Decision not to continue to undertake an Information Commissioner review
under s 54W(c) of the Freedom of Information Act 1982
Information Commissioner review applicant H
Agency
Australian Broadcasting Corporation
Decision date
20 September 2024
OAIC reference number
MR24/00181
Agency reference number
ABC FOI 202324-031
Decision
1. I refer to the application made by H (the applicant) for Information Commissioner review (IC
review) of a made by the Australian Broadcasting Corporation (the Agency) on 14 August 2024,
under the
Freedom of Information Act 1982 (Cth) (the FOI Act).
2. As a delegate of the Information Commissioner, I have decided to exercise my discretion not to
continue to undertake an IC review under s 54W(c) of the FOI Act.
3. The background of this matter is provided at
Attachment A.
Discretion not to continue to undertake an IC review
4. If an applicant fails to comply with a direction of the Information Commissioner, including the
Direction as to certain procedures to be followed by applicants in Information Commissioner
reviews, 1 the Information Commissioner may in some cases decide not to undertake or
continue to undertake an IC review. The Direction specifically states:
Applicants must respond to requests for information from the OAIC within the time
provided unless there are exceptional circumstances warranting a longer period to
respond. If more time is needed, a request for an extension of time must be made to the
OAIC at the earliest opportunity within the period provided for response, and no later than
2 days before that period is due to expire. Requests for more time must explain the
exceptional circumstances that necessitate additional time and propose a new date for
response. Approval of an extension request is at the discretion of the OAIC.
1 Se
e Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [3.1] [3.2]
Reasons for decision
5. In deciding whether to exercise the discretion not to continue to undertake a review, I have
considered the participation of the applicant during the IC review process. I am satisfied that
the applicant failed to comply with a Direction of the Information Commissioner, as provided
above.
6. As such, continuing to review this matter does not promote the objects of the FOI Act.
7. I confirm that this IC review is now closed. Your review rights are set out below.
Yours sincerely,
Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
20 September 2024
ATTACHMENT A
Background
Date
Events
15 September 2023
FOI request made to the Agency.
29 January 2024
IC review application received by the Office of the Australian
Information Commissioner.
27 February 2024
The OAIC commenced the IC review and requested the Agency
to provide documents under s 54Z of the FOI Act to progress
the review.
14 August 2024
The Agency issued a revised decision, providing some access
to documents within the FOI request.
2 September 2024
The OAIC sought the applicant’s advice about whether the
applicant wished to proceed with the IC review and if so, to
provide reasons why they wished to proceed in accordance
with the Information Commissioner’s writte
n direction to IC
review applicants. The OAIC also advised the applicant that
their IC review may be finalised under s 54W(c) of the FOI Act,
if the applicant failed to comply with the direction by the
specified date
Review rights
Judicial review
You can apply to the Federal Court of Australia or the Federal Circuit Court for a review of a
decision of the Information Commissioner if you think that a decision by the Information
Commissioner not to review or not to continue to undertake review of this IC review application
under the Freedom of Information Act 1982 (the FOI Act) is not legally correct. You can make this
application under the Administrative Decisions (Judicial Review) Act 1977.
The Court will not review the merits of your case, but it may refer the matter back to the
Information Commissioner for further consideration if it finds the decision was wrong in law or the
Information Commissioner's powers were not exercised properly.
An application for review must be made to the Court within 28 days of the OAIC sending the
decision or determination to you. You may wish to seek legal advice as the process can involve
fees and costs. Please contact the Federal Court registry in your state or territory for more
information or visit the Federal Court website.2
Making a complaint to the Commonwealth Ombudsman
If you believe you have been treated unfairly by the OAIC, you can make a complaint to the
Commonwealth Ombudsman (the Ombudsman). The Ombudsman's services are free. The
Ombudsman can investigate complaints about the administrative actions of Australian
Government agencies to see if you have been treated unfairly.
If the Ombudsman finds your complaint is justified, the Ombudsman can recommend that the
OAIC reconsider or change its action or decision or take any other action that the Ombudsman
considers is appropriate. You can contact the Ombudsman's office for more information on 1300
362 072 or visit the Commonwealth Ombudsman’s website.3
Accessing your information
If you would like access to the information that we hold about you, please
contact us.
More information is available on our website. 4
2 Se
e Federal Court of Australia
3 Se
e Commonwealth Ombudsman
4 Se
e About us: Access our information
