Formal access application further information

We will acknowledge receipt of the application within 5 working days and confirm whether or not the application is valid. If it is invalid, you will be provided with details on that decision and an opportunity to amend your application.

We will deal with your application within 20 working days. Under certain circumstances, we may ask for an extension of time to complete the application,but you will be notified if and when that occurs, and why an extension of time is required..

If we do not decide your application within 20 days, it is considered 'refused'. We will then refund your application fee and you will have the right to seek internal or external review. (This does not apply if an extension of time has been arranged, or where the agency is waiting for you to pay an advance deposit).

The application fee under the Government Information (Public Access) Act 2009 is $30, and payment must be sent with the application form.

Additional processing charges may be charged at $30 per each hour of processing an application. In some situations, we may require you to pay an advance deposit. We will let you know when this is required. However, if you seek to access your own personal information, then the first 20 hours of processing time is free of charge.

Under the Government Information (Public Access) Regulation 2018, concession card holders, pensioners, students, and not-for-profit organisations may be able to receive a 50% discount off processing fees. If you believe that a discount should apply, you will need to request it in writing.

If you have submitted a formal access application and are dissatisfied with the decision, you can ask Legal Aid NSW for an internal review by filling out the internal review application form (PDF, 52 kb). You have 20 working days from the date the decision is given to you to apply for an internal review.

For more information on GIPA reviews, please visit Information and Privacy Commission NSW | Reviews by the Information Commissioner.

The internal review fee under the Government Information (Public Access) Act 2009 is $40, and payment must be sent with the application form. Legal Aid NSW has the discretion to waive, reduce or refund a fee payable under the GIPA Act in any case that we think is appropriate, subject the regulations. If you think you are eligible for a discount, you will need to request it in writing.

Under s 86 of the Government Information (Public Access) Act 2009, Legal Aid NSW must make its decision on your internal review and inform you of this decision within 15 working days. This timeframe begins when we receive a valid application and processing fee.