The NSW Department of Transport is demanding nine times the standard processing fee to provide public information requested by the Hawkesbury Post under the Government Information (Public Access) Act (GIPA Act). The department claims the request will take nine hours to process, citing extensive review and consultation requirements.

The Post is seeking access to critical information used by Transport for NSW to assess PFAS contamination levels in the Hawkesbury River - so hazardous that the department has determined workers will avoid exposure during construction for Stage 2 of the Richmond Bridge project. This data was referenced in a December 2024 report by Transport for NSW, yet when asked to release the information voluntarily, the department refused, prompting the formal GIPA application.

Freedom of information, now known as GIPA’s (Government Information (Public Access) Act 2009) are vital tools for holding government agencies accountable. They provide transparency across areas such as transport, planning, and public health. For journalists and newspapers like the Hawkesbury Post, these requests ensure that the community has access to information it has a right to know, while verifying claims made by councils and agencies. However, the escalating costs of successive GIPA fees place a financial burden on community-focused journalism.

Correspondence from Melissa Armstrong, Senior Advisor for Access Applications at Transport for NSW, outlined the itemised costs, which include reviewing the application, conducting searches, preparing documents, consulting with third parties, and drafting a decision letter. The total estimated cost of $270 is a significant departure from the typical processing fees associated with GIPA requests. See below for an itemised breakdown of the costs.

The Post initially informally requested the data in December 2024, specifically citing its use in Transport for NSW’s report on the Richmond Bridge project. The report stated that analytical results from the Hawkesbury River showed PFAS concentrations exceeding ecological health assessment criteria under the National Environmental Management Plan (NEMP) 2.0. The findings warned that reusing contaminated water during construction could harm nearby waterways, flora, fauna, and human health.

Despite the clear public interest in this information, Transport for NSW declined to provide it voluntarily, leading to the GIPA request. The clear identification of the information sought, the department claims that nearly 70% of the estimated nine hours required to fulfill the request will be spent reviewing 1,500 pages of documents and consulting with third parties, as mandated under the GIPA Act to protect sensitive information.

This is the GIPA request by the Post:

“'TfNSW Report published December 2024 titled; "New Richmond Bridge and Traffic Improvements Stage 2 - Review of Environmental Factors" page 366. In this report you reference analytical results from the Hawkesbury River showing PFAS concentrations. See paragraph below. I am seeking a copy of the data/report relied upon by TfNSW to make the comments below. analytical results from the Hawkesbury River show that the PFAS concentration exceeded the adopted ecological health assessment criteria under the NEMP 2.0. If PFAS-contaminated water from the Hawkesbury River is reused during construction (such as for dust suppression), this could harm nearby waterways, flora and fauna in the area, and impact human health. This would be avoided. To further minimise PFAS risk to human health, workers constructing the piers for the four-lane bridge from the Hawkesbury River would be in barges," the report stated.’”

The itemised expenses provided by Transport for NSW for providing that information are: 

Action Time Estimate Cost

• Confirm validity of application and assign to officer 

• Consider terms of the application 

• Assign searches to relevant business area 15 minutes (spent) $7.50

• Searches performed by a subject matter expert from Safety, Policy, Environment and Regulation (SPER) with requisite knowledge of the information identified in your access application. 15 minutes (spent) $7.50 

• Review of information retrieved, including considering and preparing information for release (a conservative estimate of 15 seconds per page applied to approximately 1500 pages): 

 A preliminary review of the information reveals the documents contain third party personal and business information that will require consultation together with careful consideration to determine scope and any relevant public interest considerations for and against disclosure. 6 hours (estimate) (incl. 30 minutes spent) $180

 • Consultation with third parties (5 third parties have been identified as requiring consultation) under section 54 of the GIPA Act) 1.5 hours (estimate) $45 

• Drafting decision letter and providing access to information. 1 hour (estimate) $30

 Total time estimated to be spent: 9 hours $270 information under the freedom of information legislation claiming it will take nine hours of work to process the application.