FAQ's | Privacy 
Q1 - What is the difference between asking for documents or information under the New South Wales Privacy Acts and the Government Information (Public Access) (GIPA) Act?
Generally you can ask for your own documents (personal information) under any of the Acts. However, under Privacy you can only appeal to the NSW Civil and Administrative Tribunal if you do not agree with the decision given to you.
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If you want someone else’s documents or information, you need to apply under the GIPA Act. In these cases, you have the added appeal mechanisms of an Internal Review or the NSW Information Commissioner.
 
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Q2- How much will it cost me to make an application?
Privacy fees:
 
Nature of application
Application Fee
Processing charge
Access to records
Nil
Nil
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Q3 - To whom do government agencies give access to my personal records?
It varies from agency to agency. Normally access is only permitted for the business reasons of the agency holding the records or where it is required or authorised to do so by law. The best way to find out is to ask the agency or visit its website. www.service.nsw.gov.au/nswgovdirectory and scrolling down the page until you get to the area titled "A-Z Filter list". Councils are listed as "Local Council Directory" on the right hand top of the page marked "Related Links".
 
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Q4 - What do I do if I feel a government agency has either inappropriately used or disclosed my personal information?
You can complain to either the NSW Privacy Commissioner or the agency. In either case your complaint will be investigated and you and the Privacy Commissioner will be provided with an explanation. If you are not satisfied, you can appeal to the NSW Civil and Administrative Tribunal.
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Q5 - What can I do if I think my personal records held by an agency are irrelevant, inaccurate, not up to date, incomplete or misleading?
You can contact the agency and request your records be amended. The onus is on you to prove the records are wrong. If you are not satisfied with the decision, you can have a notation placed on the records recording your views or you can request a “review of conduct” (also know as a privacy complaint). The matter will be investigated and you and the NSW Privacy Commissioner will be provided with a determination. If you are not satisfied, you can still ask for a notation to be placed on the records setting out your views and/or you can appeal to the NSW Civil and Administrative Tribunal.
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Q6 - Where can I go if I have other questions about privacy or my rights?
You can contact Youngman Consultancy, NSW Privacy  (ipcinfo@ipc.nsw.gov.au) or the agency’s Privacy Officer. If you have a complaint regarding unauthorised use or disclosure of your personal information held by a government department, you have the right to lodge an official complaint with that department. Your complaint will be investigated under the NSW Privacy Acts and you and the Privacy Commissioner will be notified of the outcome. If you are not satisfied, you may appeal to the NSW Civil and Administrative Tribunal.
Youngman Consultancy | Expert advice in GIPA (FOI) and Privacy
Servicing all areas of NSW
Phone: 0425 372 262
Email: phillip@youngmanconsultancy.com.au
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