Use this form if you are applying for an external review by the Information Commissioner of a reviewable decision under the Government Information (Public Access) Act 2009 (GIPA Act).
The Information Commissioner undertakes external reviews of decisions by agencies in deciding access applications under the GIPA Act. Under section 92A of the GIPA Act the Information Commissioner must complete the external review, and make any recommendations to the agency, within 40 working days after the Information Commissioner receives all information the Information Commissioner thinks necessary to complete the review.
The Information Commissioner may seek agreement from you to extend the 40 working day review period. Any agreed extension to the timeframe must also be notified to the agency. You will be advised when the Information Commissioner has received all the information necessary to progress your review, including the date that your external review is due to be completed. You will be advised once the review is completed, including any recommendations made by the Information Commissioner.
If the Information Commissioner does not complete the external review within 40 working days, the Information Commissioner is deemed to have made no recommendations to the agency. This means that the original decision made by the agency stands and you must seek a review by the New South Wales Civil and Administrative Tribunal (NCAT).
- Applications for review by the Information Commissioner do not require the payment of a fee and, in most cases the review can be conducted without you attending the IPC. At the conclusion of the review the Information Commissioner may make recommendations to the agency including a recommendation to reconsider the decision. Reviews by the Information Commissioner are conducted promptly and through an inexpensive process. However, reviews are reliant upon the cooperation of the applicant and the agency – in particular, the provision of information by agencies and applicants. This form highlights the importation that is essential to progressing your application.
- We will need to contact you about the external review, so please provide your name and contact details including one contact number if possible and an email address. If you do not provide this information we may not be able to contact you should we need to discuss your review.
- We will use the information you provide to assess, and undertake your external review application. We will usually provide a copy of your external review application (excluding your contact details) to the agency concerned, and if necessary, others who have relevant information about the external review. By completing and submitting this form you consent to the IPC using your information for these purposes. If you have any questions about this or need held to complete this form, please contact our enquiry line on 1800 472 679.
- Your personal information will be used and stored in accordance with the Privacy and Personal Information Protection Act 1998 (NSW). Further information about how the IPC manages personal information is available in the IPC Privacy Management Plan available at https://www.ipc.nsw.gov.au/privacy-management-plans