Right to information
We publish a large volume of materials which we provide free of charge.
Under the Government Information (Public Access) Act 2009 (GIPA Act), certain information is required by law to be available on our website, free of charge.
This is called "open access information" and includes:
- policy documents and tabled documents
- publication guide
- disclosure log
- register of government contracts
Under the GIPA Act, there are four ways in which SafeWork 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 SafeWork 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: Some information can be requested free of charge, without the need for a formal application, unless it is determined that one is required.
- Formal application: The most common form of access is by way of a formal application. A $30.00 application fee applies. Processing charges may also apply.
How to access information
There are several ways you can access information:
SafeWork, like all Government agencies, is encouraged to release information to the public in an informal manner, where possible.
You are encouraged to search our website for any information you may require, and if you cannot find it, then contact a Right to Information Advisor on 13 10 50 or email email@example.com.
When requesting personal or business information, which is not publicly available, an application form needs to be submitted.
There are specific public interest considerations against disclosure that an agency can consider when releasing information. These include:
- 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
We charge an application fee of $30 and, where applicable, processing fees may also apply. An advance deposit of a processing charge may be required.
If you are seeking access to personal information about the applicant, your $30 application fee includes 20 hours of processing time. If the processing time exceeds 20 hours, charges of $30 per hour will apply.
If you are seeking access to non-personal information, your $30 application fee includes one hour of processing time. If the processing time exceeds one hour, charges of $30 per hour will apply.
The fees payable may be reduced in certain circumstances, such as when an applicant is suffering financial hardship or when there is a demonstrated public interest in releasing the information.
A fee is not charged for information which is released informally under section 8 of the GIPA Act.
Review of decisions (Internal Review)
If you are dissatisfied with our decision you have the right to request an internal review of that decision. A fee of $40 applies, except when the review arises because the application was not decided within time or the review is recommended by the Information Commissioner. No processing charges apply for internal reviews.
A $15 concession applies for processing charges where an applicant can certify they:
- hold a Pensioner Concession Card
- are a full time student
- represent a not for profit organisation
- able to demonstrate financial hardship
- able to show that the information they seek is in the public interest. The guidelines published by the Office of the Information Commissioner will be applied in determining if the information is of special benefit to the public generally.
We have discretion under Section 127 of the GIPA Act to waive, reduce or refund fees in specific cases. Examples include:
- where there has been a significant delay in dealing with an application
- where the agency decides to publicly release the information requested by the applicant
- where the agency is satisfied that release of the information supports the aims and objectives of the legislation administered by the agency
- where the applicant is a participant in the Lifetime Care and Support scheme.
If an access application is not decided in time (usually 20 working days), any application fee is to be refunded and no processing charge will be imposed.
The GIPA Act states that a decision must be provided within 20 working days from the receipt of the application. This can be extended by 10 working days (to a maximum of 15 days) to undertake third party consultation or to retrieve archived records. The decision period can also be extended by agreement with the applicant.
Our disclosure log records details of government information released in response to formal and non-personal right to information requests under the GIPA Act. With the applicant's consent, we disclose information that may be of interest to other members of the public. It will give a description of the information released and, where possible, a link to the relevant documents.
To date, we have not considered any access applications to be of interest to other members of the public, other than the applicant. Our disclosure log will be updated on a regular basis.
Policy document register
The Policy document register under the GIPA Act contains a list of documents we are required to proactively release 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 privileges of the public when dealing with that agency.
The publication guide under the GIPA Act 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.
Register of contracts
NSW Privacy Act / NSW Health Act
The Privacy and Personal Information Protection Act 1998 (NSW Privacy Act), and the Health Records and Information Privacy Act 2002 (NSW Health Act) contain a number of provisions regarding the collection, use, disclosure and security of personal and health related information and the rights of individuals to access and amend, if necessary, their personal and health related information held by NSW government agencies, including SafeWork NSW.
Further information about the NSW Privacy Act or NSW Health Act, and our obligations under these Acts can be obtained from the Privacy Contact Officer on 13 10 50 or email firstname.lastname@example.org.
Access to your personal and/or health information
As an applicant, you have a legislative right to request access to the personal and/or health information concerning yourself that is held by SafeWork NSW. You can ask us to provide you with access by completing our online form.
You are entitled to have access to this information without excessive delay or cost. However, you may be required to pay a fee if the application is made under the Health Records and Information Privacy Act 2002.
You have a right to request an internal review of a decision in relation to your application for access by SafeWork NSW. To request an internal review or if you have any other questions relating to privacy, please contact the Privacy Contact Officer on 13 10 50 or email email@example.com
Processing of requests can take up to six weeks.
For further information about your right to access information held by SafeWork, please contact a Right to Information officer on 13 10 50 or email firstname.lastname@example.org