Obtaining information from DECC
A lot of DECC information is publicly available free of charge and also for inspection or purchase. If the information you need is not publicly available, you can apply for it under the Freedom of Information Act 1989 (FOI Act). If you are after information or documents concerning your personal affairs, you can apply for it under the Privacy and Personal Information Protection Act 1998. Fees and charges apply. They cover some of the cost of searching for the documents, considering whether exemptions apply, copying the information and sending it to you.
Freedom of information (FOI)
The Freedom of Information Act (FOI Act) gives you the right to:
- access documents held by NSW government agencies, ministers, local government and other public bodies
- request amendments to inaccurate records that relate to you personally
- appeal against a decision not to give you access to documents or to amend personal documents.
Documents you can obtain through FOI
How to apply for documents
How will your application be processed
Advance deposits
Is any information not available under FOI
On what other grounds could DECC refuse to give you information
What if your FOI information is unsuccessful
Documents you can obtain through FOI
You can request access to personal and non-personal documents under the FOI Act.
Non-personal documents are documents that do not directly relate to you, including government policy documents, research materials, instruction and procedure manuals, and market research and product testing records. In addition to paper documents, information can be in the form of certificates, files, computer printouts, maps, films, photographs, tape recordings and video recordings.
Personal documents relate to you personally. Examples include documents that contain your financial, medical, educational and other personal information. You can also obtain this kind of information through the Privacy and Personal Information Protection Act 1998. Contact a DECC FOI/Privacy Officer for more information.
How to apply for documents
- Consider what documents you would like. Would DECC hold the documents that you want?
- Contact a DECC FOI/Privacy Officer if you would like help with your application.
- Submit your request on an FOI application form (PDF 100KB, requires Acrobat Reader) or through a letter. Give as much information as possible about the documents you want and be as specific as possible. This will keep the cost of your application down.
- Enclose the $30 application fee by cheque or money order. Please do not send cash. This fee covers the first hour of processing time. Each additional hour of processing costs a further $30 (unless you have requested access to your own personal information, in which case the first 20 hours are free). We may reduce the fees by half in cases of proven financial hardship, to pensioners, children, a non-profit organisation under financial hardship, or where you can show that release of the documents is in the public interest. You will need to provide supporting evidence.
- Post or hand-deliver your application to the FOI/Privacy Officer.
How will your application be processed?
We will try to deal with your request as soon as possible and within 21 days of receiving your application. If we need to consult people or businesses whose documents are covered by your application, the 21-day period will be extended by 14 days.
Advance deposits
We may request an advance deposit if it would involve a substantial commitment of resources and significant costs to process your application. You will be given 28 days to pay an advance deposit. The 21 days allowed for DECC to finalise your FOI application does not include the time waiting for an advance deposit to be paid.
Is any information not available under FOI?
We will try to make documents available wherever possible. However, you may not be able to obtain documents that are exempt under the FOI Act, such as confidential information, material that may breach another person's privacy or material that could unreasonably affect the affairs of a business. The FOI Act sets out the sort of information that should not be released. We will let you know the reasons for exempting a document or part of a document.
On what other grounds could DECC refuse to give you information?
We can refuse an FOI application if:
- processing your request would unreasonably divert our staff from their normal functions. If that is the case, we will help you refine your application so that we can process it
- if you don't pay an advance deposit that we may ask for
- the documents you ask for are publicly available.
What if your FOI application is unsuccessful?
You can have your application reviewed by DECC, ask the Ombudsman for help, or take your case to the Administrative Decisions Tribunal.
Your first step: an internal review
If you are unhappy with our decision, you can seek an internal review. An internal review is conducted by someone senior to the person who made the decision. They will review the decision and decide if it is correct. You can request an internal review if:
- you have been refused access to a document or a part of a document
- you have been refused a request to amend a personal document
- you believe that you have been charged too much
- you have been given access to a document but access has been deferred.
If someone else has requested access to a document that relates to your business or personal affairs, you can also ask for an internal review:
- if you have not been consulted about giving access to the document
- you have been consulted, but disagree with a decision to release a document.
You must apply for an internal review within 28 days of our decision. To apply, fill out an internal review application form (PDF 100KB, requires Acrobat Reader).
Enclose the $40 application fee by cheque or money order. Please do not send cash. No other fees are involved. The internal review fee may be refunded if the original decision is significantly altered. We should make a decision within 14 days of receiving an internal review request.
If you have lodged an internal review application and are unhappy with the result, the NSW Ombudsman's Office may be able to help. The Ombudsman may become involved on your behalf where, for example, DECC:
- takes an unreasonable time to process your FOI request
- imposes an unreasonable charge for access to information
- refuses to give you access to information that you have a right to see.
The Ombudsman's Office can investigate your complaint and make recommendations. Telephone the Ombudsman's Office on (02) 9286 1000 for more details.
The Administrative Decisions Tribunal
If you wish to pursue the matter further, you can take your appeal to the NSW Administrative Decisions Tribunal.