Government Information (Public Access) Act 2009 (NSW) or, in short, GIPA Act, gives the applicants for government information a right to be provided with access to that information unless there is an overriding public interest against disclosure. It is an act of the NSW Parliament and sometimes is referred to as a form of a “freedom of information” scheme.
origins
GIPA Act replaced the Freedom of Information Act (NSW). Interestingly, the Freedom of Information Act (NSW) initially gave the review authority to the District Court of NSW. However, the later amendments changed this and the review was given to the Administrative Decisions Tribunal or, simply, ADT. When the ADT ceased to exist, the review pursuant to GIPA Act was given to the NSW Civil and Administrative Tribunal. Currently, that review is within the jurisdiction of NCAT’s administrative division.
tool of control?
At face value, the GIPA Act seems to be a great tool for anyone wanting to learn of the operations of the government. However, neither all that glitters is gold nor is GIPA Act a great tool in practice, as some report. The applications for government information are often costly, risky and can consume huge amounts of time and effort. The applicants often suffer extreme stress. Some are punished for their curiosity with costs orders. On the other hand, the outcomes of such applications can be disappointing. The NCAT review also does not make much difference. As the IPC informs, each year NCAT sets aside only a small percentage of the agencies’ decisions. Nevertheless, if despite these warnings you are still minded to apply, follow our GIPA Act Series to learn of common issues faced by the applicants.
Importance
The freedom of information has been long considered fundamental to transparency and control of government. James Madison, one of the US Founding Fathers, remarked:
A popular government without popular information or the means of acquiring it, is but a prologue to a Farce or a Tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors must arm themselves with the power that knowledge gives.
FORCIN also thinks freedom of information to be of paramount importance. But is “our” GIPA Act truly the freedom of information legislation? Or is it rather a form of the freedom from information legislation? What do you think?
We would love to hear about your experience of seeking government information. Write to us!
Applied to NCAT? Read about what to expect at your GIPA case conference at NCAT.