What happens with reviews in a public authority or Minister’s office?
If you receive the original decision and it has been made by a delegated officer, you can request an internal review if you are not satisfied with it. To do this, write or email the public authority, address your request to the Secretary, CEO, or General Manager of that authority, and request an internal review under s43.
The principal officer of the authority or a delegated officer other than the original decision maker, must make a fresh decision on your application. If you are still not happy you can request an external review by the Ombudsman.
If a delegate of the Minister has made the decision, there is no right of review under the Act. Ombudsman Tasmania is of the view that this situation arises as the result of a drafting error in the Act but it nonetheless prevents you from requesting and this office from undertaking a review of the decision of a Minister’s delegate.
Decision other than by delegated officer
If the original decision on your request is made by the Minister him or herself or by the principal officer of a public authority (Secretary, CEO, or General Manager), then you can request an external review by Ombudsman Tasmania because, the decision having come from the authority’s most senior officer or the Minister her or himself, there is no one who can internally review it.