Requesting an internal review of decision

Internal review provides a way for people affected by certain decisions made by the department under the Biosecurity Act 2014 (the Act), to have those decisions reconsidered.

The review considers both the process following for the original decision as well as the risk based decision made by the original decision maker.

You can request a review of a decision under the Act provided you have received or are entitled to receive an information notice relating to the decision. Where the decision relates to seizure or forfeiture, the person making the application must be in control of the thing seized or forfeited. Where someone is not entitled to an information notice under the Act, they may still be able to seek a review through the Queensland Civil and Administrative Tribunal (QCAT).

An application for an internal review must be made using the Application for Internal Review form (PDF, 812.9KB). If you provide an incomplete form, the timeframe for when the review decision must be made will not start until you provide all necessary information. An application may be regarded as invalid if:

• you are not entitled to an information notice;
• where the matter is forfeiture or seizure, you were not in control of the thing;
• your application has been considered previously in relation to the same matter;
• it is a complaint about the decision maker rather than the decision itself.

You must lodge your application within 14 days of receiving the information notice in relation to the original decision. You may ask for an extension of the appeal timeframe. The internal reviewer will consider your request, having regard to matters such as the reason for the delay and the impact of further delays on the outstanding biosecurity risk.

Lodging an application does not of itself mean that the original decision is stayed. Applicants wishing to stay a decision must make application to the Magistrates Court for matters relating to seizure or forfeiture or QCAT for other matters.

You can withdraw your application at any stage before the review decision is made. Subject to any suspensions of process while you meet any additional information requests, the internal review decision must be made within 20 days of receiving the completed application and a notice of the reviewer’s decision must be provided to you within another 10 days.

The outcome of the review could be to confirm or amend the original decision or, substitute another decision for the original decision. The notice of the reviewer’s decision will clearly identify the issues considered relevant to the decision and the reasoning process that led to the decision. If Biosecurity Queensland does not provide a notice of decision within 10 days after making a decision, the original decision is taken to stand.

If you are not happy with the decision of the internal reviewer, further external review options are available. For decisions about for forfeiture or seizure, applicants may lodge an appeal in the Magistrates Court. For other matters applicants can seek an external review by making application to the Queensland Civil and Administrative Tribunal within 28 days of receiving the notice of internal review decision.

If you wish to appeal a decision made by your local government or a board, you should contact them for their specific requirements.