Asking for a Review of a Decision
If you are dissatisfied with a decision made by the agency in relation to your FoI request, then you are entitled to have the decision reviewed. The FoI Act uses the term "review" rather than "appeal".
There are two stages to the review process. - A review can be conducted by the Head of Agency responsible for providing you with the decision. This is called an "internal review". If this process does not resolve the matter then you can seek a review by the Ombudsman who is independent of any agency. This is called "external review".
What Decisions Can be Reviewed?
You can ask for a review of any of the following decisions about your FoI request:
- the agency's estimate of the expected charge for the information;
- the agency's refusal to grant access to all or part of the information; or
- the agency's refusal to amend personal information which it holds about you.
You can ask for a review of any decision made to provide information about your personal affairs (or business information in the case of an undertaking) to another person.
How Do I Seek a Review?
Once you have been notified of the agency's decision, you have 28 days in which to apply for an internal review of that decision.
Your application should be in writing, addressed to the Secretary (the Secretary is also know as the Head of Agency) as follows:
The Secretary
Department of Health and Human Services
GPO Box 125
HOBART TAS 7001.
The Secretary or an authorised person, will make a decision on your application and notify you within 14 days.
What If I Am Still Dissatisfied?
You are entitled to appeal to the Ombudsman against any decision made in relation to your request. Where a decision is made initially by the head of an agency or a Minister, you can apply directly to the Ombudsman. However in most cases you may only do so after seeking an internal review by the agency as described above.
You should apply to the Ombudsman in writing no later than 60 days after receiving the decision of the head of agency.
If you wish to appeal against the release of your personal information to another person (or the release of business information if you are a business undertaking) then your application to the Ombudsman must be made within 28 days.
The Ombudsman will make a decision on your application within 30 days. This period may be extended if you agree to such an extension.
What are the Ombudsman's Powers?
The Ombudsman will reconsider the agency's decision in accordance with the Freedom of Information Act 1991. The Ombudsman is bound by the Act, but may nevertheless come to a different conclusion than the agency.
For example, the Ombudsman may decide that, although the information you request is confidential, it is not exempt because it would be in the public interest to release it.
In coming to a decision, the Ombudsman has wide powers to view the information held by an agency. The Ombudsman must inform the agency of its decision and the agency must implement or comply with the decision.
The Ombudsman has a number of other powers under the Act, including the power to allow an agency further time to deal with a request.