FOI review process

We aim to acknowledge an FOI review application within three days of receiving it.

The assigned staff member will introduce themselves to the applicant within two weeks of receiving the application and will be the main contact person for the applicant throughout the FOI review process.

We check that the application:

• has been made in writing
• includes contact details for how information can be sent to the applicant (this is usually an email address or mailing address)
• includes a copy of the Australian Health Practitioner Regulation Agency's (Ahpra) FOI decision the applicant would like to be reviewed.

It is also useful if the FOI review application provides an explanation of why the applicant thinks the decision should be reviewed.

We may contact the applicant during the assessment phase to find out more information.

Choosing the best way forward

If we decide to review the FOI decision, we will inform both the applicant and Ahpra. We usually do this by email but can send information to applicants by post if they prefer.

If we believe the applicant’s concerns could be better addressed in another way, we will discuss this with the applicant. This may include suggesting that the applicant’s concerns might be better addressed by making a complaint to the Ombudsman.

We may recommend that a court or tribunal hears the matter. We may also decide not to review the decision for other reasons and where this is the case, we provide a thorough explanation of this outcome.

We try to resolve most FOI review applications by agreement. We are empowered to use any technique that the Commissioner considers appropriate to resolve the matters at issue in the review. For example, by using techniques that are used in alternative dispute resolution processes. If we are able to facilitate an agreement between the applicant and Ahpra, we encourage the applicant to withdraw their FOI review application.

As part of this process, the applicant or Ahpra may be provided with a preliminary view to help get a quicker resolution of the matter as informally as possible. The applicant or Ahpra will also be provided with the opportunity to respond to the preliminary view and explain why they disagree with it, or to identify potential errors. The preliminary view is generally a good indication of the final outcome of an FOI review application.

Final decision

If concerns remain unresolved, the Commissioner can:

• discontinue the review without making a final decision
• make a final decision about the FOI review application.

If the Commissioner decides to make a final decision, she can:

• affirm Ahpra’s decision (not change it)
• vary Ahpra’s decision (decision not changed but aspects of the decision modified), or
• set aside Ahpra’s decision and make a fresh decision.

The Commissioner will consider the information provided throughout the application process.. The Commissioner will then write a report explaining her reasons for the decision. A copy will be provided to the applicant, Ahpra and, if applicable, any other review party.

Ahpra must comply with any final decision the Commissioner makes.

The decision will also be published on our website. To protect privacy, identifying personal information is removed from published decisions.

See FOI review decisions

Appeal process

If the applicant or Ahpra disagrees with the Commissioner’s decision, an appeal can be made to the relevant state or territory tribunal. An appeal must be made within 28 days of receiving notice of the Commissioner’s decision.

The tribunal will reconsider Ahpra's original decision and has the power to make a new decision.

We are not involved in any subsequent tribunal proceedings.