Compliance Framework
Compliance Driver
Government Information (Public Access) Act 2009 (NSW)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
Return to Top
Administrative Information
Administrative Body
Information and Privacy Commission NSW
Administrative Name
Ms Elizabeth Tydd, Information Commissioner
Administrative Address
Mailing Address
GPO Box 7011
Sydney NSW
Australia, 2001
Physical Address
Level 17
201 Elizabeth Street
Sydney NSW
Australia, 2000
Administrative Phone
1800 472 679
Administrative Email
ipcinfo@ipc.nsw.gov.au
Administrative Website
http://www.ipc.nsw.gov.au/information-access
Return to Top
General Introduction
VC Compliance Delegate
Kate McNarn, Director Governance and University Secretary
Compliance Coordinator
Carmel O'Brien, Contracts Officer
Business Units Impacted
Overview
The object of the Government Information (Public Access) Act 2009 (GIPA Act) is to open government information to the public by:
- authorising and encouraging the proactive release of government information by agencies;
- giving members of the public an enforceable right to access government information; and
- providing access to government information unless there is an overriding public interest against disclosure.
The GIPA Act establishes four ways to access government information:
1. Mandatory Disclosure: obligatory publication of certain information on UNE's website, free of charge.
2. Proactive Release: release of information, in an appropriate manner and at the lowest reasonable cost.
3. Informal Release: release of information in response to a person's informal request.
4. Formal Access: release of information in response to a formal access application.
Government information is information in a record held by the University (the University is a public authority under the GIPA Act). A record can mean any document or source of information that is compiled, recorded or stored in printed or electronic form.Compliance Obligations
Return to Top
Access applications
Description
Access applications must be dealt with in accordance with Part 4
Impacts
1. Under s116 an officer of the University must not make a reviewable decision where the officers knows the access application is contrary to the Act (maximum penalty of 100 penalty points).
2. Under s117 a person must not direct an officer of the University to make a reviewable decision where the officers knows the access application is contrary to, or not permitted by, the Act (maximum penalty of 100 penalty points).
3. Under s118 it is an offence to improperly influence a decision on an access application (maximum penalty of 100 penalty points).
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Government Information
Description
Government information (information contained in a record held by the University) must not be destroyed, concealed or altered for the purpose of preventing the disclosure of information.
Impacts
It is an offence under s120 with a maximum penalty of 100 points.
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Records Management Rule
Policy
Code of Conduct
Procedure
None
Guideline
None
Other Websites
Return to Top
Internal Review
Description
Internal reviews of a reviewable decisions applications must be dealt with in accordance with Division 2 of Part 5.
Impacts
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Open access information
Description
Under s6 the University must make 'open access information' publicly available on its website (and in at least one way, free of charge) unless there is an overriding public interest against disclosure.
The University must also keep a record of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure. This record is to indicate only the general nature of the information concerned.
Impacts
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Open access information - disclosure log
Description
Under s25 the University must have a disclosure log of all access applications, which s18(d) requires to be made publicly available.
The log of access applications is for records where the University decides to release the information, and is to include:
1. date of decision
2. description of the information
3. if the information is now publicly available and how and where it can be accessed.
s26(2) - (3) set out details not required to be recorded in the disclosure log of access applications.
Impacts
Negative impact on reputation
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Open access information - information guide
Description
Under s20 the University must have an information guide, which 18(a) requires to be made publicly available. At intervals of not more than 12 months the University must adopt a new information guide.
s20 to 22 set out the information guide requirements.
Impacts
Negative impact on reputation
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Open access information - not publicly available
Description
Where information has not been made publicly available due to an overriding public interest against disclosure, s18(f) requires the University to keep and make publicly available a record of the general nature of the information concerned.
Impacts
Negative impact on reputation.
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Open access information - policy documents
Description
s18(c) requires the University's policy documents to be made publicly available.
Under s23 policy documents are documents used by the University "in connection with the exercise of those functions of the agency that affect or likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the public are or may become entitled, eligible, liable or subject.
Impacts
Under s24 the effect of policy documents not being publicly available is:
A person is not to be subjected to any prejudice because of the application of the provisions of an agency's policy document to any act or omission of the person if, at the time of the act or omission:
(a) the policy document was not publicly available as required by this Act, and
(b) the person was not aware of those provisions, and
(c) the person could lawfully have avoided the prejudice had the person been aware of those provisions.
Responsible Manager
Kate McNarn, Director Governance and University Secretary
Coordinating Officer
Alicia Zikan, Head Records Policy and Governance
Coordinating Unit
Records, Policy and Governance Unit
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Open access information - prescribed by regulations
Description
For the purposes of s18(g) of the Act, the following is prescribed by the regulations (s5 (4)) as open access information:
a. the total number and total value of properties disposed of by the University during the financial year.
b. the University's guarantee of service (if any)
Impacts
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Open access information - register of government contracts
Description
Under s27 the University must have a register of government contracts valued at $150k or more, which s18(e) requires to be made publicly available.
The details of the contract must be entered into the register within 45 working days of the contract becoming effective.
Details of the information to be entered in the register is set out in s29, with s30 requiring additional information to be entered under certain conditions.Under s37 information is only to be included to the extent that the University holds the information or it is reasonable practical to obtain the information.
Under s32 gives detail as to the confidential information not required to be included in the register.
S33 details obligations with variations to contracts.
Under s34 information required to be included in the register is only required to be made publicly available as open access information for the public access period (s34(2))
Impacts
Negative impact on reputation
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Open access information - tabled information
Description
s18(b) requires all information about the University tabled in Parliament to be made publicly available.
Impacts
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Return to Top
Reporting - to Parliament
Description
Under s125, within 4 months after the end of each reporting year, the University must prepare an annual report on the University's obligations under the GIPA Act.
This report is to be incorporated in the Annual Report of the University in the format specified by the Information and Privacy Commission NSW, and is to include the detail specified in s7 of the Regulations, and the statistical information required by Schedule 2 of the Regulations.
The Information Commissioner is to be provided a copy of the report.
Impacts
Negative impact on reputation
Responsible Manager
Katrina Warden, Director Legal Services
Coordinating Officer
Carmel O'Brien, Contracts Officer
Coordinating Unit
Legal Services
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview