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Access to information

Legal information

Access to information under the Government Information (Public Access) Act 2009

Details

1Access to information under the Government Information (Public Access) Act 2009

The Government Information (Public Access) Act 2009 (GIPA Act) replaced the Freedom of Information Act 1989 from 1 July 2010. The Judicial Commission of NSW is an agency for the purpose of the GIPA Act. The Commission holds information relating to its administrative, research, sentencing, education, and complaint handling functions.

Information that relates to the Commission’s (including the Conduct Division) complaint handling, investigative and reporting functions is “excluded information” under Schedule 2 of the GIPA Act. This means that an access application cannot be made for this information under that Act.

Information in relation to the Commission’s administrative, research, sentencing, and education functions may be made publicly available by the Commission subject to any overriding public interest against disclosure. Access applications for information relating to these functions should be made using the access application form. All such applications will be determined in accordance with Part 4 of the GIPA Act.

Further information in relation to making an access application to the Commission can be obtained by contacting the:

Right to Information Officer
Judicial Commission of NSW
GPO Box 3634
Sydney NSW 2001
Ph: (61 2) 9299 4421
Email: judcom@judcom.nsw.gov.au

Further information in relation to the operation of the GIPA Act can be obtained from the website of the Information and Privacy Commission.

2Current contracts valued at $150,000 or more

Lease

Level 5, 60 Carrington Street, Sydney 2000

Name and business address of the contractor:
Property NSW
Level 5, 4 Parramatta Square, 12 Darcy St Parramatta NSW 2150

Effective date of contract:
1 January 2021

Duration of the contract:
7 years

End date of contract:
31 December 2028

Particulars of the contract:
Lease: Level 5, 60 Carrington Street, Sydney (includes cleaning, car parking and outgoings expenses)

Estimated amount payable to the contractor under the contract per year:
$712,000

Rent review:
Market and Fixed Review Dates: 1/1/2023 fixed; 1/1/2024 fixed; 1/1/2025 fixed; 1/1/2026 fixed; 1/1/2027 fixed; 1/1/2028 fixed

3Disclosure log

Section 25 of the Government Information (Public Access) Act 2009 (GIPA Act) provides that an agency must keep a disclosure log that records information about access applications made to the agency that the agency determines by deciding to provide access (to some or all of the information applied for) if the information is information that the agency considers may be of interest to other members of the public. Section 26 of the GIPA Act sets out the type of information required to be recorded in the disclosure log.

The Judicial Commission will disclose here any information about an access application it considers may be of interest to other members of the public. Click here to download an access application form.

4Documents tabled in Parliament

The Judicial Commission’s Annual Reports and Conduct Division reports are tabled in Parliament. Our Annual Reports can be accessed here.

The Conduct Division reports are “excluded information” under Schedule 2 of the Government Information (Public Access) Act 2009. Only reports presented to Parliament are public documents. They are available from the Conduct Division reports page.

5Government contracts register

Part 3, Division 5 of the Government Information (Public Access) Act 2009 requires an agency to keep a register of government contracts that records the information required to be disclosed by that Division.

The Judicial Commission is committed to the purchase of all goods, equipment and services through established NSW Government contracts systems where possible and reasonably practical.

The Commission will ensure that all its policies, procedures and practices related to tendering, contracting and the purchase of goods or services are consistent with best practice and the highest standards of ethical conduct. Our business dealings will be transparent and open to public scrutiny wherever possible.

6Information guide

Section 21 of the Government Information (Public Access) Act 2009 (GIPA Act) requires an agency to adopt its first information guide within six months after the commencement of the section.

Any guide that was a publication guide for an agency immediately before 19 March 2012, the commencement of the Government Information (Public Access) Amendment Act 2012, is taken to be the agency information guide for that agency. Section 22 of the GIPA Act requires an agency to notify the Information Commissioner before adopting or amending an information guide.

Judicial Commission of NSW information guide

7Non-disclosure record

Section 6(5) of the Government Information (Public Access) Act 2009 (GIPA Act) requires an agency to keep a record of any open access information that it does not make publicly available on the basis of an overriding public interest against disclosure.

Section 6(2) of the GIPA Act provides that open access information is to be made publicly available free-of-charge on a website maintained by the agency and can be made publicly available in any other way that the agency considers appropriate.

Open access information includes information about an agency contained in any document tabled in Parliament by or on behalf of the agency.

The Judicial Commission’s annual reports and the Conduct Division reports are tabled in Parliament.

The annual reports can be accessed here.

Conduct Division reports are “excluded information” under Schedule 2 of the GIPA Act. Only reports presented to Parliament are public documents. They are available from the Conduct Division reports page.

8Policy documents

Section 23 of the Government Information (Public Access) Act 2009 provides that policy documents are such of the following documents as 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, to which members of the public are or may become entitled, eligible, liable or subject (but does not include a legislative instrument):

  1. a document concerning interpretations, rules, guidelines, statements of policy, practices or precedents,
  2. a document containing particulars of any administrative scheme,
  3. a document containing a statement of the manner, or intended manner, of administration of any legislative instrument or administrative scheme,
  4. a document describing the procedures to be followed in investigating any contravention or possible contravention of any legislative instrument or administrative scheme,
  5. any other document of a similar kind.

The Judicial Commission’s policy documents include:

9Property disposal

Clause 6(2) of the Government Information (Public Access) Regulation 2018 includes, as open access information, a list of the total number and total value of properties disposed of during the previous financial year.

The Judicial Commission has not disposed of any properties.

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