Posted on July 30, 2014 by

Review of the GIPA Act

Councils and public sector agencies are reminded that a review (Review) of the Government Information (Public Access) Act 2009 (GIPA Act) is currently being undertaken. Any council or agency wishing to make submissions to the Review must do so by 29 August 2014.

The Review is required by s130 of the GIPA Act, which provides that the Minister administering the Act is to review the Act ‘as soon as possible after the period of five years from the date of assent to [the] Act’.

The Review must determine ‘whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.’

The Review must also include consideration of the relationship between the GIPA Act and the Privacy and Personal Information Protection Act 1998.

Following the Review, a report will be provided to the Minister and tabled in each House of Parliament.

Councils and practitioners who regularly deal with GIPA Act matters will no doubt welcome the Review. It is hoped that the Review will examine the balance between ensuring transparency and the difficulties that can sometimes arise in administering the Act. There can be little doubt that some of these complexities have contributed to the backlogs faced by various review bodies such as the NSW Civil and Administrative Tribunal.

As noted earlier, the closing date for submissions is 29 August 2014. Submissions should be addressed to:

The Director, Justice Policy

Department of Justice

GPO Box 6, Sydney NSW 2001

Submissions can also be made by email: justice.policy@agd.nsw.gov.au