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Section 16 Manual
4.10 Invalid application for review
In some cases it will be found that applicants apply to the Commissioner for review of a refusal to grant access to records which were not sought in the original request. The most common situation is where a requester, as a result of a request, identifies the existence of further records which were not requested originally and s/he asks for access to these when applying for internal review.
4.11 If none of the records which are the subject of the application to the Commissioner were included in the original request then technically the review is invalid and both the public body and the requester should be informed accordingly. Prior approval of a Higher Executive Officer, or higher grade, must be sought before rejecting the application.
4.12 Where some of the records were included in the original request then (provided all the other requirements of the Acts have been fulfilled) the application for review should be accepted. However, the requester should be informed in writing of the scope of the review and that a fresh application may be made to the public body for the records which were not included in the original request.
4.13 Similar considerations apply in the case of an application, by a person claiming to be affected by an act of a public body, for a review of a decision on an application made under section 18 for a statement of the reasons for the act and of any material findings of fact. If the requester raises a new question, not raised in the original request to the public body then the approach outlined above in relation to requests under section 7 for access to records should be followed. Once again, an application for a review should only be rejected after clearance by a Higher Executive Officer, or higher grade.
