EXTERNAL REVIEW

The NSW Government Information (Public Access) Act 2009 provides for two avenues of external review of decisions:

1. Information Commissioner Review

If you made an application for access and are unhappy with the decision by the University you have the right to seek review by the NSW Information Commissioner. If you were consulted regarding the release of information and the University decided to release it contrary to your views you must seek internal review of the decision before going to the Information Commissioner.

Applications for review by the Information Commissioner must be made within 40 working days of receiving the University's decision.

The NSW Information Commissioner has broad investigative and some coercive powers. The Commissioner can make recommendations considered appropriate, including that the Univeristy reconsider the matter. The University can reconsider an application regardless of whether or not it has conducted an internal review.

For more information see: Information and Privacy Commission

2. NSW Civil and Administrative Tribunal (NCAT)

If you are unhappy with a decision made by the Univeristy under the Act you have the right to seek review by the NSW Civil and Administrative Tribunal. You do not have to seek review by the Information Commissioner before applying to the Tribunal.

Matters must be taken to the Tribunal within 40 working days of the decision by the University, or 20 working days after an Information Commissioner review.

The Tribunal has the power to make the "correct and preferable decision" on the merits of the case.

For further information see: NSW Civil and Administrative Tribunal