Office of the Board of Studies – Freedom of Information
Guidelines
Guidelines on applying for Freedom of Information in New South Wales.
What is Freedom of Information?
In New South Wales, 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.
What sort of information can I ask for?
You can ask for any kind of personal or non-personal information. Personal information includes your public education and school records, health, welfare and superannuation records, and examination and training records. Non-personal information includes government policy documents, research materials, instruction and procedure manuals, and market research and product testing records. Information can be in the form of certificates, files, computer printouts, maps, films, photographs, tape recordings and video recordings.
Is any information not available?
Under the Freedom of Information Act 1989, wherever possible, agencies are required to make information available. You may be denied right of access to information only where, for example, there is a legitimate need for confidentiality or where another person's privacy may be invaded. This information is called 'exempt' and includes:
- State Government cabinet and executive council documents (with the exception of those that are factual or statistical and do not disclose cabinet or executive council deliberations or decisions)
- documents which are exempt under Commonwealth or other States' Freedom of Information legislation
- documents concerning law enforcement and public safety
- documents subject to legal professional privilege
- documents subject to secrecy provisions in other legislation.
- personal affairs of another person
- business affairs of another person or business
- the economy of the State.
The Premier of New South Wales, as the minister responsible for Freedom of Information, has the right to issue a Ministerial Certificate stating that a specific document is exempt and restricted.
How do I request information?
Every day government and other public bodies respond to requests
for general information from the public. This process will still
be your first avenue of access to the information you wish to see.
To make an Freedom of Information request, however, take the following
steps:
- Identify the information or document that you would like to see.
- Identify which agency or organisation is likely to keep that information. If you are unsure about the agency concerned, contact the agency's Freedom of Information officer or the Government Information Service. Remember, there is separate Freedom of Information legislation for other States and for the Federal Government (Commonwealth). New South Wales State Government legislation does not cover agencies in other States or Commonwealth agencies.
- Write your request on a Freedom of Information application form (available from all Government agencies) or in a letter and post or deliver it to the agency concerned.
- Provide as much information as possible about the document you wish to see, such as file reference numbers.
- Enclose the $30 fee for your application.
What will the agency do when it receives my request?
All agencies and organisations covered by Freedom of Information legislation have a responsibility to deal with your request as soon as possible. You will be contacted if any difficulties arise. They must advise you in writing within 21 days that the information is available, or if your request has been deferred or refused. This period may be extended by a further 14 days if special circumstances apply, such as the need to consult with a third party.
How will I receive the information that I have requested?
If the information you request is in written form, the agency can let you know when and where you can see the document or provide you with a copy. If you have asked for access to information that is not in written form, such as video tapes, sound recordings or photographs, arrangements will be made for you to hear or view the material.
How much will it cost me to make a request for information?
Charges fall into two categories – application fees and processing fees.
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Application fees |
A $30 fee covers applications for both personal and non-personal information. |
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Processing fees |
Processing fees cover time for locating the information, decision-making, consultation where necessary and any photocopying. A fee of $30 an hour covers processing for both personal and non-personal information. However, you are entitled to up to 20 hours of free processing time for a request about your personal affairs. There is no upper limit on fees. |
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Rebates |
Rebates of 50 percent are offered on all charges:
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Can an agency refuse to give me the information I request?
Yes. A request for information may be refused:
- if the document is exempt
- if it would unreasonably divert the agency's resources from its normal functions. (However, before refusing a request, the agency must offer to help to amend the application so that work may be carried out without disruption)
- if an agency believes you may be seriously affected by personally accessing information relating to your physical or mental health. (You can ask for your medical doctor to look at the information and tell you about it.)
- if the agency fails to advise you of the result of your application within the allowable time period. In that case you can consider your application for access has been refused.
If your request is deferred or refused, you must be advised of the reasons. You have a right to appeal against most of these decisions. (See ‘Reviews and Appeals’ for further information).
Correction of information under the Freedom of Information Act 1989
Can I correct inaccurate documents about me?
Yes, if you believe any information about you is incomplete, incorrect, misleading, or out of date, you have the right to request that it be corrected.
How do I ask for correction of documents about me?
Applications for correction to a document should be made using a Freedom of Information amendment request form, or in a letter. If you have any information to support your request, include this with your application. Post or deliver your application to the agency or organisation that gave you access to your file or documents. Ensure that your address is included for correspondence.
What will the agency do when it receives my request for correction?
You must be advised of an agency decision on your request as soon as possible and within 21 days. If your request is refused, reasons must be given. You will be advised of the agency's findings and your rights to appeal against the decision. (See 'Reviews and Appeals' for further details). If the agency refuses to amend your records, you may ask that a note is attached outlining the details of your requested corrections.
