In effect from: 1 July 2025

RTI Act review rights

The Right to Information Act 2009 (Qld) (RTI Act) gives people the right to access and amend agency or Minister documents, subject to the exceptions and limitations in the RTI Act.

It someone affected by a reviewable decision disagrees with the decision, they have the right to apply for an internal or external review, unless it is a decision which can only be externally reviewed.

Note: references to an agency on this page include a Minister.

This page:

  • explains internal and external reviews.
  • provides guidance on how to process an internal review.
  • outlines the external review process.
  • discusses when an application can be referred back to the agency.

Internal Review

Internal review is a review by the agency that made the reviewable decision. All decisions, including sufficiency of search, can be internally reviewed except for:

An internal review application must comply with section 82 of the RTI Act and be lodged with the agency within 20 business days of the date of the reviewable decision. The agency has the discretion to accept it after this time.

An internal review decision cannot be decided by the same person who made the decision that is being internally reviewed, or by a person who is less senior than that person.

An internal review decision must be delivered by the end of the Internal Review Processing Period (IRPP). If an internal review decision is not given to the applicant by the end of the IRPP, the principal officer or Minister is taken to have affirmed the original decision.

Who can apply for internal review

Anyone affected by the reviewable decision can apply for internal review. This will generally be either the applicant or a consulted third party.

Sufficiency of search on internal review

The reviewable decisions listed in schedule 4A include a decision that purports to, but may not, be a decision on all documents requested in an access application. A review of this type of decision is often referred to as a sufficiency of search review. The question of whether an agency has taken all reasonable steps to identify and locate the documents applied for may be the sole issue in an internal review, or one of a number of reviewable decisions.

When is an internal review application compliant?

Under section 82, an application for internal review must:

  • be made in writing
  • provide an address to which written notices can be sent; and
  • be lodged at an office of the agency within 20 business days from the date stated on the notice of decision or within the further time permitted by the agency.

There is no fee for internal review applications and the applicant does not need to re-supply any evidence of identity or authority required when they made their initial application.

Who can make an internal review decision

An internal review must be decided by an appropriately delegated officer who is no less senior than the original decision maker.  It must not be conducted by the original decision maker.

Internal review processing period

The internal review applicant must be given an internal review decision by the end of the internal review processing period (IRPP). Section 82A defines the IRPP. It starts at 20 business days from the valid application day and is extended in three circumstances.

The valid application day is the day that the agency has an internal review application which complies with section 82. The three circumstances that extend the IRPP are set out in the table in section 82A and explained below.

Postal address only

If the applicant has only provided a postal address to which written notices can be sent by the valid application day, the IRPP is extended by five business days. The agency is entitled to those five business days even if the applicant later provides, for example, an email address. Once the internal review application is compliant with only a postal address, the five business days are locked in.

Consultation

The IRPP is extended by 10 business days if the agency seeks the views of a concerned third party.

A request for a further specified period

At any time before the end of the IRPP, the internal review decision maker can ask the applicant for more time to work on the internal review. This is described as a further specified period. While there is no limit on the length of a further specified period or how many can be requested, the internal review decision maker must make a decision as soon as possible.

The further specified period needs to be requested in business days. This allows those business days to simply be added to the IRPP.

Requesting a further specified period extends the IRPP by the length of the further specified period unless and until the applicant brings the further specified period to an end by:

  • refusing the request; or
  • applying for external review.
Ending the further specified period by refusing the request

If the applicant refuses a request for a further specified period, the IRPP ends when the agency receives their refusal. The applicant can refuse the request at any time, even if they previously agreed to it.

Ending the further specified period by applying for external review

The applicant can end the further specified period by applying for external review under section 86B, but only if the IRPP has ended. For example, if the IRPP was 35 business days (due to a postal address and consultation), and the agency asked for a further specified period of 10 business days, the applicant could apply for external review on day 36. However, they could not apply for external review on day 34 of the IRPP because the agency was not yet relying on the extra days from the further specified period.

If the applicant ends the further specified period by applying for external review, section 86B(3) provides that the principal officer or Minister is taken to have made a decision affirming the decision under review as if the further specified period had never been requested, i.e. on the last day of the IRPP. In the example above, the deemed decision would be taken to have been made on day 35 of the IRPP.

Notice of the affirmed decision does not need to be given to an internal review applicant who applies for external review under section 86B.

If internal review decision makers think that an applicant may have applied for external review under section 86B, they should contact the Office of the Information Commissioner before sending their internal review decision.

Processing an internal review application

An internal review decision is a fresh decision on the original access application as if the reviewable decision had not been made. This means the internal review decision maker must consider all relevant documents again and decide to release documents unless it is contrary to the public interest to do so (keeping in mind the pro-disclosure bias required by the legislation).

An applicant cannot change their application during the internal review to ask for more or different documents than they originally applied for.

Sufficiency of search issues

If the internal review involves sufficiency of search, the internal review decision maker needs to assess the searches conducted by the initial decision maker and any additional information provided by the internal review applicant. The internal review decision maker determines if it is necessary to conduct additional searches to identify and locate the documents applied for by the applicant.

Third party consultation

If it is reasonably practicable, agencies must seek the views of third parties who would reasonably be concerned about the release of information.

