Frequently Asked Questions (GIPA)

Q1. What happens if an agency receives a request for access to my records under GIPA?

The agency should consult you and give you an opportunity to object to the release of your information.

You will need to demonstrate that there is an overriding public interest against disclosure, particularly where personal information is involved.

Generally, the GIPA Act places significant importance on the protection of personal information.

Q2. Will an agency release information about my business?

An agency may release business-related information in response to an access application. However, any decision is subject to a public interest test.

If your business information is involved, the agency must consult you and consider any objections you raise.

Your objection must relate to one or more of the public interest considerations against disclosure outlined in Section 14 of the Act.

If the agency determines there is an overriding public interest against disclosure, the information will not be released.

Q3. What are the public interest considerations in favour of disclosure?

There is no limit to the matters an agency may consider in favour of disclosure.

Section 12 of the GIPA Act provides examples of factors that support the release of information, particularly where it promotes transparency, accountability, and public awareness.

Q4. What are the public interest considerations against disclosure?

The GIPA Act outlines specific grounds on which agencies may refuse access to information.

Some information is automatically excluded under Schedules 1 and 2, meaning no public interest test is required.

In other cases, agencies must consider the factors listed under Section 14, including:

• Responsible and effective government

• Law enforcement and security

• Individual rights, judicial processes, and natural justice

• Business interests of agencies or other persons

• Environmental, economic, and general matters

• Secrecy provisions

• Exempt documents under interstate FOI legislation

These factors must be weighed against those in favour of disclosure. Information can only be withheld where there is an overriding public interest against release.

Q5. What can I do if I do not agree with an agency’s decision?

If you are the applicant or an affected third party, you can:

• request an Internal Review, or

• apply directly to the Information and Privacy Commission NSW

• or lodge an appeal with the NSW Civil and Administrative Tribunal

There is no fee to apply to the Information Commissioner. Fees may apply for NCAT appeals.

Interpreter services are available via (13 14 50).

Q6. What if my personal records are incorrect, incomplete, or out of date?

You can request an amendment under the:

• Privacy and Personal Information Protection Act 1998, or

• Health Records and Information Privacy Act 2002 (for health information).

The agency will review your request and provide a determination.

If you are not satisfied, you can:

• request a notation be added to your record, and/or

• apply to NCAT for review.

Note: Amendments are no longer made under FOI. The Privacy Acts are now the correct pathway.

Q7. What protections exist for agencies and staff under the GIPA Act?

The GIPA Act provides protections where actions are taken in good faith, including:

• Protection from defamation or breach of confidence claims

• Protection from criminal liability

• Protection from personal liability for agency staff acting in accordance with the Act

These protections ensure agencies can make decisions and release information without undue risk when acting appropriately.

Q8. How much does a GIPA application cost?

Application fees are generally modest, and some agencies may waive them.

Approved application and processing fees (GST exempt) can be provided on request.