Frequently Asked Questions

1.What Is Freedom Of Information?

The Act gives an applicant the legal right to access information held as records by this agency. The Act also allows an applicant to request amendment to his/her records and if not satisfied with any particular determination, also provides a mechanism of appeal.

2.What Sort Of Information Can I Seek?

You can ask for any kind of personal or non-personal information.  Personal information includes matters pertaining to the applicant.  Non-personal information includes government policy documents, research materials and other information not pertaining to the applicant.

If you are seeking accident reports or computerised operational policing reports (C.O.P.S. reports) in the first instance you should direct your enquiries to:

Insurance Services Unit
Locked Bag 5102,
Parramatta 2124

Ph: (02) 8835-8377
Fx: (02) 8835-8361

Hours: 8.30am - 4.30pm Mon - Fri

3.Is Any Information Not Available To Me?

In accordance with the Act, this agency will whenever possible make information available. However, the Act does allow for this agency to refuse access to information/documents in certain circumstances.  Such information is called "exempt" and includes:

• Documents concerning law enforcement and public safety;
• Documents subject to legal professional privilege;
• Documents subject to secrecy provisions in other legislation;
• Personal affairs of another person;
• Business affairs of another person or agency.

4.What Application Form Do I Use?

• Form 1 - FOI for Personal Information
• Form 2 - FOI for Non-personal Information 

5.What Application Do I Use If I Want A Criminal Record Check?

NSW residents may apply for a National Criminal history record check (NCHRC) for visa, adoption, employment and some licensing purposes. The benefits of obtaining a National Criminal History Record Check (NCHRC) are as follows:

• National Police Certificates only list “disclosable court outcomes”
• Convictions considered “spent” under state and federal legislation will not be included in the National Police Certificate.
• Applications will normally be completed in 10 – 15 days
• National Police Certificates have security features to deter fraud

Information concerning the NCHRC may be obtained at www.police.nsw.gov.au

National Criminal History Record Checks are not processed for child related employment. Information regarding child related employment checks, may be obtained from the NSW Commission for Children and Young People at www.kids.nsw.gov.au

NSW Criminal Record Check for personal use only.

A Criminal Record Check for the state of New South Wales only may be obtained by applying under the Freedom of Information Act 1989. The result of this check is intended only for your own personal use and not for employment or any other official purposes whatsoever. Applications may be made by completing and submitting the following:

Form 3 – Application for Bail Report / Criminal Record Check in NSW only

6.How Long Will My Application Take?

This agency will always seek to comply with applications as expeditiously as possible.  The less precise or the more broad the application is, the more likely that the applicant will experience delays.

To assist you in completing an application, you are asked to consider using the following pro-forma requests: Eg.

• "Computerised Operational Policing System (COPS) entry E123456 made by Constable John Smith, Blacktown Police Station on the 01 January 2004"
• "COPS entries involving the applicant as a defendant during the period 1990 and 1994"
• "Brief of evidence concerning the assault on 1 January 1994 involving the applicant.  Assault investigated by Constable John Smith, Blacktown Police Station"

The Act provides that an agency that fails to determine an application within 21 days after the application is received shall be deemed to have refused access to the application.  A deem refusal allows other avenues of review to take place if requested by the applicant.

7.Can I Request A Review Of Any Determination?

The Act provides that a person aggrieved with any determination made by an agency may seek an internal review.  Other avenues of complaint, such as the NSW Ombudsman's Office and the Administrative Decisions Tribunal will also options open to an aggrieved person.