From 1 July 2010 the Government Information (Public Access) Act 2009 (GIPA Act) replaced the Freedom of Information Act 1989 (FOI Act). The Right to Information policy sets out how the Aboriginal Housing Office (AHO) complies with its obligations under the GIPA Act, and how a member of the public may exercise the right of access to information held by government.
The GIPA Act:
- Is designed to promote a fair, transparent and open government for the people of New South Wales.
- Specifies details known as Open Access Information, where you will find information relating to our functions, our policies and other information that may be of public interest, made available free of charge.
A Formal Request for Information can be submitted by any member of the public, or a client of the AHO seeking details relating to a service they have received. Only information of a non-personal nature can be disclosed, and fees and charges will be applicable.
The GIPA Act also allows for an Informal Request for Information application to be lodged, if the information relates to AHO policy or is already freely available. A client may be able to obtain limited information contained in their file without the need for a formal access application, at the AHO's discretion.
Scope
The Right to Information Policy applies to the AHO when publishing information, or responding to a request under the GIPA Act. It outlines how a client of the AHO or any member of the public can obtain access to information held by the AHO.
A contractor engaged by the AHO to provide a service to the public on the AHO’s behalf will also be required to provide information that may be requested under the GIPA Act.
Policy Statement
The AHO is committed to openness and transparency in carrying out its functions, to publish information in accordance with the GIPA Act, and to disclose information in response to an Informal or Formal Request for Information application, unless doing so would be contrary to the public interest.
Publication of government information
The free publication of Open Access Information is a mandatory requirement in accordance Section 6 of the GIPA Act.
In addition to this information, a wide range of other published materials is available on the AHO website. If you are unable to access this information via the internet:
- visit any local AHO office
- or contact the Right to Information Officer for assistance.
Enquiries related to accessing AHO information and documents should be directed to:
Right to Information Officer
Phone:1800 727 555
Fax: 02 9635 3400
[email protected]
The AHO will review its Open Access Information at intervals of no less than 12 months and will continue to update its website to provide the best possible information relating to its functions and services.
Informal Requests for Information
Unless the information has already been made publicly available, it may be necessary to complete an Informal Request for Information form.
Any member of the public has a legal right to make an Informal Request for Information held by the AHO. This includes access to personal and non-personal information held by the AHO. Information that is available free of charge, includes:
- Copy of an applicant's correspondence with the AHO
- Information from our website
- Information that has been made publicly available in the past.
Requests for non-personal information that does not include information about another person or otherwise sensitive information may also be considered.
The Aboriginal Housing Office reserves the right to refuse an Informal Request for Information.
The release of information in response to an informal request is subject to following conditions:
- An informal request will be processed as soon as practicable, and within 10 working days. In the event that it would exceed this time limit, an applicant will be advised to lodge a Formal Request for Information application.
- Information relating to a third party or other sensitive matters will not be considered as part of an informal request. However, this does not override an applicant’s legal right to apply for this type of information as a formal access application.
The AHO will endeavour to accommodate informal requests wherever possible, in accordance with the objectives of the GIPA Act. A decision that is made in response to an informal request is not subject to any legal review rights.
An applicant who has an informal request refused will be informed of their right to make a Formal Request for Information application under the GIPA Act.
Formal Request for Information
When the information sought is publicly available or cannot be obtained through an informal request, then a Formal Request for Information application is necessary.
Contractors delivering a service to the public on behalf of the AHO also have obligations. They are required to yield to AHO any information that has been requested through a Formal Request for Information, if it:
- relates to the performance of the service,
- has been collected by the contractor from a member of the public, or
- was received by the contractor from the AHO to facilitate delivery of the service.
A Formal Request for Information application can only be made for information held at the time it is lodged.
