Your review rights under the GIPA Act
Fact sheet
June 2014
The right to information system in NSW aims
1. Internal review
to foster responsible and representative
You have
20 working days after the notice of a decision
government that is open, fair and effective.
has been posted to you to ask for an internal review by
the agency that made the decision.
You have the right to request a review of certain
If a Minister or their personal staff, or the principal officer
decisions made by government agencies about
the release of information under the
Government
of an agency made the decision, you cannot ask for an
Information (Public Access) Act 2009 (GIPA Act):
internal review, but you can ask for an external review
(see below).
a) a decision that an application is not a valid
access application
The review must be carried out by an officer who is
no less senior than the person who made the original
b) a decision to transfer an access application to
decision. The review decision must be made as if it
another agency, as an agency-initiated transfer
was a fresh application.
c) a decision to refuse to deal with an access
There is a $40 fee for an internal review application.
application (including such a decision that is
No fee applies for an internal review if the decision is a
deemed to have been made)
‘deemed refusal’ because the agency did not process
your application in time or the internal review is
d) a decision to provide access or to refuse to
conducted because the Information Commissioner has
provide access to information in response to
recommended the agency reconsider its decision under
an access application
section 93 of the GIPA Act. In this case, you cannot be
e) a decision that government information is not
charged any review fee.
held by the agency
The agency must acknowledge your application within
f) a decision that information applied for is already
five working days of receiving it. The agency must
available to the applicant
decide the internal review within
15 working days (this
can be extended by
10 working days if the agency has
g) a decision to refuse to confirm or deny that
to consult with a third party, or by agreement with you).
information is held by the agency
h) a decision to defer the provision of access to
2. External review by the Information
information in response to an access application
Commissioner
i)
a decision to provide access to information in
If you disagree with any of the decisions listed above,
a particular way in response to an access
you can ask for a review by the Information
application (or a decision not to provide access
Commissioner.
in the way requested by the applicant)
If you are the person applying for access to information,
j)
a decision to impose a processing charge or
you do
not have to have an internal review of the
to require an advance deposit,
decision before asking the Information Commissioner
k) a decision to refuse a reduction in a processing
to review it.
charge
If you are not the access applicant, you must seek an
l)
a decision to refuse to deal further with an access
internal review before applying for review by the
application because an applicant has failed to
Information Commissioner. However, if an internal
pay an advance deposit within the time required
review cannot be sought (if a Minister or their personal
for payment
staff, or the principal officer of an agency made the
decision), you can seek a review by the Information
m) a decision to include information in a disclosure
Commissioner.
log despite an objection by the authorised objector
(or a decision that the authorised objector was not
You have
40 working days from being notified of
entitled to object).
the decision to ask for a review by the Information
Commissioner.
You generally have three review options.
information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)
Your review rights under the GIPA Act
Fact sheet
June 2014
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 NSW Civil and Administrative Tribunal (NCAT).
3. External review by the NSW Civil and
Administrative Tribunal (NCAT)
If you disagree with any of the decisions listed above,
you can ask for a review by NCAT. You do not have to
have the decision reviewed internally, or by the
Information Commissioner before applying for review
by NCAT.
You have
40 working days from being notified of the
decision to apply to NCAT 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 NCAT.
For more information
Contact the Information and Privacy Commission
NSW (IPC):
Freecall:
1800 472 679
Email:
xxxxxxx@xxx.xxx.xxx.xx
Website:
www.ipc.nsw.gov.au
information and privacy commission new south wales
www.ipc.nsw.gov.au | 1800 IPC NSW (1800 472 679)