New South Wales Consolidated Acts

GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 - SECT 89

89 Right to have decision reviewed by Information Commissioner

(1) A person aggrieved by a reviewable decision of an agency is entitled to have the decision reviewed by the Information Commissioner under this Division.

(2) A reviewable decision must be the subject of an internal review by the agency under this Part before it can be reviewed by the Information Commissioner unless:

(a) the aggrieved person is the access applicant, or

(b) an internal review of the decision is not available to the aggrieved person under this Part.

(3) The Information Commissioner may exercise any function of the Information Commissioner under the Government Information (Information Commissioner) Act 2009 for the purposes of or in connection with the review of a reviewable decision of an agency.

(4) Conduct of an agency that constitutes a reviewable decision of the agency cannot be the subject of a complaint to the Information Commissioner under section 17 of the Government Information (Information Commissioner) Act 2009 .