Rights of review
If the applicant is not satisfied with the decision - for example, access has been refused to a document or to a requested amendment - the applicant has 28 days from the date on which the decision letter is received in which to lodge an application with QCS for internal review of the decision.
An officer who is not less senior then the original decision maker will make an internal review decision. The internal reviewer will look at the documents and make a new decision, which may be the same as the original decision, or may vary that decision.
An internal review decision must be given to the applicant within 28 days after the request for review is received. If it is not, or if the applicant is not satisfied with the internal review decision, they are entitled to apply to the Information Commissioner for an independent, external review.
To apply for external review, the applicant should write to the Information Commissioner within 28 days of receiving the internal review decision, setting out the details of the decision to be reviewed. It is helpful to include copies of correspondence with QCS.
Third parties who have objected to the release of documents to an access applicant also have rights of review. If QCS decides to release documents contrary to an objection, the third party has 28 days in which to apply for internal review of that decision. The documents cannot be given to the access applicant during that period. If the third party does apply for review, the access applicant will have to wait until the review has been finalised to find out whether then can access the documents.
Third parties can also apply to the Information Commissioner for external review.
Last updated: 07 September 2007
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© The State of Queensland (Queensland Corrective Services) 2008.