Updated resources: internal review and sufficiency of search

March 22, 2016 - 9:31am

We have updated several guidelines with additional information about internal review rights, sufficiency of search, and refusal of access decisions because documents are nonexistent or unlocatable.

It is important to remember that an agency refusing access to documents because the documents are non-existent or unlocatable, and an agency not dealing at all in its decision with documents an applicant believes should exist, are two very different circumstances. The former is a decision that can be internally reviewed because, while it may raise search issues, it is a standard refusal of access decision. The latter raises pure sufficiency of search issues which, on their own, cannot be internally reviewed. (Sufficiency of search issues can, of course, be dealt with as part of an internal review on other grounds.)

For more information contact the OIC Enquiries Service on 07 3243 7373 or enquiries@oic.qld.gov.au