FOIREQ24/00397 260
FOI Guidelines and procedure direction
The Information Commissioner has issued guidelines under s 93A of the FOI Act that
Australian Government agencies and Ministers must have regard to when performing
a function or exercising a power under the FOI Act. For information about the IC review
process, see Part 10 of the FOI Guidelines.
The ‘Direction as to certain procedures to be followed in IC reviews’ applies to agencies and
Ministers during IC reviews and during preliminary inquiries prior to the commencement of
an IC review, if such inquiries are undertaken. The Procedure Direction sets out the
procedures that agencies and ministers must follow in respect of the production of
documents, the provision of a statement of reasons where access has been deemed to be
refused and the provision of submissions.
The IC Review Procedure Direction also explains that:
• because the model litigant obligation under the Legal Services Directions 2017
extends to Commonwealth entities involved in merits review proceedings, failure to
adhere to the requirements of this Direction may amount to non-compliance with
the model litigant obligation.
• the IC may report non-compliance with this Direction in the OAIC’s Annual Report.
• the IC may also report non-compliance with this Direction to the Office of Legal
Services Coordination in the Attorney-General’s Department
• the IC may also consider non-compliance within this Direction as part of
investigations they conduct under Part VIIB of the FOI Act.
Direction issued by [name], Director, Freedom of Information
Signed:
Date: 29 August 2024
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FOIREQ24/00397 262
Production of documents and information under s 55U(3) of the FOI Act
As a delegate of the Information Commissioner, I am authorised to exercise the Information
Commissioner’s powers under s 55U of the FOI Act.
Section 55U(3) of the FOI Act provides that if the Information Commissioner is not satisfied
by evidence on affidavit or otherwise that documents are exempt documents under [s 33, 34
or 45A], the Commissioner may require that the document be produced for inspection.
[insert reasoning e.g.:]
s 22
I am not satisfied, based on the submissions and reasons provided by the Department to
date, that the Department has provided sufficient evidence to establish that the relevant
documents are exempt under s 34 of the FOI Act.
Therefore, under s 55U of the FOI Act, I require you to produce a marked up and unredacted
copy of the documents that the Department found to be exempt under s 34 of the FOI Act.
Compliance with this notice
Compliance with this notice can be met by delivery of the required documents via safe-hand
delivery. Please contact [CASE OFFICER] on [PHONE NUMBER] to arrange safe-hand delivery.
I require you to produce the documents requested no later than
close of business [DATE].
Yours sincerely
2
FOIREQ24/00397 263
Director
Freedom of Information
Office of the Australia Information Commission
29 August 2024
3
FOIREQ24/00397 264
Our reference numbers: [MRYY/XXXXX / See Attachment A]
Agency references: [XXXXXXX / See Attachment A]
Name
Title
Branch
Agency
By email:
CC:
Information Commissioner reviews request for documents
Dear [Name],
The Office of the Australian Information Commissioner (OAIC) is conducting Information
Commissioner reviews (IC reviews) of decisions made by the Agency (the Agency) under the
Freedom of Information Act 1982 (the FOI Act) for the matter/s listed in
Attachment A.
The OAIC provided the agency a copy of the respective IC review applications at the time of
issuing a notice of IC review under section 54Z of the FOI Act.
When the OAIC issued these notices, it requested information in line with paragraph 10.100
of Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI Act.
Based on the information before me, it appears that the agency has not provided the
information the OAIC requested from the agency for these IC reviews.
Direction pursuant to s 55(2)(e)(ii) of the FOI Act
The Information Commissioner may give written directions as to the procedure to be
followed in relation to a particular IC review (s 55(2)(e)(i )).
In order to assist the Information Commissioner in progressing these IC reviews, I am issuing
the attached written direction under s 55(2)(e)(i ) of the FOI Act (see
Attachment B).
Information as to the method and timeframe of compliance are contained in the direction.
Notice to produce documents and give information
The Information Commissioner may, for the purposes of deciding whether documents are
exempt documents, require the documents to be produced (s 55T of the FOI Act).
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
FOIREQ24/00397 265
Should the scope of any particular IC review[s] (as outlined in
Attachment A) involve exempt
material (excluding exempt material under ss 33, 34 and/or 45A), a marked up and
unredacted copy of all documents identified within the scope of the respective FOI
request[s] is required pursuant to the notice issued under s 55T of the FOI Act (see
Attachment B).
Obligations during the IC review process
The obligations of the Agency during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed in IC reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Heath Baker
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
29 August 2024
2
FOIREQ24/00397 267
Attachment B
Direction to
the Agency
under s 55(2)(e)(ii) and notice to produce under s 55T
of the Freedom of Information Act 1982
Section 55(2)(e)(i ) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to IC review applications identified in
Attachment A, I, Heath Baker, delegate of
the Australian Information Commissioner, issue the following direction to you, [Name],
under s 55(2)(e)(ii) of the FOI Act and require your production of documents, where
indicated, under s 55T of the FOI Act:
Documents required if no revised decision made
1. Paragraph 10.100 of the Guidelines issued under s 93A of the FOI Act sets out the
information that the Agency must provide to the OAIC. Please provide the
information outlined in paragraph 10.100 of the Guidelines that relate to these
reviews by
[3 WEEKS].
Documents required if revised decision made granting full access
2. Should the Agency wish to provide full access to the documents within the scope of a
particular request, I request that Agency make a revised decision under s 55G of the
FOI Act and provide the revised decision[s] to the respective applicant[s] and the
OAIC by
[3 WEEKS].
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
FOIREQ24/00397 268
Documents required if revised decision made granting partial access
3. Should the Agency wish to provide partial access to the documents within the scope
of a particular request, I request that Agency make a revised decision under s 55G of
the FOI Act in respect to the relevant request[s] and provide the revised decision[s]
to the respective applicant[s] and the OAIC by
[3 WEEKS].
4. Please also provide the following documents to the OAIC by
[3 WEEKS].
a. The FOI request[s], and any correspondence that modifies the scope of each
request[s].
b. The names and contact details of anyone who was consulted by the Agency
formally under ss 15(7), 26A, 27A, or informally (including consultations with
other government agencies) in relation to the request[s].
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Agency and anyone who was
consulted, including file notes of any relevant telephone conversations in
relation to the request[s].
e. A marked up and un-redacted copy of all documents identified within scope
of the request[s] that is subject of IC review, as identified in Attachment A, in
an electronic format (under s 55T of the FOI Act).
Compliance with this Direction can be met by delivering the responses electronically to
xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Agency provides during the
IC reviews with the applicants unless there are compelling reasons not to. However, we do
not provide the applicant with copies of the document[s] at issue.
Direction issued by Heath Baker, Director, Freedom of Information Branch, Office of
the Information Commissioner
Signed:
Heath Baker
Director,
Freedom of Information Branch
Office of the Australian Information Commissioner
29 August 2024
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FOIREQ24/00397 269
Attachment C
Notice to produce documents and give information
In relation to IC review applications identified in
Attachment A, under ss 55T of the FOI Act, I,
Heath Baker, delegate of the Information Commissioner, require the [AGENCY NAME] to give
me the following information by close of business
[3 WEEKS]:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Heath Baker, Director, Freedom of Information Branch
Signed:
Heath Baker
Director
Intake and Early Resolution Team
Freedom of Information Branch
Office of the Australian Information Commissioner
29 August 2024
6
FOIREQ24/00397 274
Dear [Name],
Your matter is currently awaiting al ocation to a review advisor. When this happens the review
advisor will contact you.
Please note, we are unable to give an estimate of the time it will take to finalise your IC review. As a
guide, the OIAC is working through a large backlog and is currently prioritising 2020 matters.
Regards,
Use below example where we are waiting for R response – Short Version:
Dear [Name],
Thank you for your email.
We are currently awaiting information from the [Respondent name] in relation to this matter. We
anticipate receiving this information in[date e.g. month and year OR specific date such as 1 July
2024].
However, due to the number of IC review applications on hand, and the need to prioritise IC review
applications that were received earlier, we are unable to provide a timeframe on when you will
receive an outcome for this matter.
To assist you in determining an approximate timeframe, the OAIC is currently focusing on the case
management and finalisation of aged matters, particularly those IC review applications that were
received in 2020 and any others that remain on hand. The OAIC received your application for IC
review in [date eg October 2023].
If you have any questions regarding this matter, please do not hesitate to contact us at
xxxxx@xxxx.xxx.xx
Kind Regards
Use below update to A where we have received R s54Z resp and docs but need to review to ensure
we have all we need to progress to Reviews Team:
Dear [Name],
Thank you for your request[s] for an update on [ xx month 202X}, and please accept my sincere
apologies the delayed response.
We have received information from[Respondent] in response to our notice of commencement of IC
review and request for documents. Your matter is awaiting review of that information to ensure we
have all information required for progression to the Reviews and Investigation team where it will
wait allocation to a Review Adviser for further assessment. This will involve case management,
including the exchange of submissions between the parties, assessment of the material received,
and/or a forming of a preliminary view where appropriate, ahead of any decision by the
Commissioner under s 55K.
FOIREQ24/00397 275
Please note as the OAIC is currently focussing on the case management and finalisation of aged
matters, we are unable to provide an indicative timeframe at this stage. To assist you in
determining an approximate timeframe, the OAIC is focussing on progressing the 2020 IC review
applications and which remain on hand. Your IC review was received on [date month year], and it
will take some time before your IC review is allocated and progressed. However, once your matter
is allocated to a Review Adviser, they will contact you to provide a further update and advise of the
next steps.
Further information about the IC review process is available in Part 10 of the FOI Guidelines.
Kind Regards
Use below update to A where have not yet received R s54Z response/have fol owed up R for s54Z
response and waiting for it
Dear [Name],
Thank you for your request[s] for an update on [ xx month 202X}, and please accept my sincere
apologies the delayed response.
Options 1-3 below for second paragraph:
Option 1: We will be contacting the Respondent for further information in order to progress your
matter. Once we have received the information it will be reviewed to ensure it can be progressed
to the Reviews and Investigation team where it will wait allocation to a Review Adviser for further
assessment. This will involve case management, including the exchange of submissions between
the parties, assessment of the material received, and/or a forming of a preliminary view where
appropriate, ahead of any decision by the Commissioner under s 55K.
OR
Option 2: We have requested further information from the Respondent which we expect to receive
by [date]. Once we receive this further information, it will be reviewed to ensure all material
requested is received for progression to the Reviews and Investigation team and await allocation
to a Review Adviser for further assessment. This will involve case management, including the
exchange of submissions between the parties, assessment of the material received, and/or a
forming of a preliminary view where appropriate, ahead of any decision by the Commissioner
under s 55K.
OR
Option 3: The document requested from the [Respondent name] have now been received. The
requested documents are awaiting review to ensure all material requested has been received.
Once this is complete, your matter will move to the Reviews and Investigation team and await
allocation to a review adviser for further assessment. This will involve case management,
including the exchange of submissions between the parties, assessment of the material received,
and/or a forming of a preliminary view where appropriate, ahead of any decision by the
Commissioner under s 55K.
FOIREQ24/00397 276
Please note as the OAIC is currently focussing on the case management and finalisation of aged
matters, we are unable to provide an indicative timeframe at this stage. To assist you in
determining an approximate timeframe, the OAIC is focussing on progressing the 2020 IC review
applications and which remain on hand. Your IC review was received on [date month year], and it
will take some time before your IC review is allocated and progressed. However, once your matter
is allocated to a Review Adviser, they will contact you to provide a further update and advise of the
next steps.
