Rights under the Act

The Freedom of Information Act 1989 (NSW) (the Act) gives students, staff and members of the public a legally enforceable right of access to information held in the form of documents by New South Wales Government agencies including UTS.

What is a document?

Section 6 of the Act defines 'document' broadly. The definition covers written information including that recorded by 'marks, symbols or perforations having a meaning' and also 'any disc, tape or other article from which sounds, images or messages are capable of being produced'.

Consequently, material stored in computers, on CD-ROMs, ultra sound tapes, X-rays, etc., are all covered by the definition.

What types of documents are held at UTS?

Examples of documents held by UTS include:

• examination, academic, employment, health, welfare, counselling, superannuation and training records
• UTS policy documents, research materials, instruction and procedure manuals, and reports.

The documents include files, notes, diaries, etc., held by staff that are not part of the 'official' University system, if they contain relevant work-related information.

Can I access all documents?

The most common reason for refusing full access to all documents or the whole of a document is that the documents requested relate to the personal affairs of another person. In those circumstances that person would be consulted before any determination was made in relation to the Freedom of Information (FOI) request and they may satisfy the Freedom of Information (FOI) Officer that the material should not be released.

There are exceptions under the Act, which may mean that you will not be granted access to the documents you seek or you may not be given unlimited access. UTS will give you an explanation of why you are not being granted full access if this situation arises. A right exists to appeal that decision.

Must I lodge a Freedom of Information (FOI) application to gain access to documents at UTS?

Many documents are available without the need to lodge a FOI application under the Act.

1. UTS publications

UTS provides information concerning its operations on the University website (including information concerning the Rules, Policies and practices followed by UTS in its dealings with staff, students and members of the public), and in publications such as the Statement and Summary of Affairs, Calendar and Handbook.

2. Administrative access

UTS, through its units and faculties, provides access to information, and staff at an inquiry counter will often be able to provide you with the information you are seeking without the need to lodge a formal FOI application. It is therefore wise to begin your inquiries at the inquiry counter.

3. Access to personal information about you held by UTS

Under the Privacy and Personal Information Protection Act 1998 (NSW) UTS will grant access to the personal information collected, held and used about a person, to that person, without the need to apply under the FOI Act. Staff in the units and faculties of UTS will usually be able to assist you.

4. Access to health information about you held by UTS

Under the Health Records and Information Privacy Act 2002 (NSW) UTS will grant access to the health information collected, held and used about a person, to that person. Staff in the units and faculties of UTS will usually be able to assist you.

6. Access to records over 30 years old

If a record has been in existence for 30 years you can seek access under the State Records Act 1998 (NSW). The University Records Coordinator will be able to determine whether UTS has made a direction that the records are open or closed.

The State Records website and the University Records website both provide further information about access.

How do I make a FOI request?

Who can help me?

UTS encourages you to consult the FOI Contact Officer to clarify the details of a request or application (for contact details, see Contact information section below). The Officer will advise you of any administrative options available to access the information; clarify the details of an application to ensure the request is sufficiently specific to avoid wasting time and incurring costs; and assist you with any subsequent requests such as an application to amend records or to appeal against a determination.

The FOI Contact Officer can help you complete a request form, decide how to access documents, or explain whether you can obtain documents in another way. For contact details, see Contact information section below.

Does the request have to be in a special form?

Applications for access to documents under the Act must be made according to section 17 of the Act. To help you comply with the requirements and allow us to deal with your request as quickly as possible UTS has developed a FOI request form (128K), which we encourage you to use.

Are there any application fees and charges?

The application fee is $30.00 and must be paid when the request is lodged. A 50 per cent reduction in the application fee may be granted in certain situations. Usually the application fee will cover all the processing of your application. If additional costs are likely to be incurred, the FOI Contact Officer will discuss this with you, and advise you of the reasons in writing.

What are the forms of access granted to documents under the Act?

The most common forms of access are:

• inspection of the document
• provision of a photocopy of the document.

If UTS cannot grant access in the form you have requested you may be given access in a different form.

What happens to the application after it is lodged?

The University's FOI Officer is appointed by the Vice-Chancellor, and is the Director, Governance Support Unit. The FOI Officer will make a determination about access to the documents you have requested within 21 days of the receipt of your application. In the letter of determination the FOI Officer will include reasons for a determination to:

• refuse access to a document
• provide partial access to a document
• grant access subject to deferral.

If your application cannot be dealt with within 21 days you will be advised of the delay and the reasons for the delay. The most common reason is that a third party must be consulted in relation to personal affairs contained in the documents you have requested.

Can I do anything if I am not satisfied with the outcome?

The FOI Contact Officer will provide you with assistance in relation to your options. It is important that you obtain information as to how to proceed, as, particularly in relation to external appeals, one option may preclude another option for appeal. In general terms, the options are as follows:

• The records provided appear to be incorrect, incomplete, out of date or misleading
  In these circumstances you can make an application for an amendment (124K). UTS has developed a form to help you with this application and the FOI Contact Officer will provide you with further assistance.
• UTS will not correct the records
  In some circumstances even if the information is incorrect, incomplete, out of date or misleading, UTS may not agree to correct the record. For example, a series of decisions may have been made on the basis of that information, which is now part of an historical record of decisions.
  
  Alternately, UTS may not agree with your viewpoint.
  
  You can require UTS to place notation on the file where a decision is made not to correct the record. A notation form (120K) has been developed by UTS to assist you with this process.
• Internal review
  Where an applicant is not satisfied with the FOI Officer's decision an application for an Internal Review can be lodged.
  
  UTS has developed a Request for Internal Review form (128K) to help you with this application and the FOI Contact Officer will provide you with further assistance. The application must be made in writing and be accompanied by the application fee of $40.00.
• External reviews
  If an applicant is not satisfied with the results of an Internal Review there are two avenues of appeal outside UTS:
  • request an investigation by the New South Wales Ombudsman
  • appeal to the Administrative Decisions Tribunal.

Contact information

FOI Contact Officer
Deborah Edwards
Coordinator, University Records
Governance Support Unit
Level 26, Building 1
15 Broadway
Ultimo
Telephone (02) 9514 1245
Email Deborah.Edwards@uts.edu.au

FOI Officer
Director
Governance Support Unit
Level 26, Building 1
15 Broadway
Ultimo
Telephone (02) 9514 1321

Help and advice outside UTS

New South Wales Ombudsman

Administrative Decisions Tribunal