GOVERNMENT INFORMATION
(PUBLIC ACCESS)
On 1 July 2010, the Government Information (Public Access) Act 2009
(GIPA Act) commences replacing the Freedom of Information Act 1989
(FOI).
This new legislation is different to the old FOI legislation as it
encourages the proactive release of government information on agency
websites unless there is an overriding public interest against
disclosure, for example, someone’s personal details. This new
legislation is designed to:
- promote open discussion of public affairs
- enhance Illawarra Venue Authority’s (IVA) accountability
- contribute to positive and informed debate on issues of public
importance
- inform the public about the operations of IVA and in particular, their
policies and practices for dealing with members of the public
- ensure effective oversight of the expenditure of public funds
To read more about the Government Information (Public Access) Act 2009
(GIPA Act)
click here
The Office of the Information Commissioner has been established to
promote public awareness and understanding of the new right to
information Act. In addition, they provide:
- information
- support
- advice
- assistance and,
- training to agencies and the general public.
The Information Commissioner also monitors government agencies’
compliance with the Government Information (Public Access) Act 2009. For
more information about the Office of the Information Commissioner visit
their website at www.oic.nsw.gov.au.
If you are unable to find the information you are seeking on our website
then contact our Right to Information officer by email, phone or formal
application.
Right to Information Officer
Illawarra Venues Authority
PO Box 3100
Wollongong NSW 2520
(P) 02 4220 2800
(E)
info@wec.org.au
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The introduction of the Government Information (Public Access) Act
2009 (GIPA Act) means easier access to government information. To access
information from IVA you should first visit our website to see if the
information is already available.
Please note some information cannot be disclosed under the new GIPA Act.
See Excluded Information for a full list of the type of government
information that cannot be released.
If you are unable to find the information you are seeking on our website
then contact our Right to Information officer by email, phone or formal
application.
Right to Information Officer
Illawarra Venues Authority
PO Box 3100
Wollongong NSW 2520
(P) 024220 2800
(E) info@wec.org.au
The Right to Information officer will decide whether the information you
are seeking:
- Is open access information that is readily available and if so, how
you can get it
- Should be made available as part of our ‘proactive’ release under the
new GIPA Act
- Can be disclosed through ‘informal release’ of information. (This is
only possible where no third party is involved.)
- Requires an application form to be submitted. Go to the quick links to
download an application form
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To access information held by or about Illawarra Venues Authority you
should visit our website to see if the information is already available.
If you cannot find the information you are seeking then phone, email or
write to the Right to Information Officer:
Right to Information Officer
Illawarra Venues Authority
PO Box 3100
Wollongong NSW 2520
(P) 02 4220 2800
(E) info@wec.org.au
Processing time and charges
Fees and charges under the Government Information (Public Access) Act
2009 (GIPA ACT) are the same as those that have applied to Freedom of
Information (FOI) applications since 1989. However, in the first
instance, try to find the information via our website or by contacting
the Right to Information Officer.
The formal application fee is $30. The fee covers the first hour of
processing time and must be paid when lodging a formal access
application form. To download an application form
click here. You
may apply for a fee discount on financial hardship grounds.
There is no charge where a formal access application is not decided
within the standard processing time of 20 days. This time may be
extended by 10 to 15 working days where consultation with a third party
is required or information must be retrieved from archived records.
Illawarra Venues Authority may request a deposit in advance where an
application for information involves extensive research or processing
time. Any additional charge to the application fee is based on estimated
time necessary to deal efficiently with the application. Additional
processing charge is calculated at $30 per hour.
The GIPA Act continues the right of applicants seeking their own
personal information to receive up to 20 hours processing without
additional charge.
Excluded information
Information about certain NSW Government agency functions is considered
‘excluded information’ under the Government Information (Public Access)
Act 2009 (GIPA Act).
An application seeking excluded information will be considered invalid
and therefore must be refused. Illawarra Venues Authority must refuse to
provide access to any information falling within one of the following
categories:
1. Secrecy laws – There are 26 Acts containing secrecy provisions that,
in effect, automatically override the
GIPA Act.
2. Cabinet information – Documents prepared for the dominant purpose of
submission to Cabinet (whether or not
actually submitted). There is also a protection for documents
that tend to reveal a particular position taken by a
Minister on a matter in Cabinet.
3. Executive Council information – documents that contain official
record of the Executive Council.
4. Contempt of court – The disclosure of information which would
constitute contempt of court or infringe
parliamentary privilege.
5. Legal professional privilege – Information covered by legal
professional privilege.
6. Excluded information – Information relating to functions of agencies
specified in Schedule 2, of the GIPA ACT
unless the agency has consented to its disclosure.
7. Law enforcement and public safety – Documents containing information
created by specified law enforcement
or related agencies (e.g. the NSW Police Force and ICAC).
8. Transport safety – Information relating to matters under
investigation or inquiry concerning rail or passenger
transport safety.
9. Adoption – Information relating to matters under the Adoption Act
2000.
10 Care and protection of children – Information contained in reports
under the
Children and Young Persons (Care and Protection) Act
1998.
11.Ministerial Code of Conduct – Information kept in the Register of
Interests kept by the Premier under the
Ministerial Code of Conduct.
12. Aboriginal and environmental heritage – Information relating to the
exercise of functions under specified
provisions of the National Parks and Wildlife Act
1974 and the Threatened Species Conservation Act 1995.
Also excluded is information relating to the
nature and location of a place or item of Aboriginal significance
under provisions of the Local Government Act
1993.
Review of decisions
There are three ways a decision made by Illawarra Venues Authority about
an application for information can be reviewed. They are an internal
review, an external review by the Information Commissioner or an
external review by the Administrative Decisions Tribunal.
Illawarra Venue Authority decisions not to publish open access
information or informally release information are not reviewable.
Internal review
A person (either an applicant or third party) aggrieved by a decision
has the right to an internal review, unless it is made by the agency’s
principal officer or a Minister. Applications for internal review must
be made in writing within 20 working days of the decision being made and
accompanied by a $40 fee.
When the aggrieved person is the applicant, an internal review is not
required before the Information Commissioner or the Administrative
Decisions Tribunal may conduct a review.
An agency must complete an internal review within 15 working days of
receiving the application, which may be extended by up to 10 working
days if further consultation is required.
Information Commissioner Review
An aggrieved person is entitled to have a decision made by Illawarra
Venues Authority reviewed by the Information Commissioner. Where the
aggrieved person is the applicant an internal review by Illawarra Venues
Authority is not necessary before the Information Commissioner’s review;
for all other persons it is.
An application for an Information Commissioner review must be made
within eight weeks of the person receiving notice of the agency’s
decision.
For more information about the Information Commissioner visit their
website www.oic.nsw.gov.au
or
phone (02) 1800 463 626.
Administrative Decisions Tribunal (ADT) Review
An aggrieved person may seek a review by the ADT within eight weeks of
the decision made by Illawarra Venues Authority or four weeks after an
Information Commissioner review. You do not have to a review conducted
by the Information Commissioner before an external review is sought by
the ADT.
For more information visit the
ADT website
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