Further information about the IC review process is available in Part 10 of the FOI Guidelines.
Kind Regards
FOIREQ24/00397 277
Allow
Dear [name]
I wil al ow you to make confidential submissions for this matter because [reason].
However, you should keep the confidential submission as brief as possible and it should only contain
the information that cannot be shared with the applicant. Everything else should be in the open
submission.
Regards,
[EL2 name]
FOIREQ24/00397 278
Email template to Third Party advising it is joined as a party under s55A(1)(c) in access refusal IC
review
Our reference:
Agency reference:
Dear [name]
Thank you for your email.
As it appears that [you/entity] were consulted by the [respondent] in processing the FOI request,
[You/entity] is a party to this IC review under s 55A(1)(c) of the FOI Act. As [you/entity] is a party to
the review, [you/entity] will be given a reasonable opportunity to present [your/its] case under s
55(4)(b) of the FOI Act. [You/entity] wil also be notified of any decision by the Information
Commissioner under s 55K(6).
At this stage, the IC review is awaiting allocation to a review adviser. Once the IC review is allocated,
the review adviser will contact the review parties to discuss the next steps.
If you wish to contact us about this matter, please use the reference number [reference].
Kind regards
FOIREQ24/00397 279
Email subject line: OAIC – MRXX/XXXXX - Response required by DD Month 2024 - [Applicant
name]’s/Your IC review application about the [Respondent Name]
Our reference: MRXX/XXXXX
Agency reference: XXXXXXX
Applicant Name
[Represented by: ]
By email: [Email Recipient’s Email Address]
[Applicant name]’s/Your review application about the [Respondent Name]
Good morning/afternoon [Email Recipient Name],
[IF APP HAS IDENTIFIED REQUIREMENT FOR INTERPRETER IN APPLICATION – You have previously
stated you may need the help of an interpreter. You may wish to cal the Translating and Interpreting
Service on 131 450, and ask for help speaking with the Office of the Australian Information
Commissioner]
On DD Month 202X, you requested an Information Commissioner (IC) review of the FOI decision
made by the Department/Agency/Office.
The Department/Agency/Office has notified the Office of the Australian Information Commissioner
(OAIC) it made a revised decision on DD Month 2024.
Action required by you before [ DD Month 2023 -
2 weeks from send date]:
1. If you no longer require an IC review, please reply to this email stating “I no longer
require an IC review”.
2. If you wish to proceed with your IC review application, you must tel us which parts of
the decision you disagree with and why, including:
• which documents you consider were not provided or should have been provided, or
• which exemptions you consider should not have been applied.
Intention not to continue to undertake Applicant name’s/your IC review
The Commissioner’s written direction to IC review applicants requires that:
• where an applicant wishes to proceed with a review of a revised decision they
must
explain why they disagree with the decision and the basis on which they wish to
proceed with the IC review [2.25], and
• applicants
must respond to enquiries from the OAIC within the period provided
unless there are circumstances warranting a longer period to respond [2.22].
Section 54W(c) of the
Freedom of Information Act 1982 provides that the IC may decide not to
continue to undertake a review where an applicant fails to comply with a direction of the IC.
As such, if we do not hear from you by
[DD Month 2023 –- 2 weeks from send date], we intend to
exercise the discretion to finalise your IC review application.
Assistance
FOIREQ24/00397 280
If you are unable to respond by [
DD Month 2023 - 2 weeks from send date], please respond to this
email and request an extension of time to provide your response.
If you require an interpreter, please cal the Translating and Interpreting Service on 131 450, and ask
for help speaking with the Office of the Australian Information Commissioner. Alternatively, you may
wish to be supported by a person of your choosing anytime throughout this process.
If you require assistance regarding this email, please contact us at xxxxx@xxxx.xxx.xx.
Please quote the reference
MRXX/XXXXX in all correspondence.
