Legal Services - Review of an UWA Decision

The FOI Act sets out two stages of review, an Internal Review and External Review.

Internal Review

An internal review is a review of the decision that is conducted within UWA.

What decisions can be reviewed?

An applicant can request an internal review of a decision to:

refuse to amend information in the way requested; or
refuse to make a notation or attachment in the way requested.

It is not possible to request an internal review if the original decision was made by the principal officer of the agency (Vice Chancellor).

How to make an application for internal review

An internal review request must be made within 30 days of receiving the Notice of Decision. There are no charges for requesting an internal review.

The table below outlines the requirements in order to make a valid internal review request under the FOI Act.

Requirement	Explanation
The request must be in writing	This can be done by letter or by email – there is no special form.
The request must set out the particulars of the decision that the applicant wishes to have reviewed	For instance, by stating the name of the decision-maker, the date of the decision, and the matter to which the decision relates.
The request must give an address in Australia for correspondence, to which notices under the FOI Act can be sent.	A telephone number and/or email address should be given in addition to a postal address, so that UWA can contact an applicant promptly.
The request must be lodged at UWA	Internal review requests should be addressed to: FOI Coordinator Legal Services Office University of Western Australia 35 Stirling Highway CRAWLEY WA 6009 The request can be sent by mail or delivered in person to the above address. It can also be faxed to 6488 4759 or emailed to laurence.shepherd@uwa.edu.au.

An internal review cannot be conducted either by the person who made the original decision, or by someone subordinate to that person. The internal reviewer can confirm, vary, or reverse the original decision.

Once a request for Internal Review has been made, the agency must review the disputed decision within 15 days. If the applicant is still aggrieved by the internal review decision, they may apply for an external review with the Information Commissioner.

If UWA does not provide a decision within 15 days, it is to be taken that the original decision is confirmed. The applicant may then request an external review by the Information Commissioner.

External Review

An applicant may request an external review with the Office of the Information Commissioner if they are aggrieved by an agency's decision. The Information Commissioner will review that decision.

Generally, an external review is requested once an internal review has been completed unless the original decision was made by the principal officer of the agency (Vice Chancellor). The Information Commissioner may allow an applicant to request an external review if they demonstrate why an internal review should not be applied for, or, if it has been applied for, why it should not be completed.

An external review is to be lodged within sixty days of receiving the Notice of the Decision.

An application for external review must:

be in writing;
give particulars of the decision to which the complaint relates;
give an address in Australia to which notices under the FOI Act can be sent;
include a copy of the decision the person is seeking to have reviewed; and
be lodged at the Office of the Information Commissioner.

Further information about making a request for external review is available from the Office of the Information Commissioner.

Telephone:	(+618) 9220 7888
Country Callers: (WA only)	1800-621-244
Email:	info@foi.wa.gov.au
Fax:	(+618) 9325 2152
Office Address:	12th Floor, St Martin's Tower 44 St Georges Terrace PERTH WA 6000
Post:	PO Box Z5386 St George’s Terrace PERTH WA 6831
Website:	http://www.foi.wa.gov.au