FOI FACT SHEET
Your Rights to Review and Appeal
South Australian Freedom of Information Act 1991
Please read the information in this fact sheet before completing the attached application form
If you are unhappy with a determination made by an agency (includes South Australian State
Government Agency, Local Government Council or University) under the Freedom of
Information Act 1991
(FOI Act) in relation to:
• a freedom of information (FOI) application for access to a document, or
• an FOI application for amendment to your personal records
in most cases, you are entitled to apply for an Internal Review of that determination.
Request an Internal Review
An Internal Review must be lodged within 30 calendar days of you receiving advice of a
determination that you are unhappy with.
Applications must be made in writing in accordance with Section 29 or Section 38 of the FOI Act
or using the attached FOI Application Form for Internal Review of a Determination
An Internal Review application must be made to the Principal Officer of the agency that made the
determination you are seeking to have reviewed.
How much does an Internal Review cost?
There is an application fee of $33.50
that must be paid when you lodge your Internal Review
application if your review request is for access to documents.
There is no application fee for an Internal Review of an FOI application for amendment to your
Agencies generally accept payment by cash, money order or cheque. If you would like to pay by
credit card you will need to ask the agency if they are able to accept credit card payments.
If, as a result of an Internal Review an agency changes or reverses a determination so that access
to a document is, or will be, given, the agency will refund the Internal Review application fee paid
by the applicant, where applicable.
What if I have a concession card or can’t afford to pay?
If you are the holder of a current concession card or if you can satisfy the agency that the payment
of the application fee would cause financial hardship, the agency must waive or remit (reduce or
If you are a concession cardholder you will need to provide evidence e.g. attach a copy of your
concession card when you make the application. Alternatively you will need to give written
reasons as to why the payment of a fee would cause you financial hardship.
How long does an Internal Review take?
You will be advised of the outcome of your Internal Review application within 14 calendar days
of it being received by the agency.
If the agency does not deal with your Internal Review application within 14 calendar days (or you
remain unhappy with the outcome of the Internal Review) you are entitled to an External Review
by the Ombudsman SA, the Police Ombudsman (if the determination was made by a police officer
or the Minister for Police), or the District Court. See the External Review section below.
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When can’t I apply for an Internal Review?
If the original application determination was made by the Principal Officer of an agency rather
than another accredited FOI Officer within the agency, you cannot apply for an Internal Review.
However, you can apply for an External Review by the Ombudsman SA, the Police Ombudsman
or the District Court.
After an Internal Review has been completed, or where you are unable to apply for an Internal
Review, and you are unhappy with the determination, you have the right to apply for an External
Who should I apply to?
If the determination was made by a police officer or the Minister for Police you must apply to the
All other applications for External Review should be made to the Ombudsman SA.
How long will an External Review take and how much will it cost?
If you wish to make an application for an External Review you must do so within 30 calendar
days after being notified of the determination. However, the Ombudsman SA or the Police
Ombudsman can extend this time limit at their discretion.
There is no fee or charge for External Reviews undertaken by either Ombudsman.
: 8226 8699
: 8226 8677
: 1800 182 150 (within SA)
APPEAL TO THE DISTRICT COURT
You have a right to appeal to the District Court if you are unhappy with:
• a determination not subject to Internal Review
• an Internal Review determination, or
• the outcome of a review by the Ombudsman SA or the Police Ombudsman.
An appeal to the District Court must be made within 30 calendar days after being advised of the
determination or the results of the review.
Any costs will be determined by the District Court, where applicable.
For more information contact the District Court of South Australia Civil Registry.
Contact Details: District Court – Civil Registry
: 8204 0289 Email: email@example.com
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FOI APPLICATION FORM
For Internal Review of a Determination
Under sections 29 & 38 of the South Australian Freedom of Information Act 1991
Please read the attached ‘FOI Fact Sheet – Your Rights to Review and Appeal
before completing and lodging your Internal Review application
To the Principal Officer
Name of the Agency:
Details of Applicant
Australian Postal Address:
Suburb: Post Code:
Contact phone numbers:
FOI Application Reference Number (if known):
Details of Internal Review
I am not satisfied with a determination made by your agency and, therefore, seek a
(Please place a tick in the appropriate box)
I have been refused access to a document
I have been refused access to part of a document
I have been refused a request to amend a personal document
I have been given access to a document but access has been deferred
I am a third party specified in the documents but have not been consulted about
giving access to another person
I have been consulted but disagree with the determination to release the documents
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Include any additional comments you wish to be considered in the review of the
determination (attach additional pages if necessary).
Fees and Charges
An application fee of $33.50
must be submitted with the Internal Review application form,
unless you are seeking to have the application fee waived. If you are seeking to have the
application fee waived, please attach evidence supporting why it should be waived, e.g.
attach a copy of your concession card or other evidence as proof of financial hardship.
An application fee is not required for an Internal Review of an FOI Amendment
In the following section please tick as appropriate
Is the application fee attached?
Application Fee is in the form of
(Do not send cash through the mail)
Do you require a fee waiver?
Is evidence of the need to
waive fees attached?
(e.g. a copy of your concession card)
If you wish to pay your application fee via credit card you will need to ask the agency
you are applying to if they accept credit card payments.
If no application fee is attached and you do not qualify for fee waiver, the agency cannot
process your application until the fee has been paid.
If the agency varies or reverses a determination so that access to a document is, or will
be, given the agency will refund any Internal Review fees paid by the applicant.
Date …... / …... / 20…...
OFFICE USE ONLY
Received on …... / …... / 20…...
Acknowledgment sent on …... / …... / 20.…..
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