Requesting an internal review of decision
Internal review provides a way for people affected by certain decisions made by the department under the Fisheries Act 1994 (the Act) to have those decisions reviewed.
The review involves consideration of the statutory requirements for the original decision, findings of fact made by the decision maker and the reasons for the decision.
You can apply for a review of a decision under the Act if you have received, or are entitled to receive, an information notice relating to the decision.
If you are entitled to an information notice for a decision and have not received one, you may ask the chief executive to provide one to you.
An application for an internal review must be made using the application for internal review form (PDF, 210.3KB). An application may be rejected on the basis that it has not been validly made if:
- it is not in the approved form
- it does not contain enough information to enable the chief executive to decide the application.
You must make your application within 28 days of:
- receiving the information notice in relation to the original decision
- becoming aware of the decision, if you did not receive an information notice.
You may request, in writing, an extension of the timeframe for applying for an internal review of a decision. The reviewing officer will consider your request, having regard to matters such as the reason for the delay and the impact delays may have in relation to the fisheries issue.
Making an application does not affect the operation of the original decision or prevent it from being implemented.
You can withdraw your application at any stage before the review decision is made. The Act requires the reviewing officer to make the review decision and give notice of the decision within 20 days of receiving a validly made application. However, this period can be extended by agreement between the reviewing officer and applicant provided agreement is reached before the expiry 20 days from the receipt of the application.
The reviewing officer may confirm or amend the original decision or substitute another decision for the original decision. The notice of the reviewer’s decision will:
- state the decision
- state the reasons for the decision.
If the internal review does not give a notice of the decision within 20 days, the original decision is taken to be confirmed.
If you are not satisfied with the decision of the reviewing officer, you can seek an external review by making application to the Queensland Civil and Administrative Tribunal within 28 days of receiving the notice of the internal review decision.
Decisions that cannot be internally reviewed
Decisions relating to the seizure of fisheries resources may be appealed to the Magistrates Court nearest where the fisheries resources were seized. However, if the fisheries resources become the property of the State under the Act, there is no right to appeal and any appeal already started will lapse.
Decisions relating to issued Fisheries Infringement Notices (FIN) must contested in the Magistrates Court. The process for this is written on the back of the FIN. You can contact the Queensland Fishing and Boating Patrol in the area where the alleged offence occurred for further information.