Who can make a formal application for information?
Any person can make a formal application for access to information held by an agency. This should be the last resort, after the informal avenues have been tried.
How do I make a formal application for information? How much does it cost?
A valid formal application for access to government information must:
You may wish to use SWSLHD’s application form when writing your application for information under GIPAA.
Applicants may be entitled to a 50 per cent reduction of processing charges on financial hardship grounds, or if the information requested is of special benefit to the public generally.
You may be asked to pay a processing charge. Processing costs $30 per hour and covers time needed to deal efficiently with the application.
Agencies may ask an applicant to pay up to 50 per cent of the expected processing charge in advance. This request must be in writing and the applicant must be given at least four weeks to pay.
If you seek access to your own personal information, the first 20 hours of processing time are free of charge.
What do I do if I can’t afford to pay the fees?
You can apply for a 50 per cent reduction in processing costs on the grounds of financial hardship, or ask for a waiver of the fee if the information will be of special benefit to the public generally.
How will SWSLHD process my application?
SWSLHD has up to five days from the day it receives your application to consider it and let you know whether or not it is valid.
If your access application is valid, SWSLHD will take steps to see if it has the information you want. SWSLHD may need to consult other people, businesses or government bodies to find the information.
When the Local Health District has finished consulting, it must provide you with the information unless there is an overriding public interest against disclosure (public interest test) or the information is excluded.
If the Local Health District decides your application is not valid it must tell you why. SWSLHD must provide you with reasonable assistance to make a valid application.
How long will my application take?
You must be notified of the decision on your application within 20 working days, unless you agree to extend the time.
SWSLHD may also extend the time by 10-15 working days where consultation with a third party is required or if it needs to retrieve records from archives.
If access is deferred by the Local Health District, it must notify you and include the reason for deferral and the date on which you will be given access. A decision to defer access is reviewable (review rights).
If SWSLHD does not decide your access application within 20 working days, it is considered “refused”. Your application fee must be refunded and you may seek internal or external review (review rights) of this refusal.
This will not apply if an extension of time has been arranged or payment of an advance deposit is pending.
Is any government information excluded?
The Government Information (Public Access) Act 2009 (NSW) provides a list of excluded information that, in the public interest, must not be disclosed. The list includes information that is required to be kept restricted under witness protection legislation, information about the identity of jurors, and details on the child protection offenders register.
Can SWSLHD refuse my request for information? What are my review rights?
SWSLHD can refuse your request if:
You have three options if you have been refused access to information:
Will other people have access to the information released to me?
If you receive information after making a formal application, and SWSLHD believes that information may of interest to other members of the public, SWSLHD ordinarily records it on the disclosure log which is made available on the agency’s website.
The disclosure log describes the information that was provided to the applicant and, if it is available to other members of the public, how they can access it.
You can object to information being included in the disclosure log if it includes personal information about you or about a deceased person that you personally represent; the information concerns your business, commercial, professional, or financial interests or research undertaken.
What happens if someone makes repeated applications for the same information?
If a person has made at least three access applications within two years that lack merit, the ADT may order that the person must get the ADT’s approval before making another access application.
If a person is subject to such a restraint order, they cannot apply to the ADT for approval to make an access application without first serving notice on the agency concerned and the Information Commissioner.
