Under the new Government Information (Public Access) Act 2009, freedom of information requests will become Formal Access Requests (FARs) subject to new rules and requirements.
The spirit or intention of the GIPA Act is that there is an overriding presumption in favour of government information being released. Where previously under FOI there were some exemptions that required a public interest test – now Roads and Maritime Services must conduct a public interest test on every claim for refusal. And the reasons for our decisions must be clearly set out in our determination letter.
Information must be disclosed under the Act unless there is an 'overriding public interest' against disclosure. Section 12 of the GIPA Act gives examples of public interest considerations in favour, for example, where the information could reasonably be expected to promote open discussion of public affairs.
Section 14 of the GIPA Act lists the public interest considerations against disclosure such as 'business interests of agencies or other persons'. Schedule 1 of the GIPA Act outlines categories of government information where there is a "conclusive public interest" against disclosure, for example, 'legal professional privilege'.
A member of the public requesting information through the formal process must prepare a written application and pay a $30 fee.
Roads and Maritime Services has 20 working days to make a decision and notify the applicant. The decision period can be extended up to 15 working days provided there are reasons - for example consultation with another person, business or agency. The decision period can also be extended by agreement with the applicant. Failure to reach a decision within the allotted time frame will result in a full refund of the application fee and any processing fees to the applicant.
Most decisions made by Roads and Maritime Services regarding a formal access application can be reviewed (See section 80 of the Act). Three channels available to the applicant are:
- Internal review.
- Review by the NSW Information Commissioner.
- Review by the Administrative Decisions Tribunal.
Enquiries or requests for information should be directed to your Roads and Maritime Services Regional GIPA Liaison Officer.