What do I do if at internal review stage we decide that an application should have been considered under the EIRs and not the Act (or vice versa)?
In such cases, the authority should inform the applicant that a mistake has been made and that the application should have been considered under the other piece of legislation. The request should be reassessed accordingly. The decision to switch legislation, however, should be made in good faith and not made with a view to disadvantaging the applicant. Where the Commissioner considers, on appeal, that a case should have been considered under the EIRs rather than the Act (or vice versa) the authority will be invited to comment.
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