Freedom of Information - Internal and External Review

What is Freedom of Information?

The Western Australian Freedom of Information Act 1992 gives you the legal right to:

Obtain access to State and Local Government documents;
Request amendments to records of a personal nature that are inaccurate; and
Obtain a review of a decision not to grant access to information or to amend personal records.

The process is fully described in Accessing Documents through FOI.

This page provides information on internal and external reviews – what they are, when you should use them, and how to use them.

What is an Internal Review?

If you are unhappy with a decision made by Sir Charles Gairdner Hospital on your FOI request, you are entitled to ask for an internal review by the Hospital. You may ask for an internal review if:

You have been given access to an edited copy of a document.
Sir Charles Gairdner Hospital refuses to deal with your application.
You have been refused access to a document.
You have been given access to a document but access has been deferred.
The documents you seek contain medical or psychiatric information about yourself and Sir Charles Gairdner Hospital will not give you access to them or will only give the information to a medical practitioner nominated by you.
You believe you have been charged too much or the costs are unreasonable.
You are a third party mentioned in the documents but have not been consulted about giving access to another person; or
You have been consulted but disagree with a decision to release the documents against your wishes.

How do I ask for an Internal Review ?

Applications for internal review should be made in writing and sent to:

The FOI Coordinator
Sir Charles Gairdner Hospital
Hospital Avenue
Nedlands Western Australia 6009.

You must give details of the decision that you wish reviewed and provide an address in Australia to which notices can be sent to you.

You must also apply within 30 days of receiving written notice from the Hospital of its decision. If you were the person who made the original application, the Hospital may allow you to lodge your application after the 30 days have expired.

What will happen with my request for a review?

Someone senior to the person who made the original decision on your FOI application will look at your application. Within 15 days you will be advised of the outcome of the review.

What will it cost me for a review?

There is no charge for an Internal Review.

What happens if I disagree with the result of the Internal Review?

You can apply to the Information Commissioner to have the decision reviewed again.

The Information Commissioner is the independent external review authority established by the FOI Act to investigate and review decisions of agencies and Ministers.

How do I apply for External Review by the Information Commissioner?

A complaint must be made in writing to the Information Commissioner and you must supply an address to which notices may be sent to you. You must also give particulars of the decision you want reviewed and attach a copy of the decision and reasons given to you by Sir Charles Gairdner Hospital.

The application can be made in a letter or you can obtain an application form from the Information Commissioner.

There is no charge for review by the Information Commissioner.

What sort of decisions can the Information Commissioner review?

Any of the decisions made by Sir Charles Gairdner Hospital about your application (refer to the list above)

The Information Commissioner can also review decisions:

Not to amend personal information
Not to make a notation or attachment to the information if you asked for this to be done
By the Premier to issue an exemption certificate but only by determining whether reasonable grounds existed for the issue of such a certificate.

What time limits apply to seeking review by the Information Commissioner?

If you are the access applicant you have 60 days after being given notice of the decision, to complain to the Information Commissioner and seek a review.

If you are a third party affected by the decision of Sir Charles Gairdner Hospital you have 30 days to lodge a complaint with the Information Commissioner.

In some circumstances, the Information Commissioner may allow complaints to be lodged after these periods have expired.

How does the Information Commissioner review my complaint?

The Information Commissioner will decide the best way of dealing with your complaint.

Usually this will involve inspecting the disputed documents and conferring with you, with the Hospital and with any other parties in trying to find an acceptable solution.

If the Information Commissioner wants further information, this may be required in written form but you will be given every opportunity to present your case.

You may be represented by a legal practitioner or by any other person, if you are required to appear before the Commissioner.

Can I challenge a decision of the Information Commissioner?

Decisions of the Information Commissioner are final except if there is a question of law arising out of any decision of the Commissioner.

In these circumstances, if you wish to take your complaint to the Supreme Court, you should consult with a legal practitioner.

For Further Information

The Freedom Of Information Coordinator can be contacted
by telephone: 61 8 93462427

or by writing to:

Freedom Of Information Coordinator
Sir Charles Gairdner Hospital
Hospital Avenue
Nedlands, Western Australia 6009

Guidelines for using FOI in Western Australia