Rights of Review

When we have made a decision about your FOI request, we will send you a letter explaining our decision and your review and appeal rights.
You can ask for the following decisions to be reviewed:

  • if we refuse to give you access to all or part of a document or if we defer giving you access
  • if we impose a charge
  • if we refuse to change or annotate information about you that you claim is incomplete, incorrect, out of date or misleading.

A third party who disagrees with our decision to give you documents that contain information about them can also ask for our decision to be reviewed. We will defer release of the document to you until such time any reviews or appeals are concluded or the time for making a review application has expired.

Internal review

You can request in writing that we reconsider our decision through an internal review. An internal review will be conducted by another officer in our agency. An applicant has 30 days from the date of the notice of the decision to seek internal review.

Once a valid application for internal review is made, we will advise you of our new decision within 30 days. The internal reviewer (being a person other than the original decision maker) must make a fresh decision and reasons given if refusing access.

Please send requests for internal reviews to the appropriate National or Queensland office as listed above, clearly marking the envelope as addressed to ‘FOI Officer’.

Complaint to National Health Practitioners Ombudsman

If you are unhappy with the way we have handled your request, you may make a complaint to the Ombudsman in relation to actions taken by AHPRA under the FOI Act, including decisions, delays, and refusals or failure to act.

The Ombudsman does not have the power to change a decision, but can recommend that this be done.

Tribunal/Court review

An applicant can apply to the Tribunal/Court for review in relation to refusing a request for access under the FOI Act in the following situations:

  • after receiving notification of a decision made under internal review from AHPRA which wholly or partially refuses access
  • if the applicant does not receive a notice of decision within 30 days of a valid application being received by AHPRA
  • if the applicant does not receive a notice of decision of internal review within 30 days of a valid application being received by AHPRA
  • if the initial decision refusing access is made by the principle officer of an agency rather than by the authorised person.

An applicant has 60 days from receiving the notice of decision in which to apply for review with the Tribunal/Court.

The different Tribunals/Courts that operate in the different states are listed below:

  • ACT Civil and Administrative Tribunal
  • Administrative Decisions Tribunal of NSW
  • Administrative and Disciplinary Division of the District Court of South Australia
  • Local court of the Northern Territory
  • Magistrates Court (Administrative Appeals Division) of Tasmania
  • Queensland Civil and Administrative Tribunal
  • State Administrative Tribunal of Western Australia
  • Victorian Civil and Administrative Tribunal of Victoria

Following a merits review by the relevant tribunal, a person may apply for judicial review by the Supreme Court of the participating jurisdiction. Appeals of this kind may only be made on points of law.

Requests to amend documents held by AHPRA

An applicant, who has had lawful access to documents held by AHPRA which contain personal information about them, may request that the relevant record be amended or annotated where the personal information is incomplete, incorrect, out of date or misleading.

No application fee applies for requests to amend documents. A decision and notification about the request for the amendment must be made within 30 days of receipt of the request.

Publication of Released documents

To enhance transparency AHPRA may, when releasing documents to an applicant, also publish the same documents on its website for public access. AHPRA will not release documents if it is not in the public interest or for other appropriate reasons such as privacy.

Changes to FOI Policy

AHPRA reserves the right to review and revise its FOI Policy from time to time as necessary. Changes to the policy will be publicised on the AHPRA website.

Page reviewed 2/12/2015