Queensland Numbered Acts Queensland Numbered Actsomit, insert--
'(1) A person who is aggrieved by any of the following decisions is entitled to a review of the decision--
(a) a decision under this part;
(b) a decision that this Act, or a part of this Act, does not apply to an entity--
(i) because the entity is not an agency for this Act; or
(ii) because of section 11 or 1243 or another Act;
(c) a decision that this Act, or a part of this Act, does not apply to a document because of section 11, 11A, 11B, 11C or 1244 or another Act;
Note--
Schedule 3 lists provisions of other Acts that exclude or limit the operation of this Act--see section 11D.
(d) a decision of the agency or Minister that the applicant is not entitled to access because of section 11E.45
'(2) An application for review of a decision must--
(a) be in writing; and
(b) state an address to which notices under this Act may be sent to the applicant; and
(c) be lodged at an office of the agency or the Minister within 28 days after the day on which written notice of the decision was given to the applicant or within the further time the agency's principal officer or the Minister allows (whether before or after the end of the 28 day period).
'(3) A person is not entitled to a review under this section of a decision made--
(a) on an application made under this section; or
(b) by an agency's principal officer; or
(c) by a Minister.
'(4) An application under this section must not be dealt with by--
(a) the person who dealt with the original application; or
(b) a person who is less senior than that person.
'(5) The reviewer must decide the application as if it were a fresh application under section 25.
'(6) If an agency or Minister does not decide an application and notify the applicant of the decision within 28 days after receiving it, the agency's principal officer or the Minister is taken to have made a decision at the end of the period affirming the original decision.
'(7) A person is aggrieved by a decision only if section 52A(1), (3) or (4) applies.
'(1) For section 52, a person is aggrieved by a decision if the decision relates to an application made by the person under section 25 and is to the effect that--
(a) the agency or Minister refuses, under section 29 or 29B, 46 to deal with the application; or
(b) the agency or Minister refuses to give the applicant access to a document; or
(c) access to a document is to be given to the applicant subject to deferral; or
(d) access to a document is to be given to the applicant subject to the deletion of exempt matter or matter an agency or Minister considers is irrelevant matter; or
(e) an application fee is payable; or
(f) a processing charge or access charge is payable under a final assessment notice and--
(i) the applicant considers the charge is wrongly assessed; or
(ii) the applicant considers the processing charge and access charge should be waived because the applicant is in financial hardship and, if the agency is not a department, the applicant gave the agency an objection notice in which the applicant contended that charges should be waived because the applicant is in financial hardship; or
Note--
For challenges to a processing charge or access charge payable under a preliminary assessment notice, see schedule 4 (Process for assessment of charges), part 2 (Objection process).
(g) a contention in an objection notice is rejected.
'(2) For subsection (1)(f), it does not matter whether the processing charge or access charge has already been paid.
'(3) For section 52, a person, including a government or agency, is aggrieved by a decision if the decision relates to an application by another person under section 25 for access to a document and--
(a) the agency or Minister should have taken, but has not taken, the steps that are reasonably practicable to obtain the views of the aggrieved person about whether or not the document contained matter that is exempt matter; or
(b) the agency or Minister has obtained the views of the aggrieved person but the decision is not in accordance with the views.
'(4) For section 52, a person is aggrieved by a decision if--
(a) the decision relates to an application by another person under section 25 for access to a document; and
(b) 2 or more persons, including the aggrieved person, qualify as a deceased person's eligible family member as defined under section 51; 47 and
(c) the agency or Minister obtained the views of 1 of the persons and that person was of the view that the matter contained in the document was not exempt matter; and
(d) the agency or Minister did not obtain the views of the aggrieved person and the aggrieved person is of the view that the matter contained in the document is exempt matter.'.