Access to information

The Government Information Public Access (GIPA) Act 2009 confers a legally enforceable right of access to information held by government agencies, subject to certain grounds for refusal. 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 GIPA Act 2009 also requires state government agencies to disclose contracts entered into with the private sector. The Act requires agencies to report details of contracts valued at $150,000 or more, provide additional information and publish results within 60 days.

The GIPA Act aims to maintain and advance a system of responsible and representative democratic government that is open, accountable, fair and effective. The object of the GIPA Act is to open government information to the public by:

• authorising and encouraging the proactive public release of government information by agencies, and
• giving members of the public an enforceable right to access government information, and
• providing that access to government information is restricted only when there is an overriding public interest against disclosure.

Under the GIPA Act there are four ways that government information will be released:

1. Mandatory release (Open access)

Roads and Maritime Services (RMS) is required to publish specific open access information on our website, free of charge. For example, these include a register of government contracts, policies and Publication Guide. The links to these matters are provided in the Related Links box on the right hand side of this page.

In accordance with Section 5 (3) of  the Government Information (Public Access) Amendment Regulation 2010 RMS advises that the total number of properties disposed of during the previous financial year (2009-2010) was 105 and the total value was $74,047,896.

It should be noted this data is different than what is reported in the Annual Report. The figures in the Annual Report relate to “sales”, i.e.  properties where contracts have exchanged in the given financial year and those properties that settle in the financial year without going through a formal contract process.

2. Proactive release 

In addition to the mandatory release of certain government information, RMS is authorised under section 7(1) of the GIPA Act to make any government information held by the agency publicly available unless there is an overriding public interest against public disclosure of the information.

At intervals of not more than 12 months RMS must review its program for the release of government information in accordance with section 7(3) of the GIPA Act.

3. Informal release 

RMS is also authorised to release government information held by it to a person in response to an informal request by the person unless there is an overriding public interest against public disclosure of the information under section 8 of the GIPA Act.

4. Formal access request 

RMS may release information in response to a formal access application.

A formal request for access to documents may be made by:

• Completing a Request for Access. These forms are available online, or at any Roads and Maritime Services office. You may also apply in writing supplying all the details required under section 41 of the GI PA Act. Section 41 provides for the application to:
  
  • be in writing
  • state that it is made under the Government Information (Public Access) Act 2009 (NSW)
  • have an Australian postal address for return correspondence
  • provide enough details to help the agency identify the information you want and
  • enclose the application fee of $30.
• Presenting the form or letter, the appropriate fee and, where necessary, identification to any Roads and Maritime Services 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, Government Information and Privacy Branch
Roads and Maritime Services
Locked Bag 928
North Sydney NSW 2059

Note: Roads and Maritime Services can refuse a request for information if there is an overriding public interest against disclosure or if searching for the requested information would require unreasonable and substantial diversion of the agency’s resources.

Any decision to withhold or release the documents is appealable by either the applicant or third parties (i.e. other parties involved in the documents).

Fees and charges

Basic fees and charges under the Government Information Public Access Act 2009 are:

* A 50 per cent reduction in processing fees may apply if the applicant suffers financial hardship or if there is deemed to be a special public benefit to the public generally. There is no 50 per cent reduction in the application fee, the applicant receives an extra hours processing before processing fees start.

Applications submitted before 1 July 2010 under Freedom Of  Information

The Freedom of Information Act (FOI Act) 1989 will continue to apply for applications for access to government documents made before 1 July 2010.

Agencies have 12 months from 1 July 2010 to deal with pre 1 July 2010 requests made under the FOI Act.

If you do not agree with Roads and Maritime Services’ determination of your request under the FOI Act you can lodge an Internal Review with Roads and Maritime Services.

The Request for review of determination form can be downloaded from the box below. 

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).