Rights of Review
There are rights to review a decision made by the Public Officer. A full list of reviewable decisions is set out in Section 80 of the GIPA Act.
If an access application has been refused, there is a general right to seek an internal review of the decision. An internal review must be applied for within 20 working days of the original decision and is subject to a fee. Internal review involves a senior person in the agency reviewing the decision to reject the access to information application.
Role of the Information Commissioner
The Information Commissioner can review a decision to refuse access to information if requested by the applicant, notwithstanding any internal review being undertaken. However, for other persons seeking review, an internal review must first be undertaken. The Information Commissioner also deals with complaints under the GIPA Act.
Office of the Information Commissioner
The Office of the Information Commissioner has been established to oversee the GIPA Act and sits within the Information and Privacy Commission for New South Wales.
If you require any other advice or assistance about access to information you may contact the Information Commissioner by:
Telephone: 1800 472 679 (free call) Monday to Friday, 9.00 am to 5.00 pm (excluding public holidays)
Fax: 02 6446 9518
Mail: GPO Box 7011, Sydney NSW 2001 or visit in person at Level 15, McKell Building, 2-24 Rawson Place, Haymarket NSW 2000.
External Review (Administrative Decisions Tribunal)
Applicants also have formal avenues via the New South Wales Civil and Administrative Tribunal (NCAT) to review the decision to refuse access. This application must be made within eight weeks of the original decision or four weeks after a review undertaken by the Information Commissioner.
Should you wish to purse this avenue of review, please contact NCAT on 1300 006 228 Monday to Friday, 9.00 am to 4.30 pm (excluding public holidays).