Executive Record Reviews
The Executive Records function is similar to our ACT FOI function but covers a different category of government records.
An executive record is a document proposed by a Minister for consideration by the Executive, including Cabinet documents, Cabinet decisions and briefings, agency comments and submission attachments.
Ask for a review of your Access Application determination
You can apply to the Ombudsman to review a determination (decision) to withhold information under section 31J and 31K of the Territory Records Act 2002.
A person whose interests are affected by a release restraint determination can also apply to the Ombudsman for a review of the determination.
The Ombudsman can only review access requests submitted on or after 1 July 2026.
Your application must be in writing and must explain why you are seeking a review and why you believe the determination is incorrect.
Your application should be emailed to ACTExecutiveRecords@ombudsman.gov.au.
A release restraint determination is also a decision reviewable by the ACT Civil and Administrative Tribunal (ACAT).
For access applications submitted before 1 July 2026, you can apply to the ACT Government for an internal review.
Email your application to: CMTEDD.GBC@act.gov.au.
Your application must explain why the determination should be reviewed.
Are there any time limits?
You must apply for a review within 28 days of being notified of the determination.
In some circumstances, the Ombudsman may accept a late application.
If your application is late, you must explain why the Ombudsman should accept your application.
What will happen to my application?
When we receive your application, we will check:
- if it is a reviewable determination
- you are a person who can apply for review of the determination
- you have applied within the 28 day timeframe, unless an extension was granted.
We will send you an acknowledgement with your review reference number.
Before deciding an application, we may ask you or the ACT Government to provide additional information.
We may decide to refuse to consider an application if the information we have requested is not provided.
We may confirm, vary or revoke the original determination. We will notify you of our decision in writing.
Important: The Ombudsman does not create, hold or release executive records.
The ACT Government is responsible managing executive records, including implementing decisions following Ombudsman review outcomes.
How long will it take
There is a 30 working doy timeframe for the Ombudsman to decide a review application.
This does not include time spent waiting for information from the applicant or the ACT Government.
This review period may be extended by:
- any period agreed between the Ombudsman and the applicant
- up to 30 working days for large or complex applications, or where the Ombudsman considers an extension is reasonable in the circumstances.
We will update you regularly as we consider your review request.
A review request may take longer to finalise where an applicant or the ACT Government takes longer to provide copies of relevant documents, delaying the commencement of the review.
Some review requests are complicated and need to be carefully considered.
If you are unhappy
If you are unhappy with the Ombudsman’s decision, you can apply to the ACT Civil and Administrative Tribunal for review (ACAT).
More information is available on the ACAT website (external).
The relevant ACT Government agency, not the Ombudsman, is a party to any review of Ombudsman decisions by the ACAT.
Contact us
For advice on Ombudsman review, please contact the Executive Records Scheme team at:
ACTExecutiveRecords@ombudsman.gov.au
or by calling: (02) 5117 3650.
Further information
Cabinet documents become accessible to the public after 10 years and a list of available documents is published electronically every Canberra Day on the Executive document webpage on the ACT Government site (external).