- describes the structure and functions of Sydney Water and how its functions affect members of the public
- specifies arrangements that enable members of the public to participate in the formulation of Sydney Water policy and the exercise of its functions
- identifies the various types of information held by Sydney Water and the kinds of information Sydney Water makes, or will make, publicly available
- identifies the kinds of information that are, or will be, made publicly available free of charge and those kinds of information for which a charge is, or will be, imposed.
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Access to information
What would you like to know?
As an organisation serving over 5 million people every day, we deal with lots of information. This includes many documents. Most of our documents are about our core services of water, recycled water, wastewater and stormwater. You'll find a lot of information by searching on this website. But there are other ways to access information if you can't find it here.
How we provide information
To promote transparency and accountability, we provide publicly accessible information including access to certain government information under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act).
We provide access to information in 4 different ways:
1. Open access information (mandatory)
Section 18 of the GIPA Act advises agencies that certain information is mandatory for them to publish and make accessible on their website unless there is an overriding public interest against doing so. This is referred to as open access information. It includes:
The annual report outlines the operations and performance of Sydney Water for each financial year including its financial reporting for that year.
Access Sydney Water's past and current annual reports.
The disclosure log contains details of the formal access applications which have been made to Sydney Water and is updated on a quarterly basis.
You can access the latest Sydney Water Disclosure Log here.
The documents tabled in Parliament, other than those in response to a Parliamentary Order (such as documents tabled under a Standing Order 52) can be accessed here.
The Contract register contains a register of government contracts with Sydney Water. You can access it here.
Sydney Water policies can be accessed here.
We must also keep a record of open access information (if any) that we do not make publicly available on the basis that there is an overriding public interest against disclosure. Currently, there is no such record.
2. Proactive release
We are authorised under section 7 of the GIPA Act to make any government information we hold publicly available unless there is an overriding public interest against disclosure of the information.
This authority allows us to decide what government information we will proactively choose to release free of charge by publishing the information on our website.
We continue to proactively release as much information of public interest as we can through publication on our website. Please refer to Reports and publications for further information.
3. Informal release
The informal release of government information under section 8 of the GIPA Act is subject to any reasonable conditions that we thinks fit to impose. Government information that is already publicly available or can be easily disclosed without third party consultation or the need for public interest considerations to be made can be released informally.
Examples of informal requests include requests for policy documents, guidelines, reports, publications or requests made for personal information directly related to the person making the request. This may be you or someone lawfully appointed by you to make the request on your behalf.
An informal release of information can be requested by you, but it is ultimately up to us whether we consider an informal release more appropriate than a release under a formal access application.
There is no timeframe governing an informal release and there are no review rights under the GIPA Act if you make a request under an informal release and you are not satisfied with Sydney Water's response.
Informal requests for information MUST:
- be in writing
- be sent to the email address provided below and in the application form
- for informal requests concerning personal information, include a valid copy of the applicant's identification, e.g. Driver Licence, Passport, Health Care Card or Pensioner Concession Card
- must include as much specific information as possible to assist the GIPA Team to identify the information you are requesting.
4. Formal access application
If the release of government information cannot be accessed by you under the 3 methods described above, you can make a formal access application for information under section 9 of the GIPA Act. In contrast to an informal release, standard fees and charges apply, as well as timeframes within which we must respond to you. This timeframe is 20 working days, unless the GIPA Team notifies you that the process will take longer.
You also have review rights under the GIPA Act on any decision made by Sydney Water's GIPA Team to release or not to release the information you have requested as part of the formal access application. See your rights of review below.
All formal requests (access application) for information MUST:
- be in writing
- be sent to the physical address or email address provided below and in the application form
- clearly state that the information is being sought under the GIPA Act
- include as much specific information as possible to assist the GIPA Team to identify the information you are requesting.
- be accompanied by the application fee of $30
- must have a return email or postal address
- for request for personal information, include a valid copy of the applicant's identification, e.g. Driver Licence, Passport, Health Care Card or Pensioner Concession Card.
Rights of review
If you are aggrieved by a decision made by Sydney Water's GIPA Team, you have 3 options:
1. Internal review
An internal review may be sought within 20 working days of a Notice of Decision (NOD) on certain decisions.
To lodge a request for internal review, download and complete the Internal review application form along with an application fee of $40.
An internal review request will be acknowledged within 5 working days and completed within 15 working days, unless you're advised of an extension.
2. External review by the Information Commissioner at the IPC
You can ask for an external review by the Information Commissioner within 40 working days. You do not have to have an internal review of the decision before requesting an external review by the IPC.
Please refer to the IPC website for further information at www.ipc.nsw.gov.au.
3. External review by the NSW Civil and Administrative Tribunal
If you disagree with any of the decision, you can request for a review by NCAT with 40 working days. However, if you applied for a review by the Information Commissioner, you have 20 working days from being notified of the Information Commissioner's review outcome to apply to NCAT.
Please refer to the NCAT website for further information at www.ncat.nsw.gov.au.
Contact us
For additional assistance relating to accessing information under the GIPA Act, or general enquiries, please contact the GIPA Team via phone on 02 8849 6834 or email GIPA@sydneywater.com.au.
Subpoena
A subpoena, summons, statutory notice or order is a court order issued by a party involved in a court proceeding. It obligates the recipient to:
- attend court, the commission, or tribunal and give evidence as a witness
- produce documents
- or both, attend court and produce documents.
Parties issuing a subpoena to Sydney Water are required to ensure they comply with the stipulated requirements listed below.
1. Methods of Service
Service must be directed to the Proper Officer by post, in person, or by email. Please note that improper service may result in non-compliance or the subpoena being returned.
2. Conduct Money
All subpoenas must be accompanied by the appropriate conduct money. The conduct money required by Sydney Water is set at $100.
Failure to provide conduct money at the time of service may result in non-compliance or the subpoena being returned.
3. Additional Charges – Compliance Cost
If the cost of processing and producing documents exceeds the conduct amount provided, Sydney Water may also charge additional compliance costs incurred in complying with a subpoena at the rate of:
- $50 per hour after the first hour in respect of processing by non-legal officers,
- $90 per hour after the first hour in respect of processing by paralegal, and
- $150 per hour after the first hour in respect of processing by legal officers.
Compliance costs are the reasonable expenses (in addition to conduct money) incurred in complying with the subpoena or summons (for example, officer/s attendance time, photocopying, and postage/courier costs etc.)
4. Timeframes and Return Dates
It is imperative that the subpoena allows adequate time for Sydney Water to identify, retrieve, and assess the requested documents. The minimum recommended notice period is ten or more clear working days.
Should this timeframe be insufficient, or depending on the scope and volume of the information required, Sydney Water may seek an extension.
Return of documents will usually be made directly to the Court Registry or NSW Subpoena Response or o as otherwise directed in the subpoena.
Contact us
For additional assistance relating to the service of subpoenas to Sydney Water.
Please contact the Proper Officer by email at TheProperOfficer@sydneywater.com.au.
Contact us
For additional assistance relating to accessing information under the GIPA Act, or general enquiries, please contact the GIPA Team via phone on 02 8849 6834 or email GIPA@sydneywater.com.au.