The Information and Privacy Commission ('IPC') NSW oversees privacy and access to information held by the NSW government. The IPC can help you access your information, including health and personal details. If you believe a NSW government agency has breached your privacy, you can make a complaint to the IPC.
What types of complaints can you make?
To ensure NSW government agencies operate transparently, the IPC addresses complaints under the Government Information (Public Access) Act 2009 ('GIPA Act'). These complaints include, but are not limited to:
- Availability of Open Access Information: Complaints about an agency’s failure to make open access information readily available.
- Response to Informal Requests for Information: Complaints about delays, incomplete responses, or refusal to provide information informally.
- Content of Agency Information Guide: Concerns about the content, accuracy, or completeness of an agency's information guide.
- Policies and Procedures about Access to Information: Complaints about the fairness, reasonableness, and transparency of an agency's policies and procedures.
- Time Taken to Respond to a Request for Information: Complaints about excessive delays in responding to requests for information.
- Conduct Indicating a Possible Offence Under the GIPA Act: Complaints about actions or inactions that may suggest an offence under the GIPA Act.
- Feedback on IPC's Services: Complaints about the services received from the IPC or the outcome of a complaint.
IPC will not deal with complaints about:
- Complaints cannot be made about an agency’s decision related to:
- Refusing access to information.
- Refusing to deal with an application.
- The reasonableness of searches undertaken in response to an application.
- Refusing to confirm or deny that information is held.
Jurisdiction:
Agency must be within NSW.
Time Limitations:
No specific timeframe, but complaints lodged after six months require permission.
Who can you make a complaint against?
You can make a complaint against:
- Individuals: Agency personnel violating the GIPA Act.
- NSW Government Agencies: Departments, offices, and entities under NSW government.
- Local Councils: Complaints about local council information access or privacy issues.
- State-Owned Corporations: Information and privacy compliance matters.
- Universities: Public universities subject to the GIPA Act.
- Public Health Organisations: Local health districts and statutory health corporations.
- NSW Police Force: Information access and privacy issues under specific circumstances.
- Other Public Authorities: Entities considered public authorities under the GIPA Act.
IPC will not deal with complaints about:
Customer service complaints unrelated to information access.
Are you eligible to make a complaint?
Who can make a complaint?
Any person, including complaints on behalf of someone with their authority.
Before you lodge a complaint:
Contact the relevant agency first to resolve the issue.
Can complaints be made on behalf of someone?
Yes, with the person's consent and authority.
Additional information:
No cost for the initial complaint.
What can this body do to help?
The IPC may:
- Provide Information: Clarifications on the GIPA Act, advice on rights, and obligations.
- Undertake Discussions: Engage in discussions to clarify issues and explore resolutions.
- Direct Resolution: Facilitate conciliation or informal resolution processes.
- Complaint Review and Assessment: Detailed review and assessment of the complaint.
- Notification of Decision/s: Communicate the outcome and reasoning to both parties.
- No Action with Reasons: Explain why no action will be taken if applicable.
- Investigate Serious Non-Compliance: In-depth examination of serious non-compliance cases.
- Outcome Communication: Inform all parties of the results and justification.
- Referral of Offences: Refer potential offences to the Director of Public Prosecutions ('DPP').
Additional Information:
The Commissioner cannot directly enforce compliance but aims for voluntary resolution.
How to prepare your complaint
Format:
Start by contacting the agency directly. Alternatively, lodge a complaint with the IPC using their online form or contact details.
Personal Details:
Full name, address, phone number, and email address.
Respondent’s Details:
Name and address of the agency.
Relevant Facts:
Description of the actions in question, dates, and the impact on you.
What NOT to Include:
False or misinformation.
Lodging your complaint and next steps:
Where to lodge your complaint:
- Online: form available here
- Email: ipcinfo@ipc.nsw.gov.au
- Post: Information and Privacy Commission, GPO Box 7011, Sydney, NSW 2000
- Telephone: 1800 472 679
Receipt of Complaint:
IPC will confirm receipt and provide updates.
Updates:
Regular progress updates and requests for further information if needed.
Assessment/Investigation:
Initial assessment, followed by a detailed review, and decision.
Decision:
IPC will notify if action can be taken or explain why it cannot.
Resolution:
Facilitate discussions for resolution or investigate serious non-compliance.
Additional Information:
Keep copies of all communications and updates related to your complaint, for reference.
More information:
Refer to the factsheet provided below for more information.
