Overview of section 88(1)(d) RTI 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Section 73 of the repealed FOI Act dealt with the requirements for external review applications under that Act.  There are a number of differences between that section and section 88 of the RTI Act; relevantly, under section 88(1)(d) 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 to be made within 28 days from the day on which written notice of decision was given to the applicant.

Other relevant RTI/IP Act sections

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

Section 191 RTI Act
Section 191 of the RTI Act sets out the content requirements for a written notice of a decision.

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

Section 46 RTI Act
Section 46 of the RTI 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 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