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RTI and IP Application Decision Reviews

You may ask for a review of a decision regarding the information released if you are not satisfied with any decision regarding your:

  • RTI access application.
  • IP access application.
  • IP amendment application.

Step 1 - Request an internal review (optional)

  • If you are not satisfied with a decision (or any part of it), you can apply for an internal review under Section 80 of the RTI Act or Section 94 of the IP Act (depending under which Act the application was made).
  • An application for internal review must be made to Council within 20 business days from the date of the written notice of the decision under Section 82(c) of the RTI Act or Section 96(c) of the IP Act.
  • Lodge your application in person or via email, post or fax to:
  • The internal review will be undertaken by an officer more senior to the original decision maker. The internal reviewer is required to remake the decision with fresh eyes.
  • You are encouraged to exercise your internal review rights. It gives us the opportunity of improving our services. Using the internal review option gives Council an opportunity to consider additional evidence or information that is raised in an internal review application and conduct any necessary further searches.
  • However, you do not have to request an internal review and may directly apply for an external review by the independent information commissioner.

Step 2 - Request an external review

If you are not satisfied with Council's internal review decision or you wish to go directly to external review, you may apply for an external review by the Office of the Information Commissioner under Section 85 of the RTI Act or Section 99 of the IP Act. External reviews may take four to five months to complete. There is no fee for making an external review application.

An external review application must:

  • Be in writing
  • Be made within twenty (20) business days from the date on the decision notice
  • Provide an address
  • Give details of the decision for review

Lodge your application with the OIC online, via email, post or in person at:

Office of the Information Commissioner
Level 7, 133 Mary St, Brisbane
PO Box 10143, Brisbane QLD 4000
Email administration@oic.qld.gov.au
Web www.oic.qld.gov.au

Although it is not a requirement, you may also include the following information which may assist the OIC in early assessment and processing of your application:

  • Reasons for the application for external review
  • Relevant background information
  • Copies of decisions received from and correspondence exchanged with the agency
  • Any other relevant documents or information to support the application.

Please note:

  • You are not entitled to seek a review of the amount of a charge stated in a charges estimate notice (Sections 81(e) and 86 of the RTI Act).
  • The Information Commissioner may change or confirm the decision made on your application or try to mediate a settlement between the parties.

For more information about requesting an external review, visit the Office of the Information Commissioner website.

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