You have a right to find out what information NSW Government agencies and local councils hold about you and to inspect it. You can also ask for records to be amended or corrected if the information about you is inaccurate, irrelevant or out of date.

Your right of access in NSW may be covered by different laws. This means you need to make some choices about how to apply, depending on what the information is, how quickly you want it, or what you want to do with it.

The Freedom of Information Act 1989 gives anyone the right to apply for access to any document held by a NSW public authority. However the authority can use a number of exemptions to refuse or limit the access you get. These exemptions are intended to protect areas like law enforcement, commercial confidentiality and the personal affairs of other people. The Act also gives you a right to seek to have documents about you amended if they are inaccurate, irrelevant or out of date.

Under the Privacy and Personal Information Protection Act 1998 NSW public sector agencies have to tell you whether they hold personal information about you and give you access to it without undue delay or expense. There is no formal application form or fee necessary to apply. However the exceptions in the Freedom of Information Act also apply to applications for access or correction under this Act.

As of 1 July 2004 the Health Records and Information Privacy Act 2002 will commence. This Act will regulate how NSW public authorities and the private sector in NSW will collect, store, use and disclose individuals’ health information. Therefore after 1 July 2004 if you wish to access any of your personal information which relates to health information you will need to apply under this Act. More>>

Under the Local Government Act 1993, you have the right to inspect many council records for free, and obtain copies of them at cost. There is an exception for some documents where there is a “public interest” reason why it can’t be given to you. For more information on accessing information under the Local Government Act see our Fact Sheet # 6.

Generally you will get access whether you apply under the Freedom of Information Act or the Privacy and Personal Information Protection Act. However there are some differences between the two kinds of access which you may need to consider. See here for further information regarding the Acts and assistance in choosing how to apply.