Kind regards,
[Signature Block]
FOIREQ24/00397 282
The IC Review Procedure Direction also explains that:
• in the event of non-compliance with the IC review Procedure Direction, the
Information Commissioner may proceed to make a decision under s 55K of the
FOI Act on the basis that the agency or minister has failed to discharge their onus
under s 55D of the FOI Act
• as the model litigant obligation under the Legal Services Directions 2017 extends to
Commonwealth entities involved in merits review proceedings, failure to adhere to
the requirements of the IC Review Procedure Direction may amount to non-
compliance with the model litigant obligation.
Direction issued by Heath Baker, Director, Freedom of Information
Signed:
Date: 29 August 2024
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FOIREQ24/00397 284
In an IC review of an access refusal decision, the [agency or minister] bears the onus of
establishing that their decision is justified or that I should give a decision adverse to the IC
review applicant (s 55D(1)).
Section 24A of the FOI Act requires that an agency take ‘all reasonable steps’ to find a
requested document before refusing access to it on the basis that it cannot be found or does
not exist.
Based on the [agency or minister’s] decision, I am not satisfied that the [agency or minister]
has demonstrated that it has taken all reasonable steps to find the requested document[s]
and that the document[s] cannot be found or does not exist/ no further documents can be
found.
This is because: [provide reasons as to why the OAIC is not satisfied that the agency/minister
has complied with s 24A,]
For example:
The scope of the applicant’s request appears to have been misinterpreted
It is not evident that any steps have been taken to search for relevant documents
Accordingly, to assist the Information Commissioner in progressing this IC review, I am
issuing the attached notice under ss 55V(2) (
Attachment A), and a checklist to be completed
by the [agency or minister] in conducting further searches (
Attachment B).
Yours sincerely
[Name of delegate]
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
[Date]
2
FOIREQ24/00397 285
Attachment A
Notice to [agency or minister] to conduct further searches
under s 55V of the Freedom of Information Act 1982
In relation to [case reference], I, [name of delegate], [role title], delegate of the Australian
Information Commissioner for the purposes of the
Freedom of Information Act 1982 (Cth) (FOI
Act), require the [agency or minister] to:
• conduct further searches under s 55V(2) of the FOI Act for documents
relevant to the scope of the applicant’s FOI request
• complete the attached checklist (
Attachment B), as evidence of completion
of the further searches
• Return the completed checklist to the OAIC via xxxxx@xxxx.xxx.xx,
by [2
weeks
Notice issued by [name of delegate], [role title], Freedom of Information Branch
Signed:
[Date]
3
FOIREQ24/00397 287
Subject: OAIC – Response Required – MR – Information Commissioner review application about
the [Respondent Name]
Our reference:
Agency/Minister reference:
By email: [Email Recipient’s Email Address]
Information Commissioner review application about the [Respondent
Name]
Good morning/afternoon [Email Recipient Email Address]
I sincerely apologise for the time elapsed between correspondences.
By way of update, the Office of the Australian Information Commissioner (OAIC) is continuing to
allocate and review matters received in 2020. As such, given the passage of time and further
anticipated delays, I am writing to seek clarification about whether you wish to continue with your
review application.
[if relevant] The OAIC has not corresponded with you since DD Month YEAR.
Action required by you before DD Month 2024: (two -three weeks)
1. If you no longer wish to continue with the IC review, please reply to this email stating “I no
longer require an IC review”. There is no penalty for withdrawing and you may continue to
submit new FOI requests to the Agency/Minister at any time.
2. If you wish to continue, can you please confirm:
• Whether any of the material related to the FOI decision under review is linked to
ongoing proceedings before the Administrative Appeals Tribunal or court.
• Whether any of the material you are seeking has been released to you, such as through
a more contemporarily made FOI request to the Agency/Minister; and
• If your reasons for seeking IC review have changed.
