Government Information (Public Access) Act 2009
On 1 July, the Government Information (Public Access) Act 2009 (NSW) replaced the Freedom of Information Act 1989 (NSW). The new system is focussed on making government information more readily available.
The Compensation Authorities Staff Division (CASD), along with all other government departments, government Ministers and their personal staff, public authorities and offices, local councils and courts will now release information as set out under the new Act.
CASD was formed as part of the NSW Government’s creation of Principal Agencies in July 2009. The CASD group sits within the Treasury portfolio. Other agencies in the CASD group are: the Dust Diseases Board, Lifetime Care and Support Authority, Long Service Payments Corporation and the Motor Accidents Authority.
Under the new Government information laws, there are four ways in which CASD agency information will be available.
- Mandatory release: Certain information will be disclosed on an agency’s website, free of charge. This includes the agency's policy documents, current publication guide, disclosure log and register of government contracts.
- Proactive release: Each CASD agency will make other information available to the public, in addition to the information contained on their website. Agencies will release as much government information as possible, in an appropriate way and free of charge (or at the lowest reasonable cost).
- Informal request: Specific information can be requested, with information to be potentially released without the need for a formal application, unless it is determined one is required.
- Formal application: Formal requests for information can be made in limited circumstances.
How do I access information?
There are a number of ways you can access information:
- contact us on 13 10 50
- email gipa@workcover.nsw.gov.au
- look around this website
- review the publication guide
- look through the disclosure log (available soon)
- make a formal application under the GIPA Act - to do this, you will need an application form. Download the application form or contact 13 10 50 and ask to speak to a Right to Information Officer to obtain an application form.
Exemptions
There are only limited and specific interests against disclosure that an agency can take into account. These are:
- law enforcement and security
- individual rights, judicial processes and natural justice
- responsible and effective government
- business interests
- environment, culture, economy and other matters
- secrecy and exemption provisions in other laws
Disclosure log
WorkCover’s disclosure log will provide details of information that has been released in response to non-personal right to information requests since the Government Information (Public Access) Act 2009 (NSW) commenced on 1 July 2010. It will give a description of the information released and, where possible, a link to the relevant documents.
The disclosure log will be updated regularly and will be available soon.
Policy document register
Under Section 23 of the GIPA Act, NSW Government departments have an obligation to proactively release documents used by the agency that are connected to, or likely to affect, the rights and priviledges of the public when dealing with that agency. This information has been compiled into one document for easy review, and can be found here.
Publication Guide
The Publication Guide is a document that outlines the structure and functions of an agency, and highlights those functions (ie policies) that might affect members of the public. WorkCover’s Publication Guide will be available soon.
Register of contracts
Division 5 Part 3 of the GIPA Act sets out information about an agency’s responsibility to publish contracts worth $150,000 or more on their website. See WorkCover’s register of contracts at NSW eTendering.
Informal applications
WorkCover, like all Government agencies, is encouraged to release information to the public in an informal manner where possible.
You are encouraged to search the WorkCover website for any information you may require, and if you cannot find it, then contact a Right To Information officer on 13 10 50 or by emailing gipa@workcover.nsw.gov.au.
Formal applications
In some circumstances, like requesting personal or business information not publically available, you will be required to make a formal application to WorkCover. Formal applications must be made on an application form. Please telephone 13 10 50 or email gipa@workcover.nsw.gov.au for a copy.
Fees
WorkCover’s policy regarding fees is that there is no requirement to submit an application fee to apply for access to information. There may be a processing fee of $30 pending the nature of your enquiry ie repetitive or time-consuming requests. Should it be determined that your application will attract this fee, you will be contacted by a Right t Information Officer to organise payment via cheque or money order.
Processing time
The GIPA Act sets a limit of 20 working days from the receipt of the application until it must be determined. This can be extended by 10 workings days (to a maximum accumulation of 15 days) for consultation or archived records.
NSW privacy act
The Privacy and Personal Information Protection Act 1998 ( Privacy Act), contains a number of provisions regarding the collection and use of personal information and the rights of individuals to access and amend, if necessary, their personal information held by NSW government agencies, including WorkCover.
Further information about the Privacy Act, WorkCover's obligations and your rights of access can be obtained from the privacy contact officer on (02) 4321 5000.
Contact
For further information about GIPA in WorkCover, contact a Right to Information Officer on 13 10 50 or email gipa@workcover.nsw.gov.au.