You have a right to ask for a review of a decision about your formal request.
Internal review
Requests for an internal review must be in writing and be made within 20 days of receiving the notice of decision.
You can also ask for an internal review if Essential Energy has not responded in writing to your first application within the required time frame. There is a $40 fee for an internal review application except if the decision is ‘deemed refusal’ because we did not process your application in time. In this case you cannot be charged any review fee.
Essential Energy must acknowledge your application within five working days of receiving it. We must decide the internal review within 15 working days of receiving it, which may be extended by up to 10 working days if further consultation is required.
External review
The GIPA Act provides for two avenues of external review of decisions:
- Information Commissioner Review
If you made an application for access and disagree with the decision by Essential Energy you have the right to seek review by the NSW Information Commissioner.
Applications for review by the Information Commissioner must be made within 8 weeks of receiving Essential Energy’s decision.
You cannot ask the Information Commissioner to review a decision that has already been reviewed by the Administrative Decisions Tribunal.
For further information visit www.ipc.nsw.gov.au - NSW Administrative Decisions Tribunal
If you disagree with a decision made by Essential Energy you can ask for a review by the NSW Administrative Decisions Tribunal (ADT). You do not have to have the decision reviewed internally, or by the Information Commissioner before applying for review by the ADT.
You have 8 weeks from being notified of the decision to apply to the ADT for review. However if you have applied for review by the Information Commissioner you have four weeks from being notified of the Information Commissioner’s review outcome to apply to the ADT.
For further information visit www.lawlink.nsw.gov.au/adt
