You have a right to request a review of a decision regarding the release of information if you disagree with any of the following agency decisions as set out under the GIPA Act:
- a decision that an application is not a valid access application
- a decision to transfer an access application to another agency, as an agency-initiated transfer
- a decision to refuse to deal with an access application (including such a decision that is deemed to have been made)
- a decision to provide access or to refuse to provide access to information in response to an access application
- a decision that government information is not held by the agency
- a decision that information applied for is already available to the applicant
- a decision to refuse to confirm or deny that information is held by the agency
- a decision to defer the provision of access to information in response to an access application
- a decision to provide access to information in a particular way in response to an access application (or a decision not to provide access in the way requested by the applicant)
- a decision to impose a processing charge or to require an advance deposit,
- a decision to refuse a reduction in a processing charge
- a decision to refuse to deal further with an access application because an applicant has failed to pay an advance deposit within the time required for payment
- a decision to include information in a disclosure log despite an objection by the access applicant (or a decision that the access applicant was not entitled to object).
You have three options to have a decision reviewed:
1. Internal review
You have 20 working days after the notice of a decision has been posted to you to ask for an internal review. The review must be carried out by a more senior officer than the person who made the original decision. The review decision must be made as if it was a fresh application.
There is a $40 fee for an internal review application except if the decision is ‘deemed refusal’ because the agency did not process your application in time. In this case, Roads and Maritime Services (replacing Roads and Traffic Authority) cannot charge any review fee.
2. External review by the Information Commissioner
If you disagree with any of the decisions listed above, you can ask for a review by the Information Commissioner. If you are the person applying for access to information, you do not have to have an internal review of the decision before asking the Information Commissioner to review it. If you are not the access applicant, you must seek an internal review before applying for review by the Information Commissioner.
You have eight weeks from being notified of the decision to ask for a review by the Information Commissioner. There is a $40 fee for an external review by the Information Commissioner.
3. External review by the Administrative Decisions Tribunal
If you disagree with any of the decisions listed above, you can ask for a review by the Administrative Decisions Tribunal (“the ADT”). You do not have to have the decision reviewed internally, or by the Information Commissioner before applying for review by the ADT.
You have up to eight weeks from being notified of the decision to apply to the ADT for review. However, if you have applied for review by the Information Commissioner, you have four weeks from being notified of the Information Commission’s review outcome to apply to the ADT. If you appeal to the ADT you cannot subsequently appeal to the Information Commissioner.