If the preliminary view is not accepted by the relevant party, the Commissioner will make a final decision about the FOI review application. The Commissioner will consider the information relevant to the matter, the preliminary view and any submissions received in response to the preliminary view.
The Commissioner will then decide to:
- affirm the decision (not change it)
- vary the decision (decision not changed but reasons modified), or
- set aside the decision and make a fresh decision (make a new decision).
The Commissioner will write a report explaining her reasons for decision. A copy will be provided to the applicant, Ahpra and if applicable, any other review party.
Ahpra must comply with any final decision made by the Commissioner.
The decision will also be published on our website. To protect individuals’ privacy, identifying personal information is removed from published decisions.
You can read past FOI review decisions made by the Commissioner here.
If the applicant or Ahpra disagree with the Commissioner’s decision, an appeal can be made to the Tribunal in the relevant state or territory. An appeal must be made within 28 days after receiving notice of the Commissioner’s decision.
The Tribunal will reconsider the original decision made by Ahpra and has the power to make a new decision.
The Commissioner and our office will not be involved in any subsequent Tribunal proceedings.