Section 85 of the RTI Act provides that ‘a person affected by a reviewable decision’ can apply for external review. This will usually be the access applicant, however, any person affected by a reviewable decision can apply for review. This includes a third party, for example, where that party objects to information being disclosed in response to an access application.
A ‘reviewable decision’ is a decision1 in relation to the applicant’s access application that can be reviewed by the Information Commissioner.
Schedule 6 of the RTI Act provides an exhaustive list of ‘reviewable decisions’.
Section 86 of the RTI Act specifically disallows external review of a ‘decision about the amount of a charge stated in a charges estimate notice’.
Where the applicant has narrowed the access application, the reviewable decision will relate to that narrowed application and the original application cannot be used to broaden the scope.2 This is the case even where the access application has been revised at the suggestion of the agency or Minister.3
Last updated: May 20, 2013