Your rights to review and appeal

Requesting a review or appealing a Freedom of Information decision

If you are dissatisfied with a determination made in response to your Freedom of Information application, you have several options available to seek a review or appeal the decision. This applies to both requests for access to documents and requests to amend your personal records.

Internal Review

When you can apply

In most cases, you are entitled to request an internal review if you are unhappy about a decision regarding access to documents, or to amend personal information about you held by the University.

An internal review must be lodged within 30 calendar days of receiving the original determination.

Applications must be submitted in writing, as required by Section 29 or Section 38 of the FOI Act.

When an internal review is not available

In the circumstances where the determination on your original application was made by the University’s Vice-Chancellor rather than an approved FOI officer, you cannot apply for internal review.

You can, however, make an application for an external review by the Ombudsman SA or the South Australian Civil and Administrative Tribunal (SACAT).

Details on how to apply for an external review are below.

Fees

Access to documents

A fee applies when requesting a review of a determination regarding access to documents.

If the University changes or reverses the determination and grants access to documents as a result of the review, the application fee will be refunded.

Amendment of personal records

No fee applies if you are seeking a review of at determination regarding amendment of your personal records.

Fee waivers

If you hold a valid concession card, or you are experiencing financial hardship, you may be entitled to a fee waiver or reduction. You will need to provide written reasons as to why the payment of a fee would cause you financial hardship.

Processing time

Adelaide University will make a decision on your internal review within 14 calendar days of receiving your application.

If the University does not provide a response to your application within this timeframe, or, after the decision has been made, you remain unhappy with the outcome of the review, you are entitled to apply for an external review by the Ombudsman SA or the South Australian Civil and Administrative Tribunal (SACAT).

External reviews

External Review by the Ombudsman SA

If you are unhappy with the outcome of your internal review, or are unable to apply for an internal review, you have the right to request an external review by the Ombudsman SA.

Applications for external reviews must be made within 30 calendar days of your being notified of the determination. The Ombudsman may extend this timeframe at their discretion.

There is no fee to apply for an external review by the Ombudsman SA.

Contact details:

Ombudsman SA

P: 08 8226 8699

E: ombudsman@ombudsmansa.gov.au

Review by SACAT

Alternatively, if you are unhappy with a decision or internal review, you may apply for an external review with the South Australian Civil and Administrative Tribunal (SACAT).

You must exercise your right of review with SACAT within 30 calendar days of being notified of the decision made by the University.

Any applicable costs will be determined by SACAT.

Contact details: 

P: 1800 723 767

E: sacat@sacat.sa.gov.au