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The Government Information (Public Access) Act 2009

From the 1 July 2010, the Government Information (Public Access) Act 2009 (GIPAA) 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 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.
• Giving members of the public an enforceable right to access government information (providing that access to government information is restricted only when there is an overriding public interest against disclosure).
• Conferring a legally enforceable right of access to information held by government agencies, subject to certain grounds for refusal.
• Requiring 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.)

More information about the GIPA Act 2009 and access to government held information is available on the NSW Information Commissioner’s website.

How do I access State Property Authority information?

The State Property Authority already provides access to information via our web site. This information is updated from time to time.

You may search for open access information online to find whether the information you are seeking is already available.

The State Property Authority also proactively releases information. If you cannot find the information you are looking for on this website, you can contact the person below to ask if the information you are after has been released by the State Property Authority, either on this website or in another form.

Some information held by the State Property Authority may be accessible upon payment of a fee. If that is the case, you will be advised.

Open access information

TABLED DOCUMENTS

State Property Authority annual reports that have been tabled in Parliament are available online.

• State Property Authority annual reports 

Please contact us if you require a hard copy of the documents listed.

DISCLOSURE LOG

A disclosure log is a record of information that the State Property Authority has released under the GIPA Act 2009, often in response to a specific request from an individual or organisation that the State Property Authority thinks will also be of interest to other members of the public.

The disclosure logs set out the date the decision was made to release the information; a description of the information released; and details about whether that information is currently available and how it can be accessed.

Disclosure logs are continuously updated as additional information is released under the GIPA Act 2009.

The State Property Authority Disclosure Log will soon be available on this site.

REGISTER OF GOVERNMENT CONTRACTS

All contracts over $150,000 that the State Property Authority enters with the private sector must be recorded in the register of government contracts, which is published on theNSW Government tenders website.

Details must to be entered in the register within 60 days of the contract coming into effect.

Details must remain on the register for 30 days, or until the contract is complete, whichever is longer.

The NSW Government tenders website must also provide details of current tender opportunities in accordance with Premiers Memorandum 2007-01.

Informal release

If the information you are after has not already been published by the State Property Authority and there is no public interest reason why it should be kept confidential, then the Authority may be able to release the information without the requirements of a formal release request.

If you think this applies to the information you are after you can contact the person below to make an informal request.

Under the Government Information (Public Access) Act, however, government agencies are not required to release information without an access application.
The State Property Authority, therefore, reserves the right to require you to lodge a formal access application, particularly if there may be significant public interest considerations that need to be taken into account in deciding whether the information can be released, or if you request a large volume of information, or if it would otherwise take a significant amount of time to consider your request.

Formal release

Information may also be released in response to a formal access application.

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

• Completing a Access application (PDF 76KB).  The form is available online, or a copy may be requested by contacting the person below.
• You may also apply in writing, supplying all the details required under section 41 of the GIPA Act. Section 41 provides for the application to:
  
• • be in writing
  • state that it is made under the Government Information (Public Access) Act 2009
  • have an Australian postal address for return correspondence
  • provide enough details to help the agency identify the information you want
  • enclose the application fee of $30.

The written request or form may be lodged at the State Property Authority office or sent  by post together with the appropriate fee, if required, to the:

The Government Information Coordinator
State Property Authority
Level 9, Bligh House
4-6 Bligh Street
SYDNEY NSW  2000

GPO Box 5341, Sydney 2001

Note: A request for information may be refused if there is an overriding public interest against disclosure or if searching for the requested information would require unreasonable and substantial diversion of the State Property Authority’s resources.

Any decision to withhold or release the documents is appealable by either the applicant or third parties (such as other parties referenced in the documents).

FEES AND CHARGES

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

Processing Charge

* 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, but the applicant receives an extra hour’s processing before processing fees start.

If you do not agree with the determination of your request under the Government Information (Public Access) Act 2009 you have the right to request a review of the agency’s decision. You may apply for an internal review by the agency you can ask for a review by the Information Commissioner. Full details of your rights of review are provided in the Your review rights under the GIPA Act fact sheet.

Further information

The Government Information Coordinator
State Property Authority
Level 9, Bligh House
4-6 Bligh Street
SYDNEY NSW  2000

GPO Box 5341, Sydney 2001
Telephone: (02) 9273 3940
Facsimile: (02) 9273 3911
Email: maryjane.maliphant@spa.nsw.gov.au

Telephone inquiries may be made between the hours of 9:00 am and 5:00 pm, Monday to Friday.