NSW IPC is perhaps most widely known as the place where you can get a review of a decision made on your GIPA Act application. However, there is more to the NSW Information and Privacy Commission than meets the eye.
What is it?
NSW IPC stands for the NSW Information and Privacy Commission and is a government body created by two pieces of legislation. One piece – called the Government Information (Information Commissioner) Act 2009 (NSW) – created an office of Information Commissioner. The other – called the Privacy and Personal Information Protection Act 1998 (NSW) – established the office of Privacy Commissioner. NSW IPC’s two current heads are Elizabeth Tydd and Samantha Gavel.
Interestingly, the Information Commissioner prefers not to be called “IPC”, FORCIN was informed. Instead, it is the preference of the Information Commissioner to be identified as who she really is, that is the “Information Commissioner”. Awww, isn’t that cute? It turns out that the dreams of the powerful are not that different from those of the ordinary folks.
Nevertheless, the two Commissioners coexist at the same address in Sydney. They also use a joint website, joint email for enquiries, and a joint phone service that greets a caller by stating “thank you for calling the NSW Information and Privacy Commission of NSW”. Therefore it is hard to wonder that the public conflates both commissioners into one handy phrase “IPC”.
What does NSW IPC do?
Perhaps the most widely known function of the IPC is that it reviews decisions made under the GIPA Act. This does not, of course, mean that the IPC review occurs automatically. Rather, once you get your notice of decision, you can ask the IPC for a review. But remember, you have only 40 working days to do so and you’d better not miss the deadline. There can be no extensions. If you are late, the IPC will decline to conduct the review.
Another relatively oft-used function of the IPC is its complaint-handling function. Namely, if you are unhappy with how an agency handled your access application, you can report this to the IPC. The IPC can decline to deal with your complaint. Or it can deal with it, including by performing something described by the GIIC Act as “investigation”.
Now, if you happen to be one of those who are upset about the agency’s decision because you think it was made unlawfully, the reading of the GIIC Act can give you that fuzzy and warm feeling. Namely, the IPC when investigating your complaint could even enter the premises of that naughty agency you are complaining about. But do not get too excited. At the same time IPC cannot actually commence prosecution of any offence listed in the GIPA Act it may uncover or substantiate during its investigations.
other functions of NSW IPC
However, IPC does also other things. One of IPC’s roles likely to attract your attention is its privacy complaint review function. This most commonly means that if you complained about the breach of the PPIP Act to an agency, the agency will send to IPC the outcome of its review of your complaint.
But there is more. For instance, IPC performs audits of other agencies. Only last year it performed four audits into agencies compliance with the GIPA Act and one privacy audit. It also issues something called “advices” to other government agencies. Only last financial year alone NSW IPC issued almost 219 privacy advices. IPC’s website also offers other help to the government. For instance things like its GIPA Tool, which is only available to the NSW government agencies.
How much does it cost?
Great news for those on the budget! The review by IPC pursuant to the GIPA Act is free. The same goes for handling of your complaint and the privacy review. A bit suspicious? Do I hear you say there is no such thing as a free lunch? In a way you are right.
Only last financial year the NSW IPC cost the public well over 7 million Australian dollars. So okay. Perhaps IPC review is not really free. But you will not pay for it directly. The government will knock on your door later – the money will come from the budget.
But there is also another cost of IPC review – your time and efforts.
Let’s assume that you ask IPC to review the decision made by your local council on your GIPA application. NSW IPC will expect you to explain your grounds for review, compile the relevant documents and send this whole bundle to IPC. Then the IPC officer will contact you outlining her or his understanding of your arguments and main issues arising. This will likely again require your written output, as the IPC officers often misstate the grounds for review or simply omit them.
BUT What to expect of its GIPA review?
Now that you read about all the hoops, it is fair that you find out what’s in it for you. Well, at the end of that tunnel awaits you the IPC review. Or more precisely a “Review report under the Government Information (Public Access) Act 2009“. You can view some real review reports on the IPC website as the IPC publishes some of its output. Of course, you are a mature person. So you do will understand that sometimes the review will be in your favour. And sometimes not. FORCIN can also disclose that sometimes it will be the kind of review that looks like it is in your favour. But really is not.
But here is the source of disappointment of many: no matter what’s in the report, this will not do much difference. This is because the IPC review is not binding. The agencies do not have to comply with it. It is no more than a recommendation. So some agencies may follow it. The other – may not. And then the only thing you are left with is applying for review to the NSW Civil and Administrative Tribunal.
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