The Agency Information Guide provides information about the types of records we hold as a government agency and how to access them. It also describes who we are, what we do, and how our work affects the community.
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How you can request information
There's a lot of useful, publicly available information we can share with you. It's mostly about water, recycled water, wastewater and stormwater.
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's an overriding public interest against doing so. This is open access information.
Our past and current annual reports outline our operations and performance for each financial year, including our financial reporting for that year.
The Sydney Water disclosure log contains details of the formal GIPA access applications that we've made publicly available. It's updated quarterly.
You can access papers and reports tabled in Parliament other than those in response to a Parliamentary Order (such as documents tabled under a Standing Order 52).
Our contract register contains a register of government contracts with Sydney Water.
See our policies for information on how we make decisions on everything from pricing, building applications and the environment to how we manage our business.
Under section 6(5) of the GIPA Act, we must also keep a record of open access information (if any) that we don't make publicly available on the basis that there's an overriding public interest against disclosure. Currently, there's no such record.
2. Proactive release
We're 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 by publishing it on our website. You can find it in our Reports and publications.
Accessibility on our website
We want to make our information accessible to everyone. Our website is designed to meet the web content accessibility guidelines version 2.0 (WCAG 2.0) at AA level. Please contact us if you have problems accessing website content.
3. Informal release
The informal release of government information under section 8 of the GIPA Act is subject to any reasonable conditions that we think fit to impose. Government information that's 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 or 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.
You can request an informal release of information, but it's ultimately up to us whether we consider an informal release more appropriate than a release under a formal access application.
There's 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're not satisfied with our 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
- include as much specific information as possible to assist the GIPA Team to identify the information you're requesting.
How to lodge an informal request
Download and complete the Informal access application form. Email it to GIPA@sydneywater.com.au.
4. Formal access application
If you can't access the release of government information under the 3 methods 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 our GIPA Team notifies you that the process will take longer.
You also have review rights under the GIPA Act on any decision made by our 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
- have a return email or postal address.
If the 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.
How to lodge a request under formal access
Pay the relevant fee, and download and complete the Formal access application form. You can either email it to GIPA@sydneywater.com.au or post it to GIPA Officer, Sydney Water, PO Box 399, Parramatta NSW 2124.
Rights of review
If you're unhappy with a decision made by our GIPA Team, you have 3 options:
1. Internal review
You can seek an internal review 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. You must pay an application fee of $40. We'll acknowledge your internal review request within 5 working days and complete it within 15 working days, unless you're advised of an extension.
2. External review by the Information Commissioner at the Information and Privacy Commission
You can ask the Information Commissioner at the Information and Privacy Commission (IPC) for an external review within 40 working days. You don't have to have an internal review of the decision before requesting an external review by the IPC. You can find further information on the IPC website.
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 the NSW Civil and Administrative Tribunal (NCAT) within 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. You can find further information on the NCAT website.
Subpoenas
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
Please direct the service to the Proper Officer by email (preferred), post or in person. Improper service may result in non-compliance or the subpoena being returned.
- Email to TheProperOfficer@sydneywater.com.au (preferred).
- Mail to The Proper Officer, Sydney Water, PO Box 399, Parramatta NSW 2124.
- Deliver in person to Sydney Water, 1 Smith Street, Parramatta NSW 2150.
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.
How to pay conduct money
Conduct money must be paid via Electronic Funds Transfer (EFT).
Bank: Westpac
Account name: Sydney Water Corporation
BSB: 032 001
Account number: 188136
Reference: Subpoena and [insert your name]
We no longer accept cheques or money orders as forms of payment. Please email a copy of the remittance receipt to TheProperOfficer@sydneywater.com.au.
If you need us to raise an invoice, please email the Proper Officer at TheProperOfficer@sydneywater.com.au. It may take us a few days to comply.
3. Additional charges – compliance cost
Compliance costs are the reasonable expenses (in addition to conduct money) incurred in complying with the subpoena or summons (for example, officers attendance time, photocopying, and postage/courier costs, etc.). If the cost of processing and producing documents exceeds the conduct amount provided, we 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
- $150 per hour after the first hour in respect of processing by legal officers.
4. Timeframes and return dates
It's imperative that the subpoena allows adequate time for us to identify, retrieve and assess the requested documents. The minimum recommended notice period is 10 or more clear working days. If this isn't enough time, or depending on the scope and volume of the information required, we may seek an extension.
We usually return documents directly to the Court Registry or NSW Subpoena Response, or as otherwise directed in the subpoena.