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New South Wales: IPC announces research into GIPA Act Informal Release pathway

The Information and Privacy Commission ('IPC') announced, on 30 May 2022, that it will be undertaking research to examine the use of the Informal Release pathway under the Government Information (Public Access) Act 2009 ('GIPA Act'). In particular, the IPC highlighted that this research will be completed as part of the IPC's commitment to maximising public access to information. Further to this, the IPC stated that agencies can release Government information informally, unless there is an overriding public interest against the disclosure of the information and, as such, informal release under the GIPA Act is a quicker and cheaper access option for both the applicant and the agency. In addition, the IPC clarified that agencies also have flexibility in deciding the means by which information is to be informally released. Resultantly, the IPC confirmed that this research will seek to provide greater insight into this pathway and make recommendations to agencies, to better support informal release and improve the outcomes of applications.

Finally, the IPC added that, in undertaking the research, it will:

  • examine past information access data since 2014;
  • complete a literature review to examine extant freedom of information ('FOI') reporting for formal and informal access schemes globally;
  • engage with select New South Wales agencies to examine their information access systems and documentation; and
  • make recommendations to support informal release, including reporting requirements, to monitor the use of informal release and inform proactive release of information.

You can read the press release here.

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