If the internal review decision maker locates additional documents during the internal review, they need to consider if there is a need to consult. Third party consultation is only required if the third party would reasonably be concerned about release and the internal review decision maker has decided to release it. As noted above, the IRPP is extended by ten business days if it is necessary to consult with a third party or parties.

If the internal review officer makes a decision to release documents contrary to the views of a consulted third party, they must give the third party prescribed written notice of their decision and defer access to the documents pending expiry of the period for seeking external review.

Notice of decision

Prescribed written notice of the internal review decision must be given to the applicant by the end of the IRPP. If the internal review decision maker is not able to deliver the decision in time, under section 83(3), they must give the internal review applicant notice that the principal officer or Minister is taken to have affirmed the decision.

Disclosure log

If access to additional documents is granted on internal review the Disclosure Log rules apply.

External review

An external review is a review by the Information Commissioner of a reviewable decision. A judicial function decision and a decision about the amount of the charge stated in a charges estimate notice cannot be externally reviewed.

An external review application must comply with section 88 of the RTI Act and be lodged with the Office of the Information Commissioner within 20 business days of the date of the reviewable decision. The Information Commissioner has the discretion to accept it after this time.

Informal resolution

The Information Commissioner will attempt to resolve reviews informally. Section 94A of the RTI Act supports informal resolution by authorising access by agreement, without a formal decision.

Giving access

If an agency agrees to give access to a document, or part of a document, to a participant in an external review, the agency is authorised to give that access, and the external review continues as if the review did not apply in relation to the document or part.

Search issues and referral during an external review

Reviewable decisions under the RTI Act which raise search issues are:

  • a decision that purports to, but may not, cover all documents in scope of the application (referred to as sufficiency of search); and
  • a decision to refuse access because a document is nonexistent or unlocatable.
How are search issues handled during an external review?

The onus is generally on the agency to demonstrate that its searches were sufficient, and it located all documents within the scope of an application.  For a documents non-existent or unlocatable decision, the agency will need to demonstrate it met certain specific criteria.

The OIC will advise the agency if search issues are being considered during the review.

Referral back to the agency

If the reviewable decision was a deemed decision, under section 93 of the RTI Act, the Information Commissioner can give the agency extra time to finish processing the application and make a considered decision.

If additional documents falling within the scope of an access application are identified during an external review, section 105A of the RTI Act allows the Information Commissioner to consult with the agency and refer those documents back to the agency to make a considered decision. On the day of referral, the applicant will be taken to have made a new, fully compliant access application for the additional documents, with no access or processing charges payable. The external review will continue, minus those documents.

Also, if an agency’s decision is a relevant decision that addresses certain matters other than access to the requested documents, and the Information Commissioner would set aside the agency decision and believes it would be more efficient and effective for the agency to make a decision about access, sections 110A and 110B of the RTI Act allow the Commissioner to consult with the agency and direct the agency to make a decision about access. A new, fully compliant application will be taken to have been made 21 business days after the Commissioner gives notice of this.

Submissions

As part of assessing the sufficiency of an agency’s searches, the OIC may request agency submissions which set out:

  • the locations which were searched
  • the reasons those locations were chosen (including references to relevant record keeping policies and practices)
  • the search terms used in searching any electronic databases; and
  • any explanation of why the documents do not exist or cannot be located.

The OIC will also require a record of the agency’s searches and signed search certification forms from officers involved in the searching and may ask the agency to undertake additional searches and enquiries to demonstrate all reasonable steps have been taken to locate relevant documents.

Informal resolution

The OIC seeks to informally resolve issues under review. As part of informally resolving sufficiency of search issues, the OIC asks agencies to provide submissions in a format which can be disclosed to the applicant. If the agency is concerned about any part of its submissions being provided to the applicant, the agency should advise the OIC of its concerns.

The OIC may also request information directly from officers in the relevant business unit involved in the creation and/or recordkeeping of relevant documents, as these officers have detailed knowledge of these practices and procedures.

If a review cannot be resolved informally, the OIC will issue a formal decision.

Location of additional documents

Referral back to the agency

If additional in scope documents are identified during the external review of an access application, section 105A of the RTI Act allows the OIC to refer those documents back to the agency to make a decision if:

  • referral would be a more efficient and effective way for an access decision to be made on the documents; and
  • it is reasonably likely that the agency would be able to make an access decision consistent with the primary object of the RTI Act.

The OIC will consult with the agency before any referral occurs. If the documents are referred, the external review will continue minus those documents.

If the OIC refers the additional documents back to the agency, the applicant is taken to have made a new, fully compliant access application to the agency for those additional documents. No access or processing charges are payable for the new application.

The valid application day for the application will be the day the documents were referred back to the agency. The applicant does not need to pay an application fee or provide evidence of identity or authority if the agent is unchanged from the initial application. If the applicant has a new agent acting for them, the valid application day will be the day the agency receives evidence of authority for the new agent.

Additional documents not referred

If additional documents are not referred back to the agency, they will be considered by the OIC during the review. The same informal resolution process that applies to other documents in issue may apply, so the OIC may seek:

  • the agency's agreement to release some or all of the additional documents where, consistent with the objects of the Act, it would be appropriate to do so, and/or
  • the applicant's agreement to remove additional documents from the external review where release would not be appropriate.

If access to the additional documents cannot be informally resolved, the OIC will issue a formal decision.

Print Page
Back to top