6. Rights of Review and Appeal

Where a member of the public is refused access under a Formal Access to Information Request, staff will provide details of the reasons for refusal to the member of the public in writing. An applicant who has been refused access by Council to information requested under a formal request for access to information under the GIPA Act has three options of review available.

  1. Applicants can apply to Council for an internal review. This is review by someone more senior than the original decision maker and there is a $40 fee. Applicants have 20 working days from receiving notice of a decision to ask for an internal review.
  2. If an applicant is not satisfied with the internal review, or does not want one, they can ask for a review by the Information Commissioner. Applicants have eight weeks from being notified of a decision to ask for this review.
  3. If an applicant is not satisfied with the decision of the Information Commissioner or the internal reviewer or if they do not want to take these options they can apply to the Administrative Decisions Tribunal (ADT). If the applicant has already had a review by the Information Commissioner they have four weeks from notification of the decision to make this application. If they haven’t had a review by the Information Commissioner they have eight weeks from notification of the decision to make this application.

It is noted that there are no rights of review in respect of Informal Access to Information Request, but the applicant may make a Formal Access to Information Request at any time.