FOI review

How we can help

Our office can conduct a review of a decision made by the Australian Heath Practitioner Regulation Agency (Ahpra) under Freedom of Information (FOI) legislation.

The Commissioner can consider Ahpra’s decision about a request for access to documents and decide to:

  • affirm the decision (not change it)
  • vary the decision (not change the decision itself but modify the reasons), or
  • set aside the decision and make a fresh decision (make a new decision).

The Commissioner received the power to review FOI decisions made by Ahpra in February 2019. View the Commissioner’s previous FOI review decisions.

We request that an internal review request to Ahpra’s FOI team is made before applying for an FOI review by the Commissioner. This is not required but may be a quicker way for people to get the outcome they want and it gives Ahpra a chance to address concerns before our office becomes involved.

Complaints about how an FOI request was handled

Our office can also consider complaints to the Ombudsman about how an FOI request was processed by Ahpra. The Ombudsman can consider complaints such as unreasonable delays or inadequate communication by Ahpra.

Investigations into the handling of FOI requests can provide complainants with more information about how their matter was handled and whether it was fair and reasonable. This work can improve the way Ahpra processes similar matters in the future.

We request that a formal complaint is made to Ahpra’s complaints team before contacting our office.

Your FOI rights

By law, all individuals have the right to request access to information held by Ahpra, its Management Committee and the National Boards.

 

Why apply for a review

People generally apply to the Commissioner for a review of an FOI decision made by Ahpra for two main reasons:

  1. They are unhappy with Ahpra’s decision not to give access to documents they requested. This could be because they:
    • do not agree with the reasons given for not providing some or all of the documents they requested
    • do not believe Ahpra provided all of the documents it should have based on their FOI request.
  1. They are unhappy that Ahpra or a National Board has released information about them that they believe should not have been released.

Apply for FOI review

Ready to apply for a review of an FOI decision made by Ahpra?

Find out more about what’s needed.

FOI review process

Find out more about what you can expect when applying for a review of Ahpra’s FOI decision by the Commissioner.

Complaints to the Ombudsman

Find out more about making a complaint to the Ombudsman.

FOI review decisions

See previous decisions made by the Commissioner.