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GIPA Act (FOI) for the Transport Construction Authority

Access to Transport Construction Authority (TCA) information

Requests for information

On 1 July 2010, the Government Information (Public Access) Act 2009 (the GIPA Act) replaced the Freedom of Information Act 1989 (the FOI Act). Under the GIPA Act, members of the public have the right to apply for information from TCA on a formal or informal basis. This page outlines information about accessing information at TCA.

About the GIPA Act

The GIPA Act establishes a comprehensive system for public access to government information in NSW. The objective of the GIPA Act is to make government information more accessible to the public by requiring government agencies to make certain sorts of information freely available. The GIPA Act also encourages government agencies to release as much other information as possible. Like the FOI Act before it, the GIPA Act gives the public an enforceable right to access government information, subject to certain restrictions where there is an overriding public interest against disclosure.

As part of the GIPA Act's implementation, the NSW Government established the Office of the Information Commissioner, an independent statutory body, responsible for overseeing access to government information in NSW.

The GIPA Act also works in conjunction with other access-to-information systems in NSW, such as the Personal Information and Privacy Protection Act 1998.

Open access information

Section 6(1) of the GIPA Act requires NSW Government agencies to make 'open access information' publicly available, unless there is an overriding public interest against disclosure. Section 18(d) of the GIPA Act lists six types of open access information, listed below. Use the links to view open access information available on other pages of this website.

Documents tabled in Parliament  

Under the GIPA Act, you are able to access documents about TCA that are tabled in Parliament.

This information is 'open access', which means that TCA is required to release it unless there is an overriding public interest against disclosure. In most cases, this information will be available on our website. Where this is not possible, we will make the information available in another format .

Fees may apply for the printing and postage of hard-copy documents.

Documents

The following documents have been tabled in Parliament:

Policy documents

Under the GIPA Act, you are able to access TCA policy documents. Policy documents are used by the agency in connection with the exercise of those functions of the agency that affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments which members of the public are or may become entitled, eligible, liable or subject.

This information is 'open access', which means that TCA is required to release it proactively unless there is an overriding public interest against disclosure. In most cases, this information will be available on our website. Where information is not available on our website, we will make the information available in another format.

Fees may apply for the printing and postage of hard-copy documents.

Disclosure log of access applications

TCA maintains a list of certain formal requests for information granted under the GIPA Act. This list, our 'disclosure log of access applications', includes only those requests that:

  • were granted in whole or part
  • concern information that may be of wider interest to the community
  • do not concern an applicant's personal information.

In most cases, documents listed in the disclosure log will be available on our website. Where this is not possible, we will make the information available in another format.

Fees may apply for the printing and postage of hard-copy documents. Our disclosure log is continuously updated as additional information is released under the GIPA Act.

Documents

TCA has not released information under the GIPA Act at this time.

Register of government contracts

Under the GIPA Act, you are able to access TCA's register of contracts awarded. This register includes details of all of our current contracts with the private sector with a value of $150,000 or more ('class 1 and 2 contracts').

In addition, we are required to provide a copy of certain contracts with a value of more than $5 million ('class 3 contracts'). TCA is not required to publish commercial-in-confidence provisions of a contract, details of an unsuccessful tender or any information where there is an overriding public interest against disclosure.

Information not publicly available

Certain 'open access' information cannot be released due to an overriding public interest against disclosure - for example privacy or security considerations. We maintain a list of the information that has been withheld in this way - our 'record of open access information not publicly available'. Under the GIPA Act, you are able to access the TCA record of open access information not publicly available.

Documents

TCA has not restricted the release of any information under the GIPA Act at this time.

Properties disposed

In the 2010/11 financial year, TCA disposed on one property to the value of $1.435 million.

Guarantee of Service

TCA does not have a Guarantee of Service.

Proactively released information

Under the GIPA Act, TCA is authorised to release information proactively, unless there is an overriding public interest against disclosure.

TCA plans to review the information we proactively release - at a minimum - on the anniversary of the commencement of the GIPA Act, starting on 1 July 2011. Information proactively released by TCA is available on this website.

Access applications

Under the the GIPA Act, members of the public have a legally enforceable right to access government information. Applicants may request any information held by a government agency, including documents, memos, briefs, data, images, sound recordings or other types of information. However, access applications may be refused, if an agency can demonstrate that there is an overriding public interest against disclosure.

Informal applications

TCA will endeavour to publish information on our website, which we believes is of public interest. If you cannot find information that you believe is of public interest, you can make an informal request for the information to TCA at the contact details below.

However, please note that NSW Government agencies are not required to release information without a formal access application. TCA reserves the right to require members of the public to lodge a formal access application. In particular, TCA would likely require a formal access application if:

  • there may be significant public interest considerations that must be taken into account in deciding whether the information can be released
  • there may be personal or privacy issues raised by the request
  • the request may involve a large volume of information
  • the request may require a significant amount of processing time, among other factors.

Formal applications

If the information you are seeking is not available on our website and is not otherwise routinely provided by TCA on request, then you have the right to make a formal access request.

There is no specific form required to make an application. However, the GIPA Act requires the access application to:

1. be in writing and sent to the address below
2. clearly indicate that you are requesting information under the Government Information (Public Access) Act 2009 (NSW)
3. include a $30 application fee
4. provide a return postal address in Australia as the address for correspondence
5. include as much specific information as necessary to enable us to identify the information you are seeking.

If your application does not include the above five points, it will be invalid and TCA will not process the request. However, we will contact you to explain the application process, as well as provide advice for resubmitting or validating the request.

Contacting us

GIPA Act access applications for TCA information should be made to:

GIPA Officer
Transport Construction Authority
Locked Bag 6501
St Leonards NSW 2065
Ph: (02) 9200 0217

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Last updated 14 December 2011