52 Internal review

(1) A person who is aggrieved by any of the following decisions is entitled to a review of the decision—

(a) a decision under this part;

(b) a decision that this Act, or a part of this Act, does not apply to an entity—

(i) because the entity is not an agency for this Act; or

(ii) because of section 11 or 12 or another Act;

(c) a decision that this Act, or a part of this Act, does not apply to a document because of section 11, 11A, 11B, 11C or 12 or another Act;

Schedule 3 lists provisions of other Acts that exclude or limit the operation of this Act—see section 11D.

(d) a decision of the agency or Minister that the applicant is not entitled to access because of section 11E.

(2) An application for review of a decision must—

(a) be in writing; and

(b) state an address to which notices under this Act may be sent to the applicant; and

(c) be lodged at an office of the agency or the Minister within 28 days after the day on which written notice of the decision was given to the applicant or within the further time the agency’s principal officer or the Minister allows (whether before or after the end of the 28 day period).

(3) A person is not entitled to a review under this section of a decision made—

(a) on an application made under this section; or

(b) by an agency’s principal officer; or

(c) by a Minister.

(4) An application under this section must not be dealt with by—

(a) the person who dealt with the original application; or

(b) a person who is less senior than that person.

(5) The reviewer must decide the application as if it were a fresh application under section 25.

(6) If an agency or Minister does not decide an application and notify the applicant of the decision within 28 days after receiving it, the agency’s principal officer or the Minister is taken to have made a decision at the end of the period affirming the original decision.

(7) A person is aggrieved by a decision only if section 52A(1), (3) or (4) applies.