Overview of Section 101(1)(d) IP Act

Section summary

An application for external review must be made within 20 business days from the date of the written notice of decision, unless a longer period is allowed by the Information Commissioner.

Background

Section 73 of the repealed FOI Act dealt with the requirements for applications for external review under that Act.  There are a number of differences between that section and section 101(1)(d) of the IP Act; relevantly, under section 101(1)(d) of the IP 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 to be made within 28 days from the day on which written notice of the decision was given to the applicant.

Other relevant RTI/IP Act sections

Section 199 IP Act
Section 199 of the IP Act sets out the content requirements for a written notice of decision.

Chapter 3, part 9, divisions 1 and 2 IP Act

Chapter 3, part 9 of the IP Act deals with external reviews.  Divisions 1 and 2 specifically concern applications for external review.

Section 88 RTI Act
Section 88 of the RTI Act replicates section 101 of the IP Act.

Section 66 IP Act
Section 66 of the IP Act provides that if no written notice of decision is provided to the applicant by the end of the processing period, the principal officer of the agency or the Minister is taken to have made a deemed decision refusing access to the documents, on the final day of the processing period.  As soon as practicable after a deemed decision is taken to have been made, the applicant must be provided with a written notice of the deemed decision.

Last updated: June 23, 2014