Applying for RTA records using the Freedom of Information (FOI) Act

The Freedom of Information (FOI) Act 1989 confers a legally enforceable right of access to information held by government agencies, subject to certain exemptions.  The Act provides the main mechanism through which the public can apply to access Government-held documents, where those documents are not already made publicly available.

The Freedom of Information (FOI) Act 1989 also requires state government agencies to disclose contracts entered into with the private sector.  Recent amendments to the Act require agencies to report details of contracts valued at $150,000 or more, provide additional information and publish results within 60 days.  In addition, the amendment requires the publishing of contracts valued at more than $5 million as well as variations to contracts. This information is published on the Contracts Awarded page.

In NSW, the Act gives the public the legal right to:

• Obtain access to documents 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.
• Appeal against a decision not to grant access to information or to amend personal records.

A request for access to documents may be made by:

• Completing a Request for Access (FOI/Privacy application form). These forms are available online, or at any RTA office.  You may also apply in writing supplying all the details required under the Act.
• Presenting the form or letter, the appropriate fee and, where necessary, identification to any RTA office or motor registry.  If you wish to submit your application by mail, post it, together with the appropriate fee, where required,  to the:

Manager, Records Access Unit
RTA
Locked Bag 928,
North Sydney NSW 2059.

• There are six RTA regions in NSW and each one has an FOI/Privacy liaison officer to handle your applications or enquiries.

FOI fees and charges

Basic fees and charges under the Freedom of Information Act are listed below:

*   50% fee reduction available if: under 18 years of age; financial hardship or public interest.
*   No GST on FOI fees. Until further notice GST is payable on Privacy fees.

Regional FOI Liaison Office locations

Below is a list of location and contact details for the RTA FOI Co-ordinator and RTA Regional FOI Liaison Offices. Enquiries should be directed to your RTA Regional FOI Liaison Officer.

If you don't know which RTA region you live in, contact your local RTA motor registry or RTA Contact Centre .

Questions about the FOI process

What is the difference between asking for documents under the Privacy Acts and the Freedom of Information (FOI) Act?

Generally you can ask for you own documents under any of the Acts.  However, under Privacy you can only appeal to the NSW Administrative Decisions Tribunal if you do not agree with the decision given to you.

If you want someone else’s documents, you need to apply under the FOI Act.  In these cases, you have the added appeal mechanisms of an Internal Review or the NSW Ombudsman.

How much will it cost me to make an application?

FOI fees and charges (GST exempt)

* A 50% reduction in fees may apply if the applicant is under 18 years of age, suffers financial hardship, is a non-profit organisation or applies for public interest reasons.

Privacy fees (GST included)

* A 50% reduction in fees may apply if the applicant is under 18 years of age, suffers financial hardship, is a non-profit organisation or applies for public interest reasons.

What does the RTA do if someone wants access to my records?

The RTA 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 affairs is unreasonable.

What do I do if I do not agree with the RTA’s determination?

You can lodge an Internal Review with the RTA.  If you are still not satisfied you can then appeal to the NSW Ombudsman ((02)9286-1000) and/or to the NSW Administrative Decisions Tribunal ((02) 9223 4677).

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

You can contact the RTA and request an amendment to records under the FOI Act.  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 lodge an Internal Review and then, if you are still not satisfied, you can appeal to the NSW Administrative Decisions Tribunal.

Where can I go if I have other questions about FOI or my rights?

You can contact the RTA (foi@rta.nsw.gov.au).