Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only. See our Accessibility page for further information.
The disclosure of information under the GIPA Act is subject to the public interest test set out in s 13 of the Act:
There is an overriding public interest against disclosure of government information for the purposes of this Act if (and only if) there are public interest considerations against disclosure and, on balance, those considerations outweigh the public interest considerations in favour of disclosure.
Our Right to Information Policy provides further information about the public interest test.
There are several ways that DCJ releases information under the GIPA Act as set out below.
Section 6(1) of the GIPA Act provides that DCJ must make open access information it holds publicly available on its website, free of charge, unless there is an overriding public interest against disclosure of the information. This is called “mandatory proactive release of open access information”.
Table 2 below outlines DCJ’s open access information and provides links to access the information, where applicable.
Table 2: Open access information
| Category of open access information | How to access the information |
|---|---|
| Current Agency Information Guide. | Agency Information Guide |
| Information about DCJ contained in any document tabled in Parliament by or on behalf of DCJ, other than any document tabled by order of either House of Parliament. | Visit the Parliament of New South Wales website to view a complete list of all documents tabled by DCJ in Parliament. |
| DCJ policy documents. |
Aboriginal Housing Office policies Youth Justice resources and policies Subsidiary agencies of DCJ maintain policy documents on their respective websites. Our Resource Centre allows you to search policies across various DCJ and subsidiary agency websites. |
| Disclosure log. | Disclosure log |
| Register of government contracts valued at, or likely to have a value of, $150,000 or more (incl GST). | buy NSW (formerly NSW eTendering) |
| Record of open access information that is not made publicly available, kept in accordance with s 6(5) of the GIPA Act. | Record under s 6(5) of the GIPA Act |
| A list of DCJ’s major assets (other than land holdings) highlighting major acquisitions during the previous financial year | Refer to Volume 1 of DCJ’s Annual Reports |
| Total number and total value of properties disposed of by DCJ during the previous financial year. | Refer to Volume 1 of DCJ’s Annual Reports |
| DCJ’s guarantee of service, if any. | DCJ does not have a guarantee of service. |
| DCJ code of conduct. | Policies |
| Any standard, code or other publication that has been applied, adopted or incorporated by reference in any Act or statutory rule administered by DCJ. | Guidelines |
Section 7 of the GIPA Act provides agencies with a discretionary authorisation to proactively release information unless there is an overriding public interest against disclosure. Information may be released in any manner considered appropriate, free of charge or at the lowest reasonable cost.
Open Government, Information and Privacy, DCJ Legal, Law Reform and Legal Services, coordinates an annual review of DCJ’s authorised proactive release program, by sending targeted correspondence to DCJ divisions and subsidiary agencies. Relevant staff are provided with a fact sheet (PDF, 122 KB) designed to encourage senior executives to actively review and update their information holdings to proactively disclose information to the public.
The below information may be of interest to the public:
Section 8 of the GIPA Act authorises the release of government information in response to an informal request from a member of the public unless there is an overriding public interest against disclosure. An informal request is a request that is not a formal access application.
DCJ is not obligated to disclose information in response to an informal request or otherwise consider such a request. A person who lodges an informal request may be requested to instead lodge a formal access application for the information.
If DCJ decides to disclose information in response to an informal request:
Our Right to Information Policy provides further information about the kinds of information that may be considered for informal release.
All DCJ staff are authorised by the Secretary to disclose information in response to an informal request under the GIPA Act.
A person who lodges an access application (also known as a “formal access application”) has a legally enforceable right to access the requested information unless there is an overriding public interest against disclosure. A formal access application will be required if:
A valid access application must:
If any of the above requirements are not met, an application will be invalid.
Our Right to Information Policy provides further information about how to lodge an access application, including applicable fees and charges.
An application is not a valid access application to the extent that it seeks “excluded information” of the agency to which the application is made.
Schedule 2 to the GIPA Act sets out the categories of excluded information for particular agencies. Examples of excluded information relevant to DCJ include:
Functions relating to the authorised proactive release or informal release of government information, and the function of making of a reviewable decision in relation to a formal access application, may only be exercised by DCJ’s Secretary or staff with the authority of the Secretary.
A copy of the authorisation applicable to DCJ staff in the exercise of functions under the GIPA Act may be viewed here (PDF, 14 KB).
There are several ways of accessing certain kinds of information held by DCJ outside of the GIPA Act, including the following:
If you lived in out-of-home care as a child or young person, you can request a copy of records about your care history, free of charge, through the Care Leaver Records Access Unit pursuant to s 168 of the Children and Young Persons (Care and Protection) Act 1998 (NSW).
Visit Accessing your care records for further information.
For people who want to apply for past adoption information or who are considering making contact with an adopted person, birth parent, or family member, visit Finding information on past adoptions.
Requests for access to court and tribunal files and documents should be made by contacting the relevant court or tribunal registry.
Access to court and tribunal files and documents is at the discretion of the relevant court or tribunal in accordance with applicable legislation, procedural rules, or practice notes. The court or tribunal may refuse a request for access if appropriate to do so in the circumstances.
Access may be subject to fees and charges as prescribed by relevant legislation or policies and procedures of the court or tribunal.
Parties to court or tribunal proceedings or their legal representative, or other persons as the court or tribunal may allow, may apply for transcripts or sound recordings of proceedings.
Applications for court transcripts or sound recordings are subject to such fees and charges as the court or tribunal may impose.
Visit Transcripts for further information.
If you seek access to your own personal information held by DCJ, you may make a request under s 14 of the Privacy and Personal Information Protection Act 1998 (NSW). Such a request is limited to your own personal information. You cannot request a third party’s personal information or any information that does not constitute your personal information.
Visit our Privacy Management Plan for further information.
Last updated: