New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 47

47 Internal review

(1) A person who is aggrieved by a determination made by an agency is entitled to a review of the determination.

(2) An application for review of a determination:

(a) shall be in writing, and

(b) shall be addressed to the principal officer of the agency, and

(c) shall specify an address in Australia to which notices under this Act should be sent, and

(d) shall be lodged at an office of the agency:

(i) if notice of the determination was given to the applicant-within 28 days after that notice was given, or

(ii) if no notice of the determination was given to the applicant-within 49 days after the application was received by the agency, or

(iii) in any case, within such further time as the principal officer of the agency may allow.

(3) A person is not entitled to a review of:

(a) a determination of an application made under this section, or

(b) a determination that has been made by the principal officer of an agency.

(4) An application under this section shall be dealt with in accordance with this Part as if it were an application under section 40.

(5) An application under this section shall not be dealt with by the person who dealt with the original application under section 40 or by a person who is subordinate to that person.

(6) An agency that fails to determine an application made under this section within 14 days after it is received by the agency shall, for the purposes of this Act, be taken to have made a determination under section 43 refusing to amend its records in accordance with the application.

(7) For the purposes of this section, a person is aggrieved by a determination if the determination relates to an application made by the person under section 40, and:

(a) is to the effect that an agency refuses to amend its records in accordance with the application, or

(b) is a determination that was taken to have been made by virtue of section 43 (2) (which provides that an agency that fails to determine an application within 21 days after the application was received by the agency is taken to have determined the application by refusing to amend the records in accordance with the application).

(8) Subsections (3) (b) and (5) do not apply to the internal review of a determination that was taken to have been made by virtue of section 43 (2).