If you’ve received a notice from the National Fire Ant Eradication Program (NFAEP) advising that your property will be treated—often with chemical baiting—and you disagree with the decision, you may be entitled to request an internal review under Queensland’s biosecurity laws.
What Is an Internal Review?
An internal review is a formal request for the original decision to be reconsidered by someone who was not involved in making it. The process is governed by the Biosecurity Act 2014 (Qld), and further guidance is provided on the https://www.dpi.qld.gov.au/business-priorities/biosecurity/policy-legislation-regulation/internal-review-decision.
Internal reviews are designed to be accessible to the public and can be a powerful tool to ensure decisions made about your property are fair, reasonable, and based on all relevant information—including your concerns.
When Should You Apply?
It’s generally best to submit your application after receiving the first official notice that treatment will occur. This is because DAF states that:
“Lodging an application does not of itself mean that the original decision is stayed.”
In other words, applying for an internal review won’t automatically pause or stop the treatment. If you want to formally stop the action while the review is underway, you will need to apply for a stay through:
- The Magistrates Court (for matters related to seizure or forfeiture), or
- QCAT – the Queensland Civil and Administrative Tribunal (for other types of matters).
How Long Does the Review Process Take?
- Once you lodge your completed application, the reviewer must make a decision within 20 days.
- After the review is complete, you must receive written notice of the decision within a further 10 days.
These timeframes may be suspended if the department requests further information from you, so it’s essential to respond promptly to any such requests.
How to Apply
To lodge an internal review application, you must complete and submit the following form:
Your completed form can be submitted via the contact details provided in the form instructions, usually by email or post.
What to Include in Your Application
When filling out the form, it’s important to clearly state:
- Which decision you are asking to be reviewed (e.g. a specific treatment notice).
- Why you believe the decision is wrong, unfair, or unreasonable.
- Any supporting evidence you have (e.g. proof of existing management actions, environmental concerns, health conditions, or prior communication with Biosecurity Queensland).
- Reference relevant sections of the Biosecurity Act 2014 (Qld) if you are familiar with them.
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