Under the Government Information (Public Access) Act 2009 (GIPA Act), all government agencies must disclose or release information unless there is an overriding public interest against disclosure....
The identification of one or even several public interest considerations against disclosure is not sufficient justification to refuse to provide information. Agencies will make their decision after balancing the relevant considerations for and against disclosure. In each case, agencies will consider a range of factors, including:
· the nature and context of the information
· in the case of an informal or formal request, any factors special to the applicant
· the relative weight of public interest considerations for and against disclosure.
Agencies should refuse to disclose information only where, on balance, there is an overriding public interest against disclosure. Where considerations on balance favour disclosure, or are evenly balanced, the presumption in favour of disclosure stands, and information should be published or released.
In April 2006, the Government asked the NSW Law Reform Commission to review the State’s privacy laws, including whether a statutory cause of action should be introduced for invasion of privacy. In June 2009, the Attorney General expanded this reference to specifically include the relationship of right to information and privacy laws. The Commission will also report on how these laws should be administered, with specific attention to the relationship between the Privacy and Information Commissioners. Report on these issues is expected in late 2009.