I’m involved with a local action group that is opposed to a development going ahead in our street. We want to get access to the planning documents that went through council. We’re expecting we won’t be successful and we’ll have to take it further. What’s the process?
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Answer by Madylene Mendiola, Doonside 2767 NSW
- You may seek internal review of the decision. In some places you may be able to go straight to an external review.
- In an internal review, another officer within the agency or department that handled your FOI request will reconsider the original decision that denied you access to information.
- You apply for internal review in writing addressed to the department or agency. Set out:
- the information that was refused,
- the person who made the decision,
- the reasons why you disagree with their decision and
- the reasons why you believe you should be granted access.
- A lawyer can help you write this letter.
- If you are unhappy with the outcome of the internal review, you may appeal to an external body such as an Information Commissioner, an Ombudsman or a Civil and Administrative Tribunal. Our Legal Guide on Freedom of Information provides contact details for the relevant bodies in each jurisdiction.
- An external appeal should be lodged within a certain timeframe (for example, within 30 days of receiving the outcome of the internal review). This may vary between different departments or agencies. Check with the relevant body for their requirements before you lodge your appeal. There may also be fees and charges.