Right to information

New right to information legislation came into effect on 1 July 2010, replacing the former freedom of information (FoI) law. The Government Information (Public Access) Act 2009 (GIPA Act) replaced the Freedom of Information Act 1989 (FoI Act).

The GIPA Act creates new rights to information that are designed to:

• meet community expectations of more open and transparent government
• encourage government agecies to proactively release government information.

You can find out more about your right to information and new ways to access NSW Government information on the Office of the Information Commissioner website.

The right to information reforms mean that formal applications for access to government information should be a last resort.

There are four ways in which SCA information is made available under the GIPA Act.

1. Mandatory disclosure

The SCA is required to publish open access information on our website, free of charge. This information includes a publication guide, documents tabled in Parliament by or on behalf of the SCA, policy documents, disclosure log of access applications, a register of government contracts, a record of open access information not disclosed, and properties disposed of by the SCA.

2. Proactive release

The SCA will also proactively release as much information as possible. Sometimes this may not be possible where the information concerns another party's affairs or there is a overriding public interest against public disclosure of the information.

3. Informal release

You can also ask for specific information (including your personal information) on a informal basis. Consider this option if no third party personal information is involved.

4. Formal release

This is a last resort. You should first see what information is publicly available or will be made available. However, there may be public interest reasons why the information may not be released informally, or a third party may need to be consulted, in which case a formal application should be made.

How to access SCA information

To access SCA information, search our website to see if it is already available, or contact the SCA and ask for the information.

The SCA's Right to Information Officer can advise you whether the information you want can be disclosed to you through informal release, or requires a formal access application.

If a formal application is required, the request must be made in writing by:

• completing a GIPA Act Access Application form, and enclosing the application fee of $30
• applying in writing supplying all the details required under Section 41 of the GIPA Act, and enclosing the application fee of $30.

If you need help to make a written application please contact the Right to Information Officer on 1300  SCA GOV (1300 722 468).

Payment and lodgement details are given on the form. The application fee covers the first hour of processing time. Each additional hour costs a further $30. A 50% fee reduction may be granted to an individual if they are a concession holder, a child, represent a non-profit organization, are undergoing financial hardship or can demonstrate they are acting in the public interest.

If you do not agree with the SCA's determination of your request under the GIPA Act, you may apply for an internal review. To apply, complete the GIPA Act Internal Review Application form and enclose the $40 application fee. You must lodge this applciation within 20 working days after you are notified about the SCA's decision. Payment and lodgement details are given on the form. There is no additional processing fee.

If you need help to make an application for internal review please contact the Office of the Information Commissioner on 1800 INFOCOM (1800 463 626).

If you do not agree with the outcome of the internal review, you can ask for a review by the Information Commissioner or the Administrative Decisions Tribunal. If you would like to do this please contact the Office of the Information Commissioner on 1800 INFOCOM (1800 463 626).

For more information

If you would like more information about your right to access SCA information, please contact

Right to Information Officer
Sydney Catchment Authority
PO Box 323, Penrith NSW 2751

Telephone 1300 SCA GOV (1300 722 468)

Fax (02) 4725 2599