RTI review rights 

This page explains the difference between an internal review and an external review and how apply for a review.

You cannot apply for an internal review or an external review unless you have a reviewable decision.

You cannot apply for an internal review and an external review at the same time.

When we say agency on this page, we also mean a Minister.

Important

You only have 20 business days from the date of your decision to apply for a review. 

Internal review 

An internal review is a review done by the same agency you applied to. It will be done by a different officer who is at least as senior as the original decision maker.

The internal review officer will consider your application and the documents and make a new decision as if the first decision had not been made.

There is no fee for internal review applications.

How do I apply for an internal review?

An application for internal review must:

  • be in writing
  • provide an address where correspondence can be sent (this can be an email or a postal address)
  • be made within 20 business days from the date on the decision notice, not 20 business days from when you received the notice
  • be sent to the agency. If you are not sure where to send it, contact the person who made the first decision.

How long does an internal review take?

The agency has 20 business days to give you written notice of the internal review decision. This time can be extended, for example, if they have to consult with a third party. They can also ask you for extra time.

If the internal review decision maker does not give you a decision in time, they will be taken to have upheld the original decision. You can apply to the OIC for an external review if this happens.

What are the advantages of an internal review?

Applying for internal review means you have two opportunities for review, since you can seek an external review if the internal review does not resolve your concerns.

An internal review will be quicker than an external review.

As part of your internal review, you can submit new arguments and evidence for consideration by the agency.

External review

You can apply for an external review from the OIC if you:

  • disagree with the agency’s decision on your application
  • disagree with the agency’s decision on your internal review application
  • think the agency didn’t find all the documents you applied for
  • had a deemed decision made on your application
  • received a healthcare decision you disagree with.

An external review reconsiders all aspects of the reviewable decision. During the review you will have a chance to make submissions.

How do I apply for an external review?

Applications for external review must be made within 20 business days from the date on your decision notice.

If your application was deemed and you did not get a notice of deemed decision, you have 20 business days from when you became aware your application was deemed.

You must apply in writing and include:

  • your name
  • address and contact details
  • details of the decision for review, including the date of the decision and the name of the agency you applied to.

Your application can be lodged using the external review application form or sent to us by post or email.

There is no fee for making an external review application.

It can be helpful if you also:

  • tell us why you want an external review
  • send us copies of your decision notice or notices
  • send us any other documents or information which supports your application.

You can upload these to the online form.

Can I make a late application for review?

If you don’t send us your external review application before the 20 business days is up, we may not accept it. The Commissioner will consider:

  • How long the delay has been and what caused it.
  • What the 'the balance of fairness' requires. This means we will look at whether or not any prejudice would be caused to the applicant if we don’t accept it or to the agency or third parties if we do accept it.
  • The application's merit. This means looking at how likely the application is to succeed, taking into account whether it raises genuine issues and/or disclose a reasonably arguable case with reasonable prospects of success.

How long will an external review take?

It will vary depending on the circumstances of each application.

The OIC’s early resolution process aims to resolve external reviews as quickly as possible. If the external review involves complex issues, large numbers of documents, or unexpected delay from the agency it may take significantly longer.

The OIC will work with all participants of an external review to encourage settlement of the review without the need to issue a formal decision. This may be done by discussing the merits of an application with participants in the review, or asking participants to consider resolving the matter based on OIC’s view.

Where an external review cannot be informally resolved, the OIC will proceed to make a formal decision in the matter. Reviews requiring a formal decision may take up to one year to finalise.

The OIC’s role during an external review can include:

  • reviewing decisions about whether documents are exempt or contrary to the public interest to release
  • identifying whether agencies have taken all reasonable steps to locate relevant documents
  • deciding applications by agencies for extensions of time to process applications
  • deciding whether to accept late external review applications.

The RTI Act requires the OIC to resolve external review applications informally wherever possible.

If informal resolution is not successful, the OIC will make a formal decision will be issued. It will either affirm, change, or set aside the agency’s decision.

Formal decisions must be published on OIC’s website.

An external review can involve some or all of the following stages:

  • Preliminary inquiries - establishing whether the OIC has jurisdiction to conduct the requested review.
  • Early assessment and resolution—obtaining documents and any other relevant background information, identifying opportunities for informal resolution and negotiating settlement of the review.
  • Informal resolution and preliminary view—forming a preliminary view on the issues remaining in dispute in the review and informing participants orally or in writing of the preliminary view.
  • Inviting written submissions from the participants—these are sought to obtain a participant’s views about the issues in dispute. Sometimes relevant information must then be given to other participants. This is a matter of procedural fairness.
  • Decision—making a written determination on the issues in the review.

During an external review, the OIC cannot:

  • Provide legal advice of any kind, whether it relates to an external review matter or not.
  • Investigate complaints about the conduct of agencies or the actions of agency officer including about how they handled an application.
  • Answer questions about the content of released documents.
  • Investigate complaints about agency’s record keeping practices.
  • Assist with privacy complaints about Queensland government agencies.
  • Provide information about RTI matters unrelated to your external review.

Assist with privacy or other complaints or information access requests relating to Commonwealth government departments, private businesses or organisations, including real estate agents, private medical facilities or insurance companies.

Do I have any review rights after an external review?

There is a limited right to appeal a formal external review decision to the Queensland Civil and Administrative Tribunal (QCAT).

An appeal to QCAT can only be made on a question of law. There is no right of appeal if:

  • you disagree with the outcome of the external review
  • if the external review is informally resolved.

The OIC will not be involved if an external review decision is appealed to QCAT. Only you, the agency, and any third parties will be part of the appeal.