Review of University Decision
Review Options
If you are unhappy with the University's decision about your formal application under the Government Information (Public Access) Act, you have two options for review:
1. Internal Review
You may ask the University to review the decision - unless the determination was made by the Vice-Chancellor. This is called an internal review. Requests for an internal review must be in writing and you must make the request within 20 days of being told of the University's decision.
You can also ask for an internal review if the University has not responded in writing to your first application within 21 days - plus five days for postage. You then have 20 days to ask for an internal review.
Internal reviews are conducted by an officer more senior than the person who made the original decision. The review decision must be made as if it is a fresh application. The University must complete an internal review within 15 days of receiving it, which may be extended by up to 10 working days if further consultation is required. A fee of $40 for an internal review has been set by the Act, except in the case of a deemed refusal (meaning the application was not decided in time) where no fee is payable.
2. External Review
The Government Information (Public Access) Act provides for two avenues for external review of decisions.
Review by the Information Commissioner
If you made an application for access and are unhappy with the decision by the University you have the right to seek review by the NSW Information Commissioner. If you were consulted regarding the release of information sought by another person, and the University decided to release it contrary to your views, you must seek internal review of the decision before going to the Information Commissioner.
Applications for review by the Information Commissioner must be made within 8 weeks of receiving the University's decision.
The Commissioner can make recommendations considered appropriate, including that the University reconsider the matter.
For more information, please see the IPC website.
Review by the NSW Civil and Administrative Tribunal (NCAT)
If you made an application for access and are unhappy with the decision by the University you have the right to seek review by the NSW Information Commissioner. If you were consulted regarding the release of information sought by another person, and the University decided to release it contrary to your views, you must seek internal review of the decision before going to the Information Commissioner.
If you are unhappy with a decision made by the University under the Act you have the right to seek review by NCAT. If you are an applicant under the Act, you may seek a review from NCAT without first seeking an internal review, or a review by the Information Commissioner.
Matters must be taken to NCAT within 8 weeks of the decision by the University, or 4 weeks after an Information Commissioner review. For further information, please see the NSW Civil and Administrative Tribunal (NCAT) website.
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