Review of University Decision

Review Options

If you are unhappy with the University's decision about your formal request under the Government Information (Public Access) Act, you have two options for review:

1. Internal Review

You can ask the University to review it - 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.

If you are the applicant you do not need to seek internal review of a decision before the Information Commissioner or NSW Administrative Decisions Tribunal may conduct a review.

Internal reviews are conducted by a more senior officer 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.

Information Commissioner Review

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 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 Office of the Information Commissioner website.

NSW Administrative Decisions Tribunal

If you are unhappy with a decision made by the University under the Act you have the right to seek review by the NSW Administrative Decisions Tribunal. You do not have to seek an internal or review by the Information Commissioner before applying to the Tribunal.

Matters must be taken to the Tribunal within 8 weeks of the decision by the University, or 4 weeks after an Information Commissioner review.

For further information, please see NSW Administrative Decisions Tribunal.

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