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6. Review Rights

Internal Review

On receiving a decision, other than a decision providing access in full to the documents sought, the applicant has 28 days to exercise the right to request an internal review of the decision. An independent officer within the agency conducts the review which involves making a fresh decision. If the Internal Review Officer upholds all or part of the original decision and refuses to grant access to some or all of the document(s) sought, then the applicant has 60 days from the receipt of that decision to appeal to the Victorian Civil and Administrative Appeals Tribunal (VCAT). There is no internal review rights if the decision is made by the Principal Officer of the agency - in this instance the next review right is at the VCAT (see below).

Victorian Civil and Administrative Tribunal (VCAT)

The applicant can lodge an application for review with the VCAT if the agency has failed to make a decision within 45 days of receiving the request, if the internal review decision is made and access is refused in part or full or if the original decision to refuse access to documents in part or full is made by the Principal Officer. VCAT has all the powers of the initial decision maker and can also order release of exempt documents if it considers that the public interest requires their release.

Court of Appeal

Either party can seek leave to appeal to the Supreme Court from VCAT on a question of law. If leave is granted the Supreme Court determines the appeal.

Complaint to the Victorian Ombudsman

An applicant also has the right to complain to the Ombudsman where documents cannot be identified or are said by the agency not to exist or where the agency fails to make a decision on a request within the required timeframe. 

It is important that applicants are advised of the relevant review rights as part of the explanation of decision they receive.