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).
Only deemed decisions, healthcare decisions, internal review decisions and decisions made by the Minister or principal officer personally cannot be internally reviewed.
Decision makers need to ensure that the wording in the template is tailored to be accurate for the specific situation.
Your review rights
If you are not satisfied with my decision you have the right to apply for a review of my decision. You can apply for an internal review or an external review.
If you apply for an internal review and are not happy with the outcome, you will be able to apply 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).
There is no fee for making an internal or an external review application. More information about review rights is available on the Office of the Information Commissioner website at https://www.oic.qld.gov.au/guidelines/for-community-members/information-sheets-access-and-amendment/explaining-your-review-rights-a-guide-for-applicants.
[OR - delete whichever does not apply]
If you are not satisfied with my decision you have the right to apply to the Office of the Information Commissioner for an external review of my decision. There is no fee for an external review.
More information about review rights is available on the Office of the Information Commissioner website at https://www.oic.qld.gov.au/guidelines/for-community-members/information-sheets-access-and-amendment/explaining-your-review-rights-a-guide-for-applicants.
Internal review [Delete this section if it does not apply]
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 internal review application.
If you are not satisfied with the internal review decision you can apply to the Information Commissioner for an external review of the internal review decision.
If you have any questions please contact me on [Insert phone number and email address].
External review
External review allows reviewable decisions made 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 11, 53 Albert St (by appointment only)
Post: Office of the Information Commissioner
PO Box 10143, Adelaide Street
Brisbane QLD 4000
Email: administration@oic.qld.gov.au
Online: www.oic.qld.gov.au
If you have any questions please contact me on [phone number].
Current as at: July 11, 2024
