Section 16 Manual

8.0 Arrangements for dealing with review applications

8.1 It is the Commissioner's objective that, to the greatest extent possible, review applications should be decided within the four month guideline time-scale provided for at section 34(3)(b) of the FOI Act.

8.2 Cases already on hands will continue to be processed alongside the current cases. In determining the order in which these older cases will be dealt with, the following criteria will apply:

8.3 In the interests of procedural fairness, priority will be given to cases on the basis of age, i.e. older cases will generally be dealt with before more recent cases.

8.4 Cases will not be dealt with solely by reference to age. In some circumstances, more recent cases may be dealt with before older cases. The circumstances where this may arise include:

where it is more efficient to deal with a particular older case along with a current case (for example, a current case is very similar to an older case and the same issues arise in both);
where it is more efficient to deal with a particular group of cases together because they involve related issues;
where, for staff development purposes, a particular case or category of case is allocated to a particular member of OIC staff;
where the applicant seeks priority for a specific pressing reason; however, as most applicants will be anxious, understandably, to have their cases expedited this ground will apply in exceptional circumstances only;
where the Commissioner forms the view that a particular case should be expedited, for example, in order to give general guidance to public bodies on the processing of a particular request or category of request.

Back to contents