Access to Information
Your right to information
On 1 July 2010 new right to information legislation came into effect, replacing the former freedom of information law.
The new law:
- creates new rights to information that are designed to meet community expectations of more open and transparent government; and
- encourages government agencies to proactively release government information.
You can find out more about your right to information and new ways to access NSW government information on the Office of the Information Commissioner (OIC) website at www.oic.nsw.gov.au.
Accessing NSWEC’s information
Search on this website
The NSWEC publishes information regarding elections and enrolment on this website. We try to release as much information as possible, either through our website or in other appropriate ways, free of charge or at the lowest reasonable cost.
Under the Government Information (Public Access) Act 2009, certain information is required by law to be available on our website, free of charge. This is called "open access information" and includes:
- our policies,
- our publication guide,
- a disclosure log of information applications,
- details of information not disclosed to the public,
- documents tabled in Parliament; and
- our register of government contracts.
You should check the open access information links above to see if the information you are looking for is already available.
In addition to the “open access information” the NSWEC also proactively releases other information. Our publication guide will give you some guidance about the other kinds of information the NSWEC holds and releases publicly.
If you cannot find the information you are looking for on this website, you can ask us whether the information has already been released in some other form (eg. in printed form).
Some publications may only be available on the payment of a fee, but we will let you know if that is the case.
Make an informal request
If the information you are after has not already been published, but is information which raises no particular concerns in terms of possible public interest reasons why it should be kept confidential, then the NSWEC may be able to release it to you on request without the formalities of having to make a formal application.
If you think this applies to the information you are after you can contact us to make an informal request.
Generally, we try to release information we hold without the need for you to make a formal access application, unless there are good reasons to require one.
Under the Government Information (Public Access) Act 2009, however, agencies are not required to release information without an access application. The NSWEC reserves the right to require you to lodge an access application, particularly if there may be public interest considerations that need to be taken into account in deciding whether the information can be released or if you request a large volume of information or if it would otherwise take the NSWEC a significant amount of time to consider your request.
Make a formal access application
If the information you are seeking is not available on this website and is not otherwise routinely provided by the NSWEC on request, then you have a right to formally apply for access to specific information.
You can make a formal application by downloading and completing the government information access form and sending it to us.
The Act says that we are only able to accept access applications that:
- are in writing and sent to us at our postal address;
- clearly state you are requesting information under the Government Information (Public Access) Act 2009 (NSW);
- enclose the $30 application fee;
- have a return postal address in Australia as the address for correspondence; and
- include as much specific information as necessary to enable us to identify the information you are seeking.
If your application does not include these 5 things, it will be invalid and will not be processed. If that happens, however, we will let you know and we will help you, if possible, by explaining how you can make a valid application.
Otherwise we will write to acknowledge receipt of a valid access application within 5 working days, and will deal with your application within 20 working days (subject to any extension allowed for under the Act). If any extension of time is required to deal with your application, we will let you know in writing.
Application fees and processing charges
The application fee for making an access application is $30. Processing charges can also be imposed at the rate of $30 per hour. In some circumstances an advance deposit can be required. We will let you know in writing if that is appropriate to your application.
Certain discounts may apply, including on financial hardship and public interest grounds – for more details see the Information Commissioner Fact Sheets.