Legal Services Branch - Attorney General's Department of NSW
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Freedom of Information Act 1989 Guidelines

Looking for Information under FOI legislation?


    Contact the relevant Government Agency and ask for the information you want.

    Generally, in New South Wales, the Freedom of Information Act 1989 gives you the legal right to:

    · Obtain access to information held as records by State Government Agencies, a Government Minister, local government and other public bodies;
    · Request amendments to records of a personal nature that are inaccurate; and
    · Appeal against a decision not to grant access to information or to amend personal records.

    Which Agency has the information I want?
    · Do a word search in the NSW Government Home Page.
    · If you are still not sure which agency to contact you can phone:
    · the Government Information Service on Tel: (02) 9743 7200 or Toll Free 1800 463 955 Fax: (02) 9743 7124
    · the FOI Hotline on Tel: (02) 9228 4441 or Fax: (02) 9228 4421

    Who is required to give you information under Freedom of Information?

    Agencies and public bodies that must give you information include:
    · Government departments and authorities
    · State boards and commissions
    · Government Ministers
    · Local and municipal councils
    · Country councils
    · Universities
    · Public hospitals
    · Regulatory bodies, for example: the Harness Racing Authority

    Under the Freedom of Information Act 1989, wherever possible, agencies are required to make information available. You may be denied right of access to information only where, for example, there is a legitimate need for confidentiality or where another person’s privacy may be invaded. Every day Government and other public bodies respond to requests for general information from the public. A request for information should be your first avenue of access to the material you wish to see.

    How do you make a Freedom of Information request?
    1. Identify the information or document that you would like to see;
    2. Identify which agency or organisation is likely to keep that information. If you are unsure about the agency concerned, contact the agency’s Freedom of Information officer or the Government Information Service. Remember, there is separate Freedom of Information legislation for other States and for the Federal Government (Commonwealth). New South Wales State Government legislation does not cover agencies in other States or Commonwealth agencies;
    3. Write your request on a Freedom of Information application form (available from all Government agencies) or in a letter and post or deliver it to the agency concerned;
    4. Provide as much information as possible about the document you wish to see, such as file reference numbers; and
    5. Enclose the $30 fee with your application. Please note that rebates of 50% may be available on fees and charges. Those eligible are:

            * pensioners with the Health Benefit Card

            * applicants with a low income (equivalent to a pension) and who are under financial hardship;

            * non-profit organisations under financial hardship;

            * where public interest can be demonstrated; and

            * children


    All agencies and organisations covered by Freedom of Information legislation have a responsibility to deal with your request as soon as possible within the statutory timeframe.

    The Freedom of Information Act 1989 is administered by the Premier of NSW. If you require further information on the operation of the Act, it can be obtained from the NSW Premier's Department.

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Last updated: 12 November 2008
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