If you disagree with a reviewable decision made on an access application under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act), you may have a right to appeal for the decision to be reviewed.
Reviewable decisions
A decision is reviewable under section 80 of the GIPA Act where the decision is:
- that the access application is not valid
- to transfer the access application to another agency (where UTS determines the other agency holds the information requested)
- to refuse to deal with the access application
- to provide access or refuse to provide access
- that government information is not held by UTS
- that information applied for is already publicly available
- to refuse to confirm or deny that information is held by UTS
- to defer provision of access to information
- to provide access to information in a particular way, or to not provide it in the way it was requested
- to impose a processing charge or require an advance deposit on top of the access application fee
- to refuse a request to reduce the processing change
- to refuse to deal further with an access application where the applicant has failed to pay the requested advance deposit within the specified time, or
- to include information in the UTS disclosure log despite the applicant or consulted party's objection.
Appealing a decision — avenues for review
If you disagree with a reviewable decision, there are various options for appeal:
- internal review by UTS
- NSW Information Commissioner review
- NSW Civil and Administrative Tribunal (NCAT) review
Internal review by UTS
You can ask UTS for an internal review.
An internal review will be conducted by a different UTS staff member, one who is no less senior than the person responsible for the original decision.
Requesting an internal review
Requests must be in writing and can be made by letter or email. Email requests will not be considered valid until the required application fee is also received. Refer to review fee (below) for further requirements when paying by credit card.
UTS has developed the request for an internal review form (PDF, 806kB) to assist you to prepare and lodge a request for an internal review. Use of this form is optional, but will make it easier to provide the information required.
Timeframe
A request for an internal review must be received by UTS within 20 working days of the date you were notified of the decision you wish to appeal. [1]
Review fee
An application fee of $40 is required for an internal review. The fee can be paid by cheque or Australian Money Order and should be made out to 'University of Technology Sydney'. Payment can also be made by credit card. Please note if paying by credit card, contact the Right to Information officer to make arrangements. Do not send credit card details by email.
No internal review fee is required if:
- your request for review is because UTS has not reached a decision on your original access application by its due date ('c' under reviewable decisions)
- an internal review is commenced following a recommendation by the NSW Information Commissioner (known as a section 93 review).
When an internal review will commence
An internal review will normally commence when a valid request with the associated review fee has been received.
If multiple people have internal review rights (such as the applicant or a consulted third party), a review cannot commence while some people still have time to lodge their own request for review of a decision. Any review will commence once the deadline for lodging internal reviews on the application in question have passed for all people involved.
In cases where UTS accepts a recommendation made by the NSW Information Commissioner to reconsider a decision, an internal review would commence when UTS decides to initiate an internal review.
Internal reviews, once commenced, will usually take up to 15 working days to complete.
Further information
For further information or assistance, contact the Right to Information Contact Officer.
Review by the NSW Information Commissioner
You can ask the NSW Information Commissioner to conduct a review.
If you are the original applicant of an access application, an internal review is not required before a request can be lodged with the NSW Information Commissioner.
If you are not the original applicant, you must first request UTS to conduct an internal review.
Timeframe
An application for review by the NSW Information Commissioner must be lodged with the Commissioner within 40 working days of the date you were notified of the decision you wish to appeal. [1]
Further information
For further information or assistance, see IPC: External review by the Information Commissioner or contact the Right to Information Contact Officer.
Review by the NSW Civil and Administrative Tribunal
You can ask for a review by the NSW Civil and Administrative Tribunal (NCAT).
You do not need to request an internal review by UTS or a review by the NSW Information Commissioner before applying for a review by the NCAT.
Timeframe
You must apply for a review by the NCAT within 40 working days of the date you were notified of the decision you wish to appeal, whether that is a decision of the original access application or a decision under an internal review. [1]
Where a request for review has previously been lodged with the NSW Information Commissioner, any subsequent application to the NCAT must be lodged within 20 working days of being notified that the NSW Information Commissioner's review is complete.
Further information
Further information is available at NCAT: Steps in an access to government information matter.