training programs for officials are required to be put in place.	Score Y/N, Y=2 points	2	Partially	1	17. The Information Commissioner has the following functions in connection with the operation of this Act—…(b) to provide information, advice, assistance and training to agencies and the public on any matters relevant to this Act.	Providing training is one of the functions of the Information Commissioner but there is no requirement on agencies to train their staff so only one point awarded.
7. Promotional Measures	60	Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with.	Score Y/N, Y=2 points	2	YES	2	125(1). Each agency (other than a Minister) must, within 4 months after the end of each reporting year, prepare an annual report on the agency’s obligations under this Act for submission to the Minister responsible for the agency. A copy of the report is to be provided to the Information Commissioner after the report has been tabled in each House of Parliament. (6) The regulations may make provision for— (a) the information to be included in annual reports, and (b) the form in which annual reports are to be prepared; Government Information (Public Access) Regulation 2018 [NSW]: 8. The annual report of an agency (other than a Minister) required to be prepared under section 125 of the Act must include the following:...(b) the total number of access applications received by the agency during the reporting year (including withdrawn applications but not including invalid applications), (c) the total number of access applications received by the agency during the reporting year that the agency refused, either wholly or partly, because the application was for the disclosure of information referred to in Schedule 1 to the Act (Information for which there is conclusive presumption of overriding public interest against disclosure), (d) information, asset out in the form required by the tables in Schedule 2, relating to the access applications (if any) made to the agency during the reporting year; Annual Reports (Statutory Bodies) Act, 1984, No. 87: 12. A statutory body shall, as soon as practicable after its annual report has been laid before both Houses of Parliament in accordance with section 11 (1) or copies of its annual report have been transmitted to the Clerk of the Parliaments and the Clerk of the Legislative Assembly in accordance with section 11 (2), make copies of the report available for public sale or distribution in such manner or at such place or places as may be prescribed; Annual Reports (Departments) Act 1985 No 156. 14. A Department Head shall, as soon as practicable after the Department’s annual report has been laid, or is deemed to have been laid, before both Houses of Parliament in accordance with section 13, make copies of the report available for public sale or distribution in such manner or at such place or places as may be prescribed.	Annual reports required under the Act. The required content of the reports, although not listed in the Act, is found in the Regulation, so full credit is given.
7. Promotional Measures	61	A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law.	Score Y/N, Y=2 points	2	YES	2	Government Information (Information Commissioner) Act 2009 No 53 [NSW]: 36(1). The Commissioner is, as soon as practicable after 30 June in each year, to prepare a report of the Commissioner’s work and activities for the 12 months preceding that date and is to furnish the report to the Presiding Officer of each House of Parliament 37. (1) The Commissioner is, as soon as practicable after 30 June in each year, to prepare and publish a report on the operation of the GIPA Act (generally, across all agencies) for the 12 months preceding that date and is to furnish the report to the Presiding Officer of each House of Parliament.

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New South Wales (Australia)

Introduction

Colaborators

1. Right of Access

1. Right of Access

1. Right of Access

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures