In respect of formal applications, Council will notify applicants of the decision on an application within 20 working days, unless the applicant agrees to extend the time. Council may also extend the time by up to 15 working days where consultation with a third party is required or if Council needs to retrieve records from archives.
If access is deferred by Council, then Council will notify the applicant and include the reason for deferral and the date on which the applicant will be given access. A decision to defer access is reviewable. If Council does not decide the applicant's access application within the above timeframes, it is deemed 'refused'. Council will refund the application fee and the applicant may seek internal or external review of this refusal. This will not apply if an extension of time has been arranged or payment of an advance deposit is pending.
Rights of Review and Appeal
Where a member of the public is refused access under a formal application under GIPA Act, staff will provide details of the reasons for refusal to the member of the public in writing. An applicant who has been refused access by Council to information requested under a formal request for access to information under the GIPA Act has three options of review available.
- Applicants can apply to Council for an internal review. An internal review is not completed by the original decision maker and is completed by someone at the same level of seniority or higher. A fee of $40 is payable by the applicant for an internal review. Applicants have 20 working days from receiving notice of a decision to ask for an internal review. Internal Review Application196KB pdf(PDF, 196KB).
- If an applicant is not satisfied with the internal review, or does not want one, they can ask for a review by the Information Commissioner. Applicants have 40 working days from being notified of a decision to ask for this review. Contact the Information Commissioner on freecall 1800 472 679 or at its website at www.ipc.nsw.gov.au.
- If an applicant is not satisfied with the decision of the Information Commissioner or the internal reviewer or if they do not want to take these options they can apply to the NSW Civil and Administrative Tribunal for an administrative review. If the applicant has already had a review by the Information Commissioner the application must be made within 20 working days from notification of the decision to make application. If they haven't had a review by the Information Commissioner the application must be made within 40 working days from notification of the decision to make application.
This page was last updated on: 19 January 2017