This fact sheet provides guidance to agencies on the release of information in relation to the use of automated decision-making systems.

It is essential that agencies consider their obligations under the Government Information (Public Access) Act 2009 (GIPA Act) when developing or applying new technologies and using data to inform decision making.

The object of the GIPA Act is to open government information to the public to maintain and advance a system of responsible and representative democratic government.

The GIPA Act places various obligations on agencies within NSW in respect of the publication and release of the information that they create and hold. The GIPA Act also provides rights for persons to apply for access to government information.

These rights remain applicable where government uses technology to provide services and inform decisions.

What are the agency’s obligations?

Relevant to digital government agencies have obligations under the GIPA Act to:

• Provide advice and assistance to citizens seeking information
• Ensure that any documents that are likely to affect rights, privileges, benefits, obligations, penalties or any other entitlement or liability that affects citizens are disclosed as open access information
• Ensure that a description of the ways in which functions, including decision-making functions are exercised are available as open access information
• Proactively identify the kinds of information (including data) held and describe how that information can be accessed,
• Ensure that government contracts provide an immediate right of access to information held by the third-party contractor