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ARTICLE · 09 AUGUST 2022

Timely reminder – Principles applicable to public interest determination under the GIPA Act

Government agencies should be aware of the risk that their communications may be subject to a public information access request.

AustraliaGovernment, Public Sector

Staff members of the NSW Department of Planning and Environment (Department) have recently been found to have been giving advice to mining company, South32, in relation to its application for a coal mining extension. The emails containing the so called 'advice' were produced under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act).

The nature of the advice found to have been given, following the release of the documents, has generated notable negative attention from community groups and media outlets who, in summary, describe the Department's communications with South32 as 'coaching' the mining company on how to ensure their application is favourably determined and evidence of there being a 'fake assessment process' having been undertaken. This is in circumstances where parts of the advice appears to be directed towards ensuring that the rationale provided by South32 in its application documents align with the government's publicly stated rationale

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