Discretion not to continue to undertake an IC review
If an applicant fails to comply with the Direction as to certain procedures to be followed by
applicants in Information Commissioner reviews, the Information Commissioner may in some
cases decide not to undertake an IC review or make a decision at their discretion, not to continue
with the review. The Direction specifically states:
[insert relevant directions]
•
If we do not hear from you by DD Month 2024
we intend to exercise the discretion to finalise your IC
review application.
FOIREQ24/00397 288
Assistance
If you are unable to respond by
DD Month 2024, you must request more time at the earliest
opportunity and no later than DD Month 2024.
[two days before due date]. 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
If you require assistance regarding this email, please contact us at xxxxx@xxxx.xxx.xx.
Please quote the reference MR in all correspondence.
Kind regards,
FOIREQ24/00397 289
Our reference:
Agency reference:
Name
By email:
Withdrawal of IC review application
Dear
Thank you for your response.
This matter is now considered withdrawn under s 54R of the
Freedom of Information Act 1982 (Cth).
Section 54R(2) states that if an IC review application is withdrawn, it is taken never to have been
made.
The matter is now closed.
Kind regards
FOIREQ24/00397 290
Subject line: OAIC – MR - Response due DD Month YEAR - Notice of request for Information
Commissioner review and request for documents
//
Our reference:
Agency/Minister reference:
FOI Contact Officer
Agency/Minister
By email: [Agency/Minister email]
Notice of request for Information Commissioner review and request for
documents
Dear FOI Contact Officer,
Please find attached notice of Information Commissioner (IC) review and request for documents. A
response is required by
DD Month YEAR.
The Information Commissioner will share the submissions you provide during the IC review with
the applicant unless there are compelling reasons not to. However, we do not provide the
applicant with copies of the documents at issue. Should you wish to provide submissions in
confidence, please refer to the Direction as to certain procedures to be followed by agencies and
ministers in IC reviews which sets out the process for making such a request.
Extensions of time to comply with a notice issued by the Office of the Australian Information
Commissioner (OAIC) will only be granted in exceptional circumstances. Please note, in the
absence of the OAIC advising you that the requested extension has been granted, the original due
date applies.
Kind regards,
FOIREQ24/00397 292
Table 1: scope of IC review in standard 54Z notice
Scope of IC Review
Searches
The IC review applicant contests that further documents exist within the scope of their request (s 24A(1)).
Exemptions
The IC review applicant contests the respondent’s reasons for refusing access as set out in the decision under review.
Searches and Exemptions
The IC review applicant contests the respondent’s reasons for refusing access as set out in the decision under review and
that further documents exist within the scope of their request (s 24A(1)).
Practical Refusal (24AA(1)(b))
The IC review applicant contests the respondent’s reasons for refusing access as set out in the decision under review.
Charges
The issue to be decided in this IC review is whether the respondent’s decision in relation to the imposition of a charge
was the correct and preferable decision in the circumstances.
In this regard, we draw the respondent’s attention to a recent decision made by the Freedom of Information
Commissioner;
ABX’ and Department of Veterans’ Affairs (Freedom of information) [2022] AICmr 57 (29 July 2022).
In ABX, the FOI Commissioner noted that agencies should reconsider whether a charge should be imposed having regard
to the amount of the charge imposed and the public resource applied to date.
Accordingly, we invite the respondent to consider making a revised decision under s 55G of the FOI Act relieving the
applicant from liability to pay the charge.
Amendment of Records
The IC review applicant contests the respondent’s reasons for refusing to amend records under review as provided in s
53A(g) of the FOI Act.
FOIREQ24/00397 294
Further information
Further information about the IC review process is available in Part 10 of the FOI Guidelines
(at [10.1] – [10.157]).
Further information about access grant decisions is available at [10.9] of the FOI Guidelines,
while further information about applying to become a review party is available at [10.54] –
[10.57] of the FOI Guidelines.
