Relevance to the RTI Act

Section 88 of the RTI Act deals with applications for external review. Importantly, the requirement under section 73(3) of the FOI Act that persons apply first for internal review (unless the initial decision was made by a Minister or principal officer) is not replicated in the RTI Act.

There are a number of differences between section 73 of the FOI Act and its RTI Act equivalent; relevantly, under section 88 of the RTI Act an application must be made within 20 business days from the date of the written notice of decision, whereas section 73(1)(d) of the FOI Act required an application be made within 28 days from the day on which written notice of the decision was given to the applicant.