Your review rights under the GIPA Act
fact sheet
March 2012
The new right to information system in New South
m) a decision to include information in a disclosure log
Wales aims to foster responsible and representative
despite an objection by the authorised objector (or a
government that is open, accountable, fair and
decision that the authorised objector was not entitled
effective.
to object).
You have the right to request a review of a decision
You generally have three options to have a decision
regarding the release of information if you disagree with
reviewed:
any of the following agency decisions as set out under
the
Government Information (Public Access) Act 2009 (GIPA Act):
1. Internal review
You have
20 working days after the notice of a decision
a) a decision that an application is not a valid access
has been posted to you to ask for an internal review.
application
If a Minister or their personal staff, or the principal officer
b) a decision to transfer an access application to
of an agency made the decision, you cannot ask for an
another agency, as an agency-initiated transfer
internal review, but you can ask for an external review
c) a decision to refuse to deal with an access
(see below).
application (including such a decision that is
The review must be carried out by an officer who is no
deemed to have been made)
less senior than the person who made the original
d) a decision to provide access or to refuse to provide
decision. The review decision must be made as if it was
access to information in response to an access
a fresh application.
application
There is a $40 fee for an internal review application. No
e) a decision that government information is not held
fee applies for an internal reviewif the decision is a
by the agency
‘deemed refusal’ because the agency did not process
f) a decision that information applied for is already
your application in time or the internal review is
available to the applicant
conducted because the Information Commissioner has
recommended the agency reconsider its decision under
g) a decision to refuse to confirm or deny that
section 93 of the GIPA Act. In this case, you cannot be
information is held by the agency
charged any review fee.
h) a decision to defer the provision of access to
The agency must acknowledge your application within
information in response to an access application
five working days of receiving it. The agency must
i)
a decision to provide access to information in a
decide the internal review within
15 working days (this
particular way in response to an access application
can be extended by
10 working days if the agency has
(or a decision not to provide access in the way
to consult with a third party, or by agreement with you).
requested by the applicant)
j)
a decision to impose a processing charge or to
2. External review by the Information Commissioner
require an advance deposit,
If you disagree with any of the decisions listed above,
k) a decision to refuse a reduction in a processing
you can ask for a review by the Information
charge
Commissioner.
l)
a decision to refuse to deal further with an access
If you are the person applying for access to information,
application because an applicant has failed to pay
you do
not have to have an internal review of the
an advance deposit within the time required for
decision before asking the Information Commissioner to
payment
review it.
If you are not the access applicant, you must seek an
internal review before applying for review by the
promoting open government
www.oic.nsw.gov.au • 1800 INFOCOM (1800 463 626)
Your review rights under the GIPA Act – fact sheet – March 2012
Your review rights under the GIPA Act
fact sheet
Information Commissioner. However, if an internal
review cannot be sought (if a Minister or their personal
staff, or the principal officer of an agency made the
decision), you can seek a review by the Information
Commissioner.
You have
40 working days from being notified of the
decision to ask for a review by the Information
Commissioner.
On reviewing the decision, the Information
Commissioner can make recommendations about the
decision to the agency.
Note: You cannot ask the Information Commissioner to
review a decision that has already been reviewed by the
Administrative Decisions Tribunal.
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 (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
40 working days 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
20 working days from being
notified of the Information Commission’s review outcome
to apply to the ADT.
Where can I get more information about right to
information?
•
Go to www.oic.nsw.gov.au
•
Email xxxxxxx@xxx.xxx.xxx.xx
•
Mail GPO Box 7011, Sydney NSW 2001
•
Visit Level 11, 1 Castlereagh Street, Sydney NSW
2000
•
Call 1800 INFOCOM (1800 463 626) between 9am
to 5pm, Monday to Friday (excluding public
holidays).
office of the information commissioner new south wales
promoting open government
Your review rights under the GIPA Act – fact sheet – March 2012
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