Obtaining Information

Summary of requirements

The Government Information (Public Access) Act 2009 (GIPA Act) gives you the right to access Government information you ask for, unless there is an overriding public interest against release. The GIPA Act replaced the old Freedom of Information Act 1989 (NSW) on 1 July 2010 and applies to Barangaroo Delivery Authority as a NSW public agency.
The GIPA Act aims to maintain and advance a system of responsible and representative democratic government that is open, accountable, fair and effective. The object of the GIPA Act is to open Government information to the public subject to when there is an overriding public interest against disclosure.

The GIPA Act process explained

Government information is information in a record held by an agency, on behalf of an agency by a government contractor, or by the State Records Authority. A record can mean any document or source of information that is compiled, recorded or stored in printed or electronic form.

Government information needs to be released if the public interest considerations in favour of disclosure outweigh the public interest considerations against disclosure.

Public interest considerations in favour of disclosure include:

  1. Disclosure of the information could reasonably be expected to promote open discussion of public affairs, enhance Government accountability or contribute to positive and informed debate on issues of public importance.
  2. Disclosure of the information could reasonably be expected to inform the public about the operations of agencies and, in particular, their policies and practices for dealing with members of the public.
  3. Disclosure of the information could reasonably be expected to ensure effective oversight of the expenditure of public funds.
  4. The information is personal information of the person to whom it is to be disclosed.
  5. Disclosure of the information could reasonably be expected to reveal or substantiate that an agency (or a member of an agency) has engaged in misconduct or negligent, improper or unlawful conduct

Public interest considerations against disclosure include:

  1. Cabinet information
  2. Information that would affect law enforcement and security
  3. Information that would prejudice the business interests of agencies and other persons
  4. Legal professional pivilege
  5. Information that would breach another person’s privacy private affairs

These considerations are more fully described in Section 14 and Schedule 1 of the GIPA Act.

There are a range of penalties that can be applied under the GIPA Act if the Authority does not properly follow the GIPA Act process, including for the following conduct:

  • An officer knowingly deciding a formal access application contrary to the requirements of the GIPA Act
  • Directing an officer to make a decision he or she knows is not permitted or required by the GIPA Act
  • Improperly influencing a decision on an access application
  • Knowingly misleading or deceiving an officer for the purpose of obtaining access to government information
  • Concealing, destroying or altering information for the purpose of preventing the release of information.

You can complain to the Information Commissioner about your dealings with Barangaroo Delivery Authority in relation to the GIPA Act.

More information about the GIPA Act, and access to government held information, is available on the NSW Information Commissioner's website.

The Act facilitates access to information through a number of processes:

  1. Formal Access Applications
  2. Informal Access
  3. Requirement to make certain information publicly available
  4. Information previously released under GIPA

 

1. Formal Access Applications (Apply for information)

The Act gives the public a legally enforceable right to access government information through making an access application, unless there is an overriding public interest against doing so which outweighs the public interest factors of disclosing the information.

 

2. Informal Access

The Authority is authorised to release Government information held by it to a person in response to an informal request by the person unless there is an overriding public interest against public disclosure of the information under section 8 of the GIPA Act.

If the information requested has not already been published by the Authority, but is information which raises no particular public interest concerns about why it should be kept confidential, then the Authority may be able to release it on request without the need to make a formal access application.

The Authority will generally provide the following types of information in response to an informal request, without the need to make a formal access application:

  • Copies of correspondence, where the person requesting the correspondence was the person who sent it to the Authority;
  • Documents that contain only personal information about a particular individual, and that is the person who is requesting the information;
  • Documents that have already been made public in some other way;
  • Other reasonable requests for information if the release would not raise potential concerns of public interest considerations against disclosure.

You can make an informal request for information by emailing information.officer@barangaroo.com

However, under the GIPA Act, Government agencies are not required to release information without an access application. The Authority reserves the right to require a formal Access Application to be made. The Authority also reserves the right to impose conditions on the use or disclosure of information that is released in response to an informal request.

 

3. Requirement to make certain information publicly available

The Authority is required by the GIPA Act to makes available, free of charge on its website, the following information, which is known as “open access information”:

 

4. Information previously released under GIPA

This section of the website includes documents that have been previously requested under the Government Information (Public Access) Act 2009, as formal access requests.

Barangaroo South Tender documents and extracts of decisions

The information included below includes submissions and documents related to the call for Expressions of Interest and Request for Detailed Proposals for Barangaroo Stage 1 (now known as Barangaroo South).

Note: The Authority has had to heavily redact some of the information below due to an overriding public interest against disclosure, in that disclosure of that information would diminish the competitive commercial value of that information to the tenderers, prejudice the legitimate business and commercial interests of the tenderers and the Authority, or reveal the commercial-in-confidence provisions of a government contract.

