You have a right to request a review of a decision regarding the release of information if you disagree with any of the specified agency decisions as set out under the GIPA Act, s80.
For further information, refer to the Information and Privacy Commissioner Fact Sheet on your Review Rights under the GIPA Act available from www.ipc.nsw.gov.au or by calling 1800 472 679.
There are three options to have a decision reviewed:
- Internal review - you can apply to Murrumbidgee Local Health District (MLHD) for an internal review. The review is undertaken by someone more senior to the original decision maker. There is a $40 fee (except if there is a “deemed refusal” because the MLHD did not process your application in time). You have twenty working days from the time you received the notice of decision to ask for an internal review. A request for an internal review should be made using the MLHD Internal Review Form or in a letter.
- External review by the Information Commissioner – if you are not satisfied with the internal review or do not want one to be conducted by the MLHD you can ask for a review by the Information Commissioner. You have eight weeks from being notified of the decision to ask for this review.
- External review at the NSW Civil and Administrative Tribunal (NCAT) – If you are not satisfied with the decision of the Information Commissioner or the MLHD internal reviewer or you do not want to take these options you can apply to the NCAT. If you have already had a review by the Information Commissioner, you have four weeks from notification of the decision to make this application. If you have not had a review by the Information Commissioner you have eight weeks from notification of the decision to make this application.
What is an internal review?
An internal review is conducted by someone who is not less senior than the person who made the decision and who was not involved in the original decision. The reviewer will make a new decision as if the original decision had never been made.
You can apply for an internal review within 20 working days of a decision (or, if we don't decide your application in time, within 20 working days of the date it should have been decided which is the date of deemed refusal).
A $40 application fee is payable. Details on payment of the application fee and how to lodge the review application are given on the application form.
You do not need to pay an internal review application fee if we did not decide your application on time. No other charges are involved. The internal review application fee may be refunded if the review decision is significantly different from the original decision.
The internal review will be decided within 15 working days of receiving the application for an internal review. This may be extended by up to 10 working days if we need to consult another person whom we did not previously consult, or by agreement with you.
To request an internal review, you can write to MLHD:
The Right to Information Officer
Murrumbidgee Local Health District
Locked Bag 10
Wagga Wagga NSW 2650
Or email: MLHD-GIPA@health.nsw.gov.au
What is a review by the Information Commissioner?
If you formally applied for information and don't agree with the internal review decision or do not want one, you can ask for a review by the Information and Privacy Commission NSW (IPC). You will have 40 working days to ask for this review.
Other people who are affected by a decision they are not happy with must first apply for an internal review before applying to the Information Commissioner. This includes third parties consulted as part of processing and making a decision in respect of an access application.
There is no cost involved in seeking a review by the Information Commissioner and no time limit imposed on the Information Commissioner for completing a review.
The Information Commissioner can make recommendations to us about the decision, including that we reconsider the decision and make a new one (even if an internal review decision has been made).
What is a review by the NSW Civil and Administrative Tribunal?
If you don't agree with the Information Commissioner's or the internal reviewer's decisions or you do not want any of these reviews, you can apply to the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal for a review.
If you have already had a review by the Information Commissioner, you will have 20 working days from when the Information Commissioner advises of the completion of the review to apply to the Tribunal.
Otherwise, you will have 40 working days from the date of the decision to apply to the Tribunal. Contact the Tribunal for advice about the process and any fees payable.
We have to justify our decision to the Tribunal. However, a third party (that is, someone who has not applied for the information but is affected by our decision to release information) who seeks a review will have the burden of showing that there is an overriding public interest against disclosure of information.
Information and Privacy Commissioner
Level 11, 1 Castlereagh Street,
Sydney NSW 2001
Ph: 1800 472 679
NSW Civil and Administrative Tribunal
Level 12, 175 Castlereagh Street, GPO Box 4005
Sydney NSW 2001
Ph: 1300 006228
Fax: 02 9307 6301