Contents (2009 - 52)
Government Information (Public Access) Act 2009 No 52
Division 2 Internal review by agency
82 Right of internal review
(1) A person aggrieved by a reviewable decision of an agency is entitled to a review of the decision by the agency that made the decision (which is referred to in this Part as an internal review).(2) Internal review of a decision is not available if the decision is made by the principal officer of the agency or a Minister (or a member of the Minister’s personal staff).(3) An internal review can be limited to a particular aspect of a reviewable decision (such as by being limited to particular information to which the decision relates).(4) There is to be no internal review of a decision that is or has been the subject of review by the Information Commissioner under this Part except internal review conducted on the recommendation of the Information Commissioner.(5) There is to be no internal review of a decision that is or has been the subject of an administrative review by NCAT as provided by this Part.
83 Time within which internal review can be applied for
(1) Internal review of a decision cannot be applied for more than 20 working days after notice of the decision is given to the access applicant or (in the case of the deemed refusal by an agency to deal with an access application) more than 20 working days after the deemed refusal.(2) An agency can agree to accept an application for internal review out of time.(3) An agency must acknowledge receipt of an application for internal review by notice to the applicant for review given as soon as practicable after the agency receives the application and in any event within 5 working days after the application is received.
84 Conduct of internal review
(1) An internal review is to be done by making a new decision, as if the decision being reviewed (the original decision) had not been made, with the new decision being made as if it were being made when the access application to which the review relates was originally received.(2) An internal review is not to be done by the person who made the original decision and is not to be done by a person who is less senior than the person who made the original decision.
85 Fee for internal review
(1) A fee of $40 is payable by the applicant for an internal review.(2) No fee is payable for internal review of a decision to refuse to deal with an access application if the decision arises because the agency did not decide the access application within time (and as a result is deemed to have refused to deal with the application).
86 Required period for determination of internal review
(1) An agency must make its decision on an internal review and give the applicant notice of the agency’s decision within 15 working days (the review period) after the agency receives the application for internal review.(2) The review period can be extended by up to 10 working days if consultation is required with another person with whom the agency has not previously consulted in relation to the application.(3) The agency must (before the review period ends) give the applicant notice of any extension of the review period and indicate the date on which the extended review period will end.(4) The review period can also be extended by agreement with the applicant for review.(5) If a decision on the internal review is not made within the review period, the agency is deemed to have made that decision by making the original decision again, and the applicant for review is entitled to a refund of any fee paid to the agency for the review.
87 No processing charges for internal review
(1) An agency is not entitled to impose any processing charges for work done in connection with an internal review.(2) This section does not affect any requirement to pay a processing charge imposed in connection with the original decision (unless the decision on the internal review otherwise requires).
88 No internal review of decision on internal review
A person is not entitled to an internal review of a decision made on the internal review of a reviewable decision.