Right of review

An internal review is an impartial review of the merits of a decision. The purpose of an internal review is to consider whether the original decision made was the correct and preferrable one.

You must make an application for an internal review within 30 days of receiving the notice of the decision. If you intend to seek an internal review, but are unable to make your application within 30 days, please email internalreview@eSafety.gov.au.

There are no fees associated with an application for internal review.

The application must be made in writing using the form approved by the Commissioner. An application for internal review should set out reasons why the decision should be reviewed and include information relied upon in support of those reasons.

Examples of reasons for an internal review:

• New information is now available that was not previously available and may materially affect the outcome.
• A procedural issue.
• Other exceptional circumstances warranting reconsideration.

An application for internal review should include:

• a statement of the outcome sought by the applicant
• a statement of the grounds on which the applicant considers the decision should be reviewed, for example:
  • an alleged error of fact
  • an alleged error in the interpretation or application of the law
  • relevant information that was not considered in making the decision
  • new information that was not reasonably available at the time the decision was made
  • a procedural irregularity affecting the making of the decision
  • any other matter the applicant considers relevant.

Examples of reasons why an application may be invalid:

• The application does not contain sufficient information to identify the reviewable decision or establish the applicant's identity.
• The application for an internal review of a decision is submitted more than 30 days after the applicant received the original decision.
• The applicant is not a person entitled to seek review of the relevant decision under the Internal Review Scheme.
• The application seeks review of a decision that has previously been subject to internal review.

To request an internal review, you will need to download and complete the Request for internal review form:

Please fill out the form and email it or post a hard copy to eSafety.

Email: internalreview@esafety.gov.au

Post:  Attention: Internal Review
          eSafety Commissioner
          PO Box Q500
          Queen Victoria Building
          NSW 1230

You can read more information about eSafety’s Internal Review Scheme, including the eSafety Internal Review Procedure and the Online Safety (Internal Review Scheme) Instrument 2022.

You may have a right to seek review of a decision by the Administrative Review Tribunal (ART). You can also request that the ART review a decision that has been made under the Internal Review Scheme.

It is recommended that you seek an internal review prior to seeking a review by the ART, however, there is no requirement to do so. You can choose to apply directly to the ART.

The ART is an independent body that can, among other things affirm, vary, or set aside the decision. If the ART sets aside the decision, it may make a substitute decision or remit the matter to the decision-maker to reconsider.

You must make any application for review to the ART for review in writing. The ART has a form available on its website which you can use.

Applications for review should be made within 28 days of being told about the decision.

You must enclose the application fee with your application. If you want to apply for the application fee to be reduced, you can obtain the application form for this from the ART.

Visit the ART website for more information. If you have any questions about the ART’s procedures and requirements, please contact the ART.

Requesting a statement of reasons for decision

You may request a statement of reasons under section 268 of the Administrative Review Tribunal Act 2024 (Cth). Your request needs to be made in writing within 28 days of being told of a decision. To request a statement of reasons, please email internalreview@esafety.gov.au. 

You may also be able to seek judicial review of this decision. 

Judicial review does not consider the merits of the decision, and instead considers the legality of the decision, such as whether the decision-maker had power under the relevant statute to make the decision, followed the proper process and exercised the power in accordance with the law.

Should you wish to apply for judicial review of this decision, you may wish to obtain legal advice, as there may be costs involved. 

You have a right to seek access to documents held by the eSafety Commissioner under the Freedom of Information Act 1982 (FOI Act).

You must apply to the eSafety Commissioner in writing through one of the following options:

Online: Using the Contact Us form on the eSafety website.

Post:    Attention: The FOI Coordinator
            eSafety Commissioner
            PO Box Q500
            Queen Victoria Building
            NSW 1230

Email:  foi@esafety.gov.au

When you make your application, you should:

• state that the request is an application for the purpose of the FOI Act
• provide information about each document to which you are seeking access to enable us to process your request
• provide a postal, email or fax address for us to reply to and which we can use to communicate with you about your application.

Read more about how to make a freedom of information application.

If you are dissatisfied with the way that the eSafety Commissioner has handled this matter, we ask that you contact us using the Contact Us form on our website so that we can try to help resolve any issues.

If you are still dissatisfied, you may make a complaint to the Commonwealth Ombudsman. The Ombudsman usually prefers that your concerns are raised with the eSafety Commissioner first. 

There is a Commonwealth Ombudsman office in each capital city. You can find more information on the Ombudsman website.