What will it cost to ask for correction of documents about me?
Once you have received documents under Freedom of Information, there is no charge to have your personal information in them amended. Where there is significant correction of personal records and the mistakes were not your fault, all fees and charges paid for the original application will be fully refunded.
What other responsibilities do agencies and organisations covered by Freedom of Information legislation have?
All agencies are required to publish information about their operations called a 'Statement of Affairs'. These statements will include details on:
- agency structures and functions
- how its operations affect the public
- how members of the public can participate in formulation of its policies
- descriptions of all policy documents held by the agency
- an outline of the procedures for gaining access to those documents. A regularly updated 'Summary of Affairs' must also be published in the Government Gazette.
The Statement of Affairs of the Board and its Office are included in the Board and Office's Annual Reports which are also available on this website.
Reviews and Appeals
What is an internal review?
If you are unhappy with a decision made by an agency on your Freedom of Information request, you are entitled to ask for an internal review by that agency within 28 days of being advised of the agency's determination.
You may do this if:
- you have been refused access to a document
- you have been refused access to part of a document
- you have been refused a request to amend a personal document
- you believe you have been charged too much
- you have been given access to a document but access has been deferred
- you are a third party specified in the documents but have not been consulted about giving access to another person
- you have been consulted, but disagree with a decision to release the documents.
An internal review is not available on requests for access to, or amendment of, a minister's records.
How do I ask for an internal review?
Applications for internal review should be made using a Freedom of Information review form or in a letter. Enclose the $40 application fee.
What will happen with my request for a review?
Someone other than and generally senior to the person who made the original decision on your Freedom of Information application will look at your review application. Within 14 days you will be advised on the outcome of the review.
What will it cost me to ask for a review?
Your review application fee will be $40 but there are no processing charges. In addition, your application fee may be refunded if the original decision is significantly altered. If you have received a reduction on your original application, the application fee for an internal review will be only $20.
Can the Ombudsman assist me?
If you have already sought an internal review and are unhappy with the results, the New South Wales State Ombudsman can intervene on your behalf where, for example, an agency:
- takes an unreasonable time to process your Freedom of Information request
- imposes an unreasonable charge for access to information
- refuses to give you access to information that is not exempt.
Although the Ombudsman is able to investigate your complaint, the Ombudsman cannot change or reverse a decision.
The Ombudsman can recommend that:
- it is in the public interest to give access to a document which has been refused as exempt
- the decision of an agency be reconsidered
- action be taken to change the agency's conduct
- reasons be given for a decision
- the law or practice be changed.
The Ombudsman cannot deal with matters:
- which are before the Administrative Decisions Tribunal
- where the information has been made exempt by a Ministerial Certificate
- where a request has been made for access to, or amendment of, a minister's records
- where the applicant has complained to the Ombudsman under the Ombudsman Act 1974 about an agency and the Ombudsman has previously examined the information in relation to that investigation
- where the Ombudsman has made a decision under the Freedom of Information Act.
No fees are payable for a review by the Ombudsman.
When should I appeal to the Administrative Decisions Tribunal?
If you wish to pursue the matter further, you are entitled to take your appeal to the Administrative Decisions Tribunal in New South Wales. You must lodge your appeal within 60 days of the agency's decision on your request for internal review or within 60 days of being advised of the Ombudsman's decision.
The Administrative Decisions Tribunal may:
- confirm the agency or minister's original decision
- disallow that decision and make another in its place
- pass the matter back to the agency or minister to be dealt with as directed by the Tribunal.
The Administrative Decisions Tribunal does not have the power to determine that access can be given to an exempt document.
Will it cost me anything to appeal to the Administrative Decisions Tribunal?
You may be required to meet the legal costs involved in taking your appeal to the Administrative Decisions Tribunal. Legal Aid may be available for Freedom of Information appeals in some circumstances. Check with the Legal aid Commission as to whether or not you qualify for legal aid before you incur any legal expenses.
Role of Supreme Court
The 1992 amendments to the Freedom of Information Act provide that the Supreme Court rather than the Administrative Decisions Tribunal will review determinations in relation to documents that are the subject of a Ministerial Certificate.
Who can help me with more information or if I have any problems understanding Freedom of Information?
Most government agencies have a Freedom of Information Officer who can help you with your queries.
If you want to make an application for Freedom of Information to the Office of the Board of Studies click here to read information on making a Freedom of Information application to the Office of the Board of Studies.
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