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