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What is GIPAA?

Government Information (Public Access) Act 2009 ('GIPAA') replaced the Freedom of Information Act 1989 (NSW) on 1 July 2010.

GIPAA was established to provide an open and transparent process for giving the public access to information from New South Wales (NSW) public sector agencies and to encourage the proactive public release of government information.  As a Statutory State-owned Corporation, Port Authority of New South Wales is required to meet the requirements of the Act.

The Act facilitates access to information by:

  • making it necessary for agencies to make certain information publicly available
  • authorising agencies to proactively release other information to the community
  • authorising agencies to release their information in response to informal access requests
  • giving the public a legally enforceable right to access government information through making a access application, unless there is an overriding public interest against doing so.

More information on GIPAA, including Fact Sheets, can be found on the Information & Privacy Commission website here.

Government Information (Public Access) Act 2009 NSW (GIPA)

The object of the Government Information (Public Access) Act 2009 is (as noted in s3.1):

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

a) authorising and encouraging the proactive public release of government information by agencies, and

b) giving members of the public an enforceable right to access government information, and

c) providing that access to government information is restricted only when there is an overriding public interest against disclosure.

GIPAA provides for the release of certain information held by government departments and agencies to the public.  These categories of information, and how they may be accessed is provided in the sections below.

In addition, Port Authority of New South Wales already has a broad range of information that may be of interest to members of the public on this website which can be easily located by conducting a search of this site.

 

Mandatory release

GIPAA requires that Port Authority release the following information on its website: 

  • information about Port Authority contained in any document tabled in Parliament, other than any document tabled by order of either House of Parliament
  • policy documents that affect or are likely to affect the rights or obligations of the public
  • a disclosure log of access applications
  • a record of the mandatory release information (if any) that Port Authority does not make publicly available on the basis of an overriding public interest against disclosure
  • a register of contracts with third parties that are subject to the provisions of this Act
  • an Agency Information Guide

All Port Authority’s Mandatory Release information is published in the appropriate section of this website. If you are unable to locate any of the information listed above, please contact us at access2info@portauthoritynsw.com.au.

 

Informal requests

Any person may make a request for information through the Port Authority general enquiries email address:

access2info@portauthoritynsw.com.au
Please note that any personal information provided to us will be (i) collected for the purpose of facilitating your request, and (ii) handled in accordance with Port Authority’s Privacy Statement.

Port Authority will assess the request and a decision will be made whether to provide the requested information. Informal requests are governed by the provisions of s8 of the Government Information (Public Access) Act.

If information is not provided in response to an Informal Request, applicants have the right to make a formal GIPAA Application.

 

GIPAA Access Application

You can make a formal application for information held by Port Authority under the Government Information (Public Access) Act 2009. This type of application can be made by any member of the public.

A $30 application fee is payable at the time of the lodgment of the application.

As required by GIPAA, Port Authority of New South Wales will review all applications received and will:

  • acknowledge your application within 5 days of your application being determined as valid;
  • within 20 days working decide whether the information requested is held by Port Authority of New South Wales and if part or all of the information will be made available to you (Note: this may be extended to 30 days should third-party consultation be needed or archives be required).

To make an application, please either

a) complete the Access Application Form and send it with a cheque or money order for $30.00 to:

Port Authority of New South Wales
Attn: Right to Information Officer
PO Box 25
Millers Point, NSW 2000

b) pay the application fee by EFT (see form) and email the form to access2info@portauthoritynsw.com.au.

Where can I access further information about the GIPA act?

For further details on any matter related to the Government Information (Public Access) Act 2009 (NSW), please contact Port Authority of New South Wales by email at access2info@portauthoritynsw.com.au or write to:

Port Authority of New South Wales
Attention: GIPA
PO Box 25
Millers Point NSW 2000

Many additional resources related to GIPAA are provided by the Information and Privacy Commission or by telephone in business hours at 1800 472 679.

The full Act can be viewed here.