Access to information

Last update: 12 April 2023

The Government Information (Public Access) Act 2009 provides a system for public access to government information.

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    What is Public Access to information?

    The Government Information (Public Access) Act 2009 (GIPA Act) aims to make government information more accessible to the public. It requires government agencies to make certain sorts of information freely available.

    The GIPA Act complements other regimes that allow the public to access information held by government. It does not detract from any other rights of access to information that exist under other legislation or policies such as:

    • Privacy and Personal Information Protection Act 1998
    • Court Information Act 2010

     

    Find out more from the NSW Information and Privacy Commission

    How can I access Office of the Children’s Guardian information?

    Open all

    Certain information is required by law to be available on our website, free of charge. This is called ‘open access information’ and includes our policy documents, disclosure log and register of government contract.

    1 Search our website

    Under the 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 our:

    • policy documents
    • disclosure log
    • register of government contracts
    • agency information guide

    If you cannot find the information you are looking for on this website, you can ask us whether the information has already been released by us proactively in some other form (for example, in printed form).

    You can contact us on (02) 8219 3600 to ask if the information you are after has been released either on this website or in another form. Some publications may only be available on the payment of a fee, but we will let you know if that is the case.

    2 Make an informal request

    If the information you are after has not already been published, but is information which raises no particular concerns in terms of possible public interest reasons why it should not be released, then we may be able to release it to you on request without the formalities of having to make a formal application.

    If you think this applies to the information you are seeking you can make an informal request by emailing us at legal@ocg.nsw.gov.au or calling (02) 8219 3600.

    Generally, we try to release information we hold without the need for a formal access application, however the Office of the Children’s Guardian reserves the right to require you to lodge an access application.

    3 Make a formal access application

    If the information you are seeking is not available on this website and is not otherwise routinely provided on request, then you have a right to formally apply for access to specific information.

    Access application form

    Email your completed form to legal@ocg.nsw.gov.au

    Please call us on (02) 8219 3600 if you wish to post your application to us.

    We will write to acknowledge receipt of a valid access application within 5 working days.

     

    Application fees and processing charges

    The fee for making an access application is $30.

    Processing charges can also be imposed at the rate of $30 per hour.

    In some circumstances an advance deposit can be required. We will let you know in writing if that applies to your application.

    Certain discounts may apply, including on financial hardship and public interest grounds – for more details see the NSW Information and Privacy Commission website.

     

    Review Rights

    If you are unhappy with the outcome of your application, you have review rights. You can seek an internal review by us, or a review by the Information and Privacy Commission and the NSW Civil and Administrative Tribunal.

    An application for internal review is $40, and must be made with 20 working days of a decision being notified to an applicant. We will send you information on how to seek an internal review when we decide on your application.

    Applications for review to the Information and Privacy Commission and the NSW Civil and Administrative Tribunal must be made within 40 working days of a decision being made.

    Information about external review by the Information Commissioner 

    Contact the Information and Privacy Commission (IPC)

    Contact NSW Civil and Administrative Tribunal (NCAT)

    The Information and Privacy Commission’s website contains useful information, including the fact sheet ‘Your rights of review under the GIPA Act’

    Agency Information Guide

    The Office of the Children’s Guardian Agency Information Guide is downloadable as a PDF.

    Disclosure log

    The Government Information (Public Access) Act 2009 provides that if the Office of the Children's Guardian releases information in response to a specific request, we must make it publicly available if it is considered to be of interest to other members of the public.

    The majority of applications are requests for information concerning a particular individual. Generally, we consider such applications would not be of interest to other members of the public. As such, pursuant to sections 25 and 26 of the GIPA Act, we would not normally disclose it in our disclosure log.

    To date, there has been one access application which we consider would be of interest to other members of the public. Details of that application are as below.

    Date the application was decided Description of information to which access was provided in response to the application How the information can be accessed
    24 March 2017 Report titled “Evaluation of the new Working with Children Check” dated 13 August 2015 prepared for the Office of the Children’s Guardian by Ernst & Young Published on Open Gov

    Government contracts register

    All contracts the Office of the Children’s Guardian enters into with the private sector valued over $150,000 are required to be recorded in the register of government contracts.

    The contracts are published on the Government tender's website.

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