You can request access to documents in the possession of AHPRA, the 15 National Boards or AHPRA’s Agency Management Committee (AManC) by making an application to any of those entities under the Commonwealth Freedom of Information Act 1982 (FOI Act). Generally, these applications are handled by AHPRA and more information about making an FOI application can be found on AHPRA’s website: https://www.ahpra.gov.au/About-AHPRA/Freedom-of-Information/Making-an-FOI-Request.aspx.
If you are unhappy with an FOI decision made by AHPRA, you can:
apply for internal review by asking AHPRA to reconsider the decision
request that the NHPOPC review the decision.
As a general rule, it is better to apply for internal review first, as this gives AHPRA an opportunity to promptly resolve your concerns before the NHPOPC becomes involved. If you are still dissatisfied with the outcome after an internal review, you can apply to the NHPOPC for a review of the decision.
There are some important things to remember about making an application for review to the NHPOPC:
There are time limits for requesting a review. In most cases, you must make an application for review within 60 days of being notified of the decision that you are unhappy with. However, if you are requesting a review of a decision to grant another person access to documents, you must make an application for review within 30 days. If these time periods have lapsed, you can ask the NHPOPC to consider granting an extension of time for you to apply for a review.
The NHPOPC may decide not to review a decision in circumstances where it is deemed that the application is frivolous, misconceived or lacking in substance, or if you fail to co-operate with the process or cannot be contacted after reasonable attempts. You cannot appeal against that decision.
There is no fee for requesting a review.
How to make an application for review
You must apply for a review in writing. Our ‘Application for Review’ form provides you with guidance about the information we require in order to assess your application for review. For example, it is important that you provide the NHPOPC with a copy of the notice of the decision that you are unhappy with.