I made an FOI request to access documents about a criminal prosecution where I was a victim. My initial request was refused and I asked for it to be reconsidered. The Department told me my request was going to external review. What does this mean?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Madylene Mendiola, Doonside 2767 NSW
- An officer of the relevant external body (Information Commissioner, Ombudsman or Civil and Administrative Tribunal) will look at your particular circumstances and he or she may:
- affirm the original decision;
- vary the original decision; or
- substitute a new decision for the original decision.
- The external body may also investigate the actions of the government department or agency that refused to give you access to the information.
- If the government department or agency has breached your privacy by releasing your information without your consent you may be entitled to compensation for any damage you suffer from that breach. You should consult a lawyer to find out if there are any remedies available to you.
- The relevant body may also refuse to conduct an external review of the decision of the government department or agency in certain circumstances.