Freedom of information
OSR is committed to open and accountable public service and strongly supports the broadest possible access to information.
In NSW, 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
appeal against a decision not to grant access to information or to amend personal records.
All NSW Government agencies produce a Freedom of Information Statement of Affairs.
Read the NSW Treasury FOI Statement of Affairs for 30 June 2006.
How to make an application to OSR
Step 1. Decide exactly what information you need and who has it
Contact us if you are not sure what the document is called or what information you may need.
OSR can not process FOI applications for material held by other Government agencies. For example, OSR cannot give you access to documents held by a local council or another department of the NSW State Government.
OSR can not provide you with access to documents held by the NSW Treasury ministerial office. Requests should be made directly to the agency which holds them.
Step 2. Contact the agency concerned and ask for the information
If the material you seek is a public document, ask OSR for the information directly. If the material you seek relates to a personal or business file, then make a formal FOI request. OSR will normally be able to provide copies of non-personal and non-confidential information for free on request.
Step 3. Making a formal FOI application
Write your request on a Freedom of Information application enclose the application fee, and post or deliver it to OSR.
If you make a formal application, you'll need to pay the application fee. A processing fee may also be charged.
If you do make a formal application, but the request is straight forward and will not take too much time or resources, OSR may decide not to charge you a processing fee.
For example, if you are asking for access to your own letters to OSR, these can generally be made available to you without a formal Freedom of Information application if there is not too many and they are readily accessible. If there are numerous letters dating back several years and you only want a small number of them, you can always make an appointment to come in and look at your file and select the ones you want.
OSR deals with millions of documents each year. Many documents are placed in the NSW Government Archive after a set period of time to save space.
If OSR has to request information of a file to be retrieved from the Government Archive, it can add extra time to reply to your request.
Fees
| Nature of application | Fee | Processing charge |
|---|---|---|
Access to records by individuals about their personal affairs (this does not include companies organisations or businesses) | $30 | $30 per hour after first 20 hours |
All other requests | $30 | $30 per hour |
Internal Review | $40 | Nil |
Amendment of records | Free | Nil |
Rebates
A rebate of 50 per cent may be available on fees and charges for pensioners with a Health Benefit Card as well as people with an equivalent income who are under financial hardship. Not for profit organisations under financial hardship, children and cases where public interest can be demonstrated may also be eligible for a discount.
Refunds
Refunds can apply as a result of successful internal reviews and applications for the amendment of records.
Internal reviews
No application fees are charged for internal review for amending records.
Your rights under the Freedom of Information Act
The Freedom of Information Act 1989 (NSW), gives each member of the public a legally enforceable right (subject to certain restrictions, 'exemptions') to obtain access to documents held by State and local Government departments and authorities and State Ministers and to amend records concerning one's personal affairs.
The Act requires agencies to regularly publish statements of their affairs, their functions and the records they keep.
The term 'agency' means a State Government department, public authority or public office and includes local authorities, public hospitals and universities. A small number of agencies are not wholly subject to the Act.
The term 'document' is defined widely and can include material created from information held on computers, film, maps, video and audio tapes.
Agencies must decide as soon as practicable within 21 days, if access to an FOI request is to be granted, deferred or refused.
The Act specifies the only grounds for deferral and refusal. If no decision is made within that time, it may be interpreted as a refusal and a review or an appeal is possible.
Reviews may be conducted internally within the agency. External reviews through the Ombudsman's Office, the Administrative Decisions Tribunal and the Supreme Court may also be available.
Grounds for review and appeal include cases where access is refused or deferred, where material is deleted and where the applicant considers costs to be too high.
OSR is committed to open and accountable public service.
For more information on Freedom of Information, contact us.
OSR will always strive to provide individuals and businesses with convenient, quick and courteous access to any information held by the Department.