Date Document Name Document Description Author
10-Oct-12 Explanatory Table Updated Explanatory Table - Further Disclosure of Final Phase Request for Detailed Proposals RFDP Barangaroo Delivery Authority
10-Oct-12 Explanatory Table Updated Explanatory Table - Further Disclosure of Lend Lease Schedule 3 Barangaroo Delivery Authority
10-Oct-12 Explanatory Table Updated Explanatory Table - Further Disclosure of Multiplex Schedule 3 Barangaroo Delivery Authority
30-Mar-12 Explanatory Table Explanatory Table - Evaluation Panel and Executive Review Panel Barangaroo Delivery Authority
30-Mar-12 Explanatory Table Explanatory Table - Extracts of Board Minutes Barangaroo Delivery Authority
30-Mar-12 Explanatory Table Explanatory Table - Final Phase Request for Detailed Proposals RFDP Barangaroo Delivery Authority
30-Mar-12 Explanatory Table Explanatory Table Lend Lease Schedule 3 Barangaroo Delivery Authority
30-Mar-12 Explanatory Table Explanatory Table Multiplex Schedule 3 Barangaroo Delivery Authority
16-Feb-10 Board Minutes Extract of Board minutes related to the Barangaroo South tender Barangaroo Delivery Authority
19-Jan-10 Board Minutes Extract of Board minutes related to the Barangaroo South tender Barangaroo Delivery Authority
18-Dec-09 Board Minutes Extract of Board minutes related to the Barangaroo South tender Barangaroo Delivery Authority
10-Dec-09 Executive Review Panel Extract of Executive Review Panel Meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
10-Dec-09 Executive Review Panel Further Disclosure - Extract of Executive Review Panel Meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
10-Dec-09 Evaluation Panel Extract of Evaluation Panel Meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
10-Dec-09 Evaluation Panel Further Disclosure - Extract of Evaluation Panel meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
8-Dec-09 Board Minutes Extract of Board minutes related to the Barangaroo South tender Barangaroo Delivery Authority
7-Dec-09 Evaluation Panel Extract of Evaluation Panel Meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
7-Dec-09 Evaluation Panel Further Disclosure - Evaluation panel Meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
7-Dec-09 Executive Review Panel Extract of Executive Review Panel Meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
7-Dec-09 Executive Review Panel Further Disclosure - Extract of Executive Review Panel Meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
30-Nov-09 Evaluation Panel Evaluation Panel Meeting Minutes on Barangaroo South tender Barangaroo Delivery Authority
9-Nov-09 Schedule 3 Multiplex Schedule 3 Multiplex
9-Nov-09 Schedule 3 Further Disclosure - Multiplex Schedule 3' Multiplex
8-Nov-09 Schedule 3 Lend Lease Schedule 3 Lend Lease
8-Nov-09 Schedule 3 Further Disclosure - Lend Lease Schedule 3 Lend Lease
8-Nov-09 Schedule 3 Further Disclosure - Lend Lease Schedule 3 - Information tendered in Supreme Court Proceedings Lend Lease
23-Oct-09 Final Phase RFDP Addendum 2 Barangaroo Delivery Authority
1-Oct-09 Final Phase RFDP Addendum 1 Barangaroo Delivery Authority
14-Aug-09 Final Phase RFDP Document Barangaroo Delivery Authority
14-Aug-09 Final Phase RFDP Further Disclosure - Document Barangaroo Delivery Authority
14-Aug-09 Final Phase RFDP Templates Barangaroo Delivery Authority
14-Aug-09 Final Phase RFDP Further Disclosure - Templates Barangaroo Delivery Authority
Aug-09 Final Phase RFDP Lend Lease Proposal Brief Barangaroo Delivery Authority
Aug-09 Final Phase RFDP Further Disclosure - Lend Lease Proponent Brief Barangaroo Delivery Authority
Aug-09 Final Phase RFDP Further Disclosure - Lend Lease Proponent Brief - April 2013 Barangaroo Delivery Authority
Aug-09 Final Phase RFDP Multiplex Proposal Brief Barangaroo Delivery Authority
Aug-09 Final Phase RFDP Further Disclosure - Multiplex Proposal Brief Barangaroo Delivery Authority
Apr-08 Stage 1 EOI Barangaroo Sydney Australia - Call for Expressions of Interest - Stage One Sydney Harbour Foreshore Authority

Site Valuation Information

The site valuation information outlined below is released under the Government Information (Public Access) Act 2009, as a result of a formal access request.

Some figures have been redacted from the valuations as a disclosure could reasonably be expected to prejudice the legitimate business, commercial and financial interests of the Authority in some cases or the developer in other cases.

The Authority weighed the competing public interest considerations and determined that there was an overriding public interest against disclosure of these figures because, to the extent that there is a competing public interest in knowing the precise level and nature of commercial risk proposed to be assumed by the Authority/developer, this is outweighed by the significant prejudicial effect disclosure would have on the legitimate business, commercial and financial interests of the Authority/developer.

Date Document Name Document Description Author
21 July 2008 Desktop Valuation Report Desktop valuation report of the Barangaroo site BEM Property Consultants
31 March 2009 Asset Valuation under TPP07-01 Barangaroo Development Site, Hickson Road Detailed valuation of the Barangaroo Development site Department of Lands
1 September 2010 Barangaroo Development Site, Hickson Road, Update to 30th June 2010 Letter to Chief Financial Officer of the Barangaroo Delivery Authority, with an update to the full valuation Department of Lands
30 March 2011 Barangaroo Development Site, Update to 30 June 2011 Letter to Chief Financial Officer of the Barangaroo Delivery Authority, with an update to the full valuation Department of Lands

More information about the GIPA Act, and access to government held information, is available on the NSW Information Commissioner's website.

 

Reviews and Appeals

 

The Authority's Annual Reports

 

Current Policy Documents

 

Contracts Register

 

The Authority's Public Register of Land

 

More Information

For more information, please contact:
Right to Information Officer
Barangaroo Delivery Authority
Level 21, 201 Kent Steet
Sydney

Office hours: Monday to Friday 8.30am to 5.30pm
Phone: +61 2 9255 1700
Email: information.officer@barangaroo.com