Section 270 Internal Reviews

What is an internal review?

An internal review is a process established under section 270 of the Local Government Act 1999 that enables any person affected by a decision to seek an internal review of the decision of the Council, Council employee or other persons acting on behalf of the Council. The Council considers internal reviews against the Council’s Internal Review of Council Decisions (Section 270) Procedure(PDF, 177KB). In an internal review Council will examine the process by which the original decision was made. The internal review may or may not result in the disputed decision being reconsidered or overturned.

What kind of matters can be internally reviewed?

You may apply for an internal review of a range of decisions including (but not limited to) a policy, procedure, service or fee. A review is not available where:

  • alternative statutory processes are available to review or challenge the decision under particular legislation (for example the Development Act 1993); or 
  • Parliament has intended that the legislation, under which the decision was made, should be the sole source of any rights for any review or challenge of the decision. 

Council will consider the availability of internal review on a case by case basis and against the Council’s Internal Review of Council Decisions (Section 270) Procedure(PDF, 177KB).

How do I seek an internal review?

Applications for internal review must:

  • be made in writing to Council’s Chief Executive Officer at one of the following:

    Email: burnside@burnside.sa.gov.au;
    Postal Address: PO Box 9, Glenside SA 5065;
    Civic Centre: 401 Greenhill Road, Tusmore SA 5065;

  • be made within six calendar months of the date of the decision the subject of the internal review (subject to the discretion of the Chief Executive Officer);
  • specifically request an internal review;
  • provide full details of the decision the subject of the internal review including the:
    • decision;
    • date of the decision;
    • details of the person or body that made the decision;
    • reasons for seeking an internal review;
  • provide your name and contact details; and
  • comply with Council’s Internal Review of Council Decisions (Section 270) Procedure(PDF, 177KB).

You are strongly encouraged to use the application form contained at Form 1 in the Internal Review of Council Decisions (Section 270) Procedure(PDF, 177KB) in making an application for internal review.

How long will it take to process my internal review?

In most cases an application for internal review will be considered within 21 days of receipt of the application, although in some circumstances it may take longer. You will be kept informed about the progress of the internal review and will be advised in writing of the outcome of the internal review procedure. 

Will I have to pay?

No. Council is not entitled to charge a fee on an application for internal review.

What happens if I am dissatisfied?

Nothing prevents a person from making a complaint to the Ombudsman at any time under the Ombudsman Act 1972. The Ombudsman has the power to conduct an external review of the decision.

Who can help me with my internal review?

Although applications for internal review must be addressed to the Chief Executive Officer, the following officers can assist you with an internal review:

  • General Manager, Corporate Services
  • General Manager, Urban Services

Where can I read more about the internal review process?

You can read more about the internal review process in Council’s Internal Review of Council Decisions (Section 270) Procedure(PDF, 177KB) You are strongly encouraged to read Council’s Internal Review of Council Decisions (Section 270) Procedure(PDF, 177KB) prior to lodging an application for internal review.