Frequently asked questions

What does Roads and Maritime Services do if someone wants access to my records?

Roads and Maritime Services (replacing Roads and Traffic Authority) will consult you and give you the opportunity to object to the release. You will be required to prove the release of information relating to your personal information should be refused on the grounds it is against the public interest.

Will Roads and Maritime Services release information about my business?

Roads and Maritime Services may release information about your business in response to an access application, however, the decision will be subject to the public interest test.

If an access application covers your business information, Roads and Maritime Services must consult you to see whether or not you object to the information being released. Your objection must relate to one or more of the five public interest considerations against disclosure set out in the Act.

If the agency decides that, on balance, the public interests against disclosure outweigh those for disclosure, then they will not release the information.

What are the public interests in favour of releasing information?

There is no limit to the matters Roads and Maritime Services may take into account in favour of releasing information. Section 12 of the GIPA Act gives examples of public interest considerations in favour of the disclosure of information, namely, where the 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;
  • 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;
  • could reasonably be expected to ensure effective oversight of the expenditure of public funds;
  • 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;
  • relates to information which is personal information of the person to whom it is to be disclosed.

What are the public interests against releasing information?

The GIPA Act outlines categories of government information in respect of which it is to be conclusively presumed that there is an overriding public interest against the disclosure of that information. These are outlined in Schedule 1.

Furthermore, under the GIPA Act, the only other considerations that may be taken into account as pubic interest considerations against disclosure are listed in the Table under section 14. They include:

  • Responsible and effective government
  • Law enforcement and security
  • Individual rights, judicial processes and natural justice
  • Business interests of agencies or other persons
  • Environment, economy and general matters
  • Secrecy provisions
  • Exempt documents under interstate FOI legislation

What do I do if I do not agree with a Roads and Maritime Services decision?

If you are a third party, you can lodge an Internal Review with Roads and Maritime Services If you are still not satisfied you can then appeal to the NSW Information Commissioner (1800 194 210) and/or to the NSW Administrative Decisions Tribunal ((02) 9223 4677).

If you are an applicant you can lodge an Internal Review or proceed straight to the NSW Information Commissioner or the ADT.

What can I do if I think my personal Roads and Maritime Services or RTA records records are incomplete, incorrect, out of date or misleading?

You can contact Roads and Maritime Services (replacing Roads and Traffic Authority) and request an amendment to records under the Privacy and Personal Information Protection Act 1998. The matter will be investigated and you will be provided with a determination. If you are not satisfied, you can ask for a notation to be placed on the records setting out your views and/or you can appeal to the NSW Administrative Decisions Tribunal.

What are the protections under the GIPA Act?

There are a range of protections under the GIPA Act:

  • There is no action for defamation or breach of confidence when a decision to disclose information is made in good faith.
  • No criminal action will be taken when a decision is made or information disclosed in good faith.
  • No action for personal liability is available in relation to any action by an agency, or an officer of an agency, where the action was done in good faith for the purposes of executing the Act.

Where can I go if I have other questions about the GIPA Act or my rights?

You can contact Roads and Maritime Services (replacing Roads and Traffic Authority):

You can contact the Office of the Information Commissioner: