Reviews and Appeals
If you are dissatisfied with the University's decision about your formal request under the Government Information (Public Access) Act ("GIPA Act"), you can apply to the University for an internal review unless the decision was made by the Vice Chancellor. Requests for an internal review must be in writing and you must make the request within 20 days of being informed of the University's decision.
You can also ask for an internal review if the University has not responded in writing to your first application within 21 days - plus 5 days for postage. You then have 20 days to ask for an internal review.
If you are the applicant you do not need to seek internal review of a decision before the Information Commissioner or NSW Administrative Decisions Tribunal may conduct a review.
Internal reviews are conducted by an officer other than the one who made the initial decision. They will not report to the initial decision maker. The University must complete an internal review within 15 days of receiving it, which may be extended by up to 10 working days if further consultation is required.
A fee of $40 for an internal review has been set by the GIPA Act, except in the case of a deemed refusal (meaning the application was not decided in time) where no fee is payable.
If you wish to make a request for internal review please complete the Government Information Internal Review Application Form below:
The GIPA Act provides for two avenues of external review of decisions:
If you made an application for access and are dissatisfied with the decision by the University you have the right to seek review by the NSW Information Commissioner. If you were consulted regarding the release of information and the Univeristy decided to release it contrary to your views you must seek internal review of the decision before going to the Information Commissioner.
Applications for review by the Information Commissioner must be made within 8 weeks of receiving the University's decision.
The Information Commissioner has broad investigative and some coercive powers. The Commissioner can make recommendations considered appropriate, including that the Univeristy reconsider the matter. The University can reconsider an application regardless of whether or not it has conducted an internal review.
For more information see: Office of the Information Commissioner
If you are dissatisfied with a decision made by the Univeristy under the GIPA Act you have the right to seek review by the NSW Administrative Decisions Tribunal. You do not have to seek review by the Information Commissioner before applying to the Tribunal.
Matters must be taken to the Tribunal within 8 weeks of the decision by the University, or 4 weeks after an Information Commissioner review.
The Tribunal has the power to make the "correct and preferable decision" on the merits of the case.
For further information see: NSW Administrative Decisions Tribunal
Updated: 19 June 2012