In a letter to the Commission received on 1 June 2009, the Attorney General, the Hon J Hatzistergos issued the following terms of reference, in addition to those received on 11 April 2006 (see: Reference 113 - Privacy):

Pursuant to section 10 of the Law Reform Commission Act 1967 (NSW), the Law Reform Commission is also to inquire and report on the legislation and policies governing the handling of access applications for personal information of persons other than the applicant under the Freedom of Information Act 1989 (or any successor legislation).

In undertaking this review, the Commission is to consider in particular:

• The adequacy of the Freedom of Information Act 1989 (and any successor legislation) concerning the handling of access applications for personal information in ensuring effective protection of individuals' privacy.
• The adequacy of existing policies, and whether any new policies should be recommended, for the handling of access applications for personal information of persons other than the applicant.
• The circumstances in which agencies should refuse to provide access to personal information of persons other than the applicant on public interest, including privacy, considerations.
• The extent to which public interest, including privacy, considerations against disclosure apply in respect of access applications for personal information of public officials.
• The intersection of, and desirability for a consistent legislative approach to, the treatment of personal information under the Freedom of Information Act 1989 (and any successor legislation) and other legislation that is concerned with the protection of an individual's privacy.
• Any related matters.

Submissions are now being sought on this project

How to make a submission (closing date: 2 November 2009)

Access to personal information (comments close: 31 August 2009)

The Ombudsman's Review of the Freedom of Information Act 1989 (NSW), March 2009
Privacy and access to personal information: points for discussion, July 2009