Outlining applicant review rights - sample text

Decision makers could consider including the following text about review rights as part of their notice of decision (or ‘decision letter’) when a reviewable decision has been made.  For a list of reviewable decisions see the definition in schedule 5 of the Information Privacy Act 2009 (Qld) and schedule 5 of the Right to Information Act 2009 (Qld).

Note that if the decision has been made by the principal officer (including deemed decisions), or it is an internal review decision, the applicant only has the right to seek an external review.

Your review rights

If you are not satisfied with my decision you have the right to apply for an internal review and/or external review of the decision.

Internal review

Internal review means that another officer of our agency who is at least as senior as the original decision maker will consider your application afresh and make a new decision as if the original decision had not been made.

Your application for internal review must:

  • be made in writing
  • provide a postal or email address where we can send you written notices
  • be made within 20 business days of the date on this letter; and
  • be lodged at our office.

Your application for internal review can be lodged in the following ways:

{{{Insert agency contact details (eg, attention to RTI Officer or unit, postal address, email, fax)}}}

We will notify you of the decision as soon as practicable but no later than 20 business days from the date that we receive your valid internal review application.  If you are still not satisfied with the internal review decision you can then apply to the Information Commissioner for an external review.

If you do not wish to make an internal review application, you can apply immediately to the Information Commissioner for an external review (without first applying for an internal review).

If you have any questions please contact me on {{{insert contact details}}}.

External review

External review is a process which allows for decisions made by agencies under the RTI Act and IP Act to be independently reviewed by the Information Commissioner.

An external review application must:

  • be made in writing
  • give details of the decision you are applying to have reviewed
  • provide a postal or email address where the Information Commissioner can send you written notices
  • be made within 20 business days of the date on this letter; and
  • lodged with the Office of the Information Commissioner.

Your application for external review can be submitted in the following ways:

In person: Level 7, 133 Mary Street, Brisbane

Post: Office of the Information Commissioner,  PO Box 10143, Adelaide Street,  Brisbane QLD 4000

Email: administration@oic.qld.gov.au

Online:  http://www.oic.qld.gov.au/about/right-to-information/apply-for-external-review-of-an-access-or-amendment-decision

There is no fee for making either an internal or an external review application. More general information about review rights is available on the Office of the Information Commissioner website at www.oic.qld.gov.au.

If you have any questions please contact me on {{{insert contact details}}}.

Current as at: September 11, 2018