Government Information (Public Access) Act 2009 (GIPAA) created new rights to information that are designed to meet community expectations of more open and transparent government. It encourages the routine and proactive release of government information, including information held by the providers of goods and services contracted by government agencies.
GIPAA replaced the
Freedom of Information Act 1989.
For more information about GIPAA and accessing information held by this department, please select a link from the list below.
GIPAA establishes four ways for government information to be made available to the public:
Agencies MUST publish certain information on their websites, free of charge and available to anyone.
Agencies are encouraged to release proactively as much government information as possible, in an appropriate manner and free of charge (or at the lowest reasonable cost).
Agencies are encouraged to release information in response to a request without the need for a formal application, unless there are good reasons to require one.
In limited circumstances, access to information will require a formal application. People have a right to access information in this way unless the GIPAA provides a reason not to release the information.
Follow this link to the
GIPAA Guidelines [MS Word, 272kb] that are followed by Business Centre Managers within the Department of Justice.
The Department of Justice publishes a large volume of material on this website. Much information relating to the department's structure and functions is available to the public on this website or by contacting the relevant area of the department. This material will be free of charge or available at the lowest possible cost.
GIPAA requires that government agencies must put certain information on their websites to be available to the public, free of charge. This is known as 'open access information' and includes:
The information you are looking for may already be available under one of these links.
If the information you need is not already published on the Justice website, the Department may still be able to release it to you on request, without your needing to make a formal application. This information may be released if there are no public interest reasons why it should be kept confidential. To make an informal application,
contact the business area that holds the information you are seeking.
All policy documents must be made available unless there is an overriding public interest against disclosure (OPIAD). To determine if there is an OPIAD, the public interest test needs to be applied to each document (refer to the guidelines for 'Public Interest Test').
After applying the public interest test, a Business Centre Manager needs to determine whether:
If a section of a policy document cannot be released, then a copy of the document with deletions should be posted on the Business Centre website noting that it is an incomplete document.
NOTE: The procedure described here applies to
Department of Justice documents and information, with the
exception of Corrective Services and Juvenile Justice.
How to make a formal request for information
If you are seeking specific information which is not available on this website and not routinely provided by the Department of Justice on request, you may apply formally for access to it.
This involves making a written application and paying a fee.
Please apply for Department of Justice information using the
GIPAA Access Information Form [MS Word doc, 74kb].
Send your completed form and payment to:
GIPAA Unit NSW Department of Justice
GPO Box 6 SYDNEY NSW 2001
If your application does not include all of these things, it will be invalid and cannot be processed. If that happens, the Department's GIPAA Unit will let you know what you need to do to make your application valid.
If your application is valid, the GIPAA Unit will acknowledge receipt of the application within five working days and deal with your application within 20 working days. Under certain circumstances, an extension of time to complete the application can be obtained by the Department.
If the Department does not make a decision about your access application within 20 days, it is considered 'refused'. The Department will refund your application fee and you will have the right to seek internal or external review. (This does not apply if an extension of time has been arranged, or where the Department is waiting for you to pay an advance deposit).
How much will it cost?
The basic fee under the
Government Information (Public Access) Act 2009 is $30. Processing charges
may be charged at $30 per each hour of processing an application. In some situations, the agency will require you to pay an advance deposit. The agency will let you know when this is required.
Applicants can apply for a 50 per cent reduction in processing costs on the grounds of financial hardship, or ask for the fee to be waived altogether if this information will be of special benefit to the public generally.
A Disclosure Log is a requirement of the
Government Information (Public Access) Act 2009. The log is a record of information that the Department of Justice has already released, often in response to a specific request from a member of the public or an organisation. This information could be of interest to other members of the public.
Applicants who make a formal application will be advised that information relating to the application may be made publicly available. Applicants may object to information being included in the disclosure log. The disclosure log will list details about an application without releasing any identifying information relating to an individual.
View the Department's Disclosure Log [MS Word, 98kb].
An Agency Information Guide includes information about a department's structure, functions and lists the kind of information that will be made publicly available.
An Agency Information Guide needs to state how information may be obtained from an agency or department and whether there is a cost for accessing this information.
The Agency Information Guide for the Department of Justice provides the following information:
View the Department of Justice Information Guide [PDF, 211kb].
If you have difficulty accessing the guide, or have any comments or concerns, please
contact Justice Legal.
Government Information (Public Access) Act 2009, each government agency is required to publish a register of all contracts valued at $150,000 or more which are entered into with a private sector entity for a project, goods and services or the sale, purchase or lease of rental property. Information must be entered in the register within 60 days after the contract, or contract variation becoming effective.
Information relating to the register of contracts is published on the NSW Procurement website.
You can search the
Department of Justice's register of contracts on the NSW Procurement website.
Government Information (Public Access) Act 2009 requires in section 6(5) that agencies must keep a record of any open access information that they do not make publicly available on the basis of an overriding public interest against disclosure. The record must indicate only the general nature of the information concerned.
When the Department of Justice decides that particular "open access information" should not be publicly available, a record of the decision is made.
map of Department of Justice's major locations [PDF, 583kb].
Department of Justice's property disposal table [PDF, 52kb].
View the Department of Justice's Code of Ethics and Conduct [PDF, 321kb].
GIPAA also requires the contracts register to include a copy of each Class 3 contract. You can access Class 3 contracts on the Department's About us page.
If you would like an accessible version of any of the documents on this page, please email
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