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FREEDOM OF INFORMATION IN NEW SOUTH WALES – WORKING THE SYSTEM PROBLEM SOLVING, TACTICS and STRATEGIES FOR APPLICANTS

FREEDOM OF INFORMATION IN NEW SOUTH WALES – WORKING THE SYSTEM PROBLEM SOLVING, TACTICS and STRATEGIES FOR APPLICANTS. Mark Robinson, Barrister, and Sharlene Naismith, Solicitor. THE FOI Act.

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FREEDOM OF INFORMATION IN NEW SOUTH WALES – WORKING THE SYSTEM PROBLEM SOLVING, TACTICS and STRATEGIES FOR APPLICANTS

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  1. FREEDOM OF INFORMATION IN NEW SOUTH WALES – WORKING THE SYSTEMPROBLEM SOLVING, TACTICS and STRATEGIES FOR APPLICANTS Mark Robinson, Barrister, and Sharlene Naismith, Solicitor

  2. THE FOI Act “An Act to require information concerning documents held by the Government to be made available to the public, to enable a member of the public to obtain access to documents held by the Government and to enable a member of the public to ensure that records held by the Government concerning his or her personal affairs are not incomplete, incorrect, out of date or misleading; …”

  3. THE FOI Act Three Objectives • ensuring information on operations of the Government is made available to the public; • conferring on each member of the public a legally enforceable right to be given access to documents, subject only to such restrictions as are reasonably necessary for the proper administration of the Government; and • enabling each member of the public to apply for the amendment of such of the Government’s records concerning his or her personal affairs as are incomplete, incorrect, out of date or misleading

  4. Advantages of FOI • Quick • Inexpensive • Can be comprehensive – replace a subpoena; • Confidential; • Can lead to other civil of public law actions; • Can reveal legal error or a civil wrong

  5. Primary FOI Sources • The Act; • The 2005 Regulations; • The 1989 Fees & Charges Order; • ADT & SC & Court of Appeal decisions; • THE NSW FOI Manual (Premiers and Ombudsman); and, • NSW Crown Solicitors FOI Annotations.

  6. Fees and Charges

  7. FOI Act Exempt Bodies; Exempt Documents; • Restricted documents (Schedule 1 Part 1); • Documents requiring consultation (reverse FOI) (Schedule 1 Part 2); and • Other Exempt documents (Schedule 1 Part 3) Reverse FOI

  8. FOI Act • Review of FOI Determinations • ADT • NSW Ombudsman • ADT & the Override Discretion • Time Limits in FOI

  9. Time Limits – for agencies

  10. Time Limits – for applicants – Internal review

  11. Time Limits for Applicants – External review

  12. Problems and Strategies • Delay; • Failure to provide proper reasons; • High fees and charges and advance deposits; and, • Failure to have regard to public interest or reasonableness factors

  13. In General – you should • Make FOI application simple; • Be specific; • Documents, not information; • Negotiate (on scope and cost); • Research agency first; • Follow up on application; • Form of access? Inspection or copies?

  14. Problems and Strategies • No Proper Reasons • High Fees and Charges • Avoiding the FOI Act: • PIPA; • LGA

  15. FREEDOM OF INFORMATION IN NEW SOUTH WALES – WORKING THE SYSTEMPROBLEM SOLVING, TACTICS and STRATEGIES FOR APPLICANTS Mark Robinson, Barrister, and Sharlene Naismith, Solicitor

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