Should you wish to discuss this matter, please contact the OAIC enquiries line
on 1300 363
992 or email xxxxx@xxxx.xxx.xx and quote the reference number at the top of this email.
Yours sincerely,
[First Name Last Name]
[Position Title]
Date
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FOIREQ24/00397 301
Next steps
At this stage, the matter is awaiting allocation to a review adviser. Due to the number of IC
review applications on hand, and the need to prioritise IC review applications that were
received earlier, this may not occur for some time. After the file is allocated, the review
adviser will contact you to advise of next steps in the matter.
Your review will continue to progress through the initial stages of an IC review. The initial
stages of an IC review may include assessment by a senior member of the team, conducting
preliminary inquiries with an agency, requesting submissions from the agency in support of
their FOI decision or requesting the documents at issue.
Further information about the steps in the Information Commissioner review process is
available in Part 10 of the FOI Guidelines at [10.116].
Please note, during an IC review the OAIC will generally share the submissions you provide
with the Department.
Should you wish to discuss this matter, please contact the OAIC enquiries line
on 1300 363
992 or email xxxxx@xxxx.xxx.xx and quote the reference number at the top of this email.
Yours sincrely
Intake and Early Resolution Team
Freedom of Information Regulatory Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application and decision under review].
29 August 2024
2
FOIREQ24/00397 302
Attachment A
Submissions in support of claiming a practical refusal exists under s
24 of the FOI Act
Please provide the completed document to the OAIC with the information the
respondent is required to provide in accordance with paragraph [3.14] of the
Direction as to certain procedures to be followed by agencies and ministers in IC
reviews | OAIC. Completion of the following tables will be taken as the respondent’s
submissions in this IC review. The respondent is required to send these submissions
to the applicant at the same time as they are sent to the OAIC (see the Procedure
Direction at [3.23]).
Details of submission
Agency reference
OAIC reference
Date submitted to OAIC
Processing timeline and request consultation process (s 24AB)
Event
Date
FOI request received
Request consultation notice sent
Applicant’s response
Further contacts with applicant (if relevant)
Applicant notified of decision
Internal review request received (if relevant)
Internal review decision made (if relevant)
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
FOIREQ24/00397 308
Requirement for parties to engage and share submissions
As part of this process:
• the OAIC requires respondents and applicants to engage with each other to attempt
to resolve or narrow the issues in dispute. The respondent should initiate this
process
• the respondent has until
[30 business days] to complete the engagement and share
its submission with the OAIC and the applicant. The applicant then has 10 business
days to share their submission with the OAIC and the respondent
• the respondent also has until
[30 business days] to provide the OAIC with the
information set out in Table A of the Directions as to certain procedures to be
followed by agencies and ministers in IC reviews.
Annexure A has more information for applicants about the engagement process and sharing
submissions.
Annexure B has more information for respondents about the engagement
process and sharing submissions.
Request for information from respondent
Table A of the Directions as to certain procedures to be followed by agencies and ministers in
IC reviews sets out the information the respondent must provide to the OAIC. Please provide
the information outlined in Table A that relates to this review.
Respondents can comply with this notice by delivering the response to xxxxx@xxxx.xxx.xx by
[30 business days].
Obligations during the IC review process
The obligations of the respondent during the IC review process are set out under:
• ss 55D, 55DA and 55Z of the FOI Act
• Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and
ministers must have regard to when performing a function or exercising a power
under the FOI Act
• Direction as to certain procedures to be followed by agencies and ministers in IC
reviews issued under s 55(2)(e)(i) of the FOI Act.
2
FOIREQ24/00397 309
The obligations of the applicant during the IC review process are set out under:
• Part 10 the Guidelines issued under s 93A of the FOI Act
• Direction as to certain procedures to be followed by applicants in Information
Commissioner reviews issued under s 55(2)(e)(i) of the FOI Act.
Yours sincerely
[First Name Last Name]
Intake and Early Resolution Team
Freedom of Information Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application and decision under review].29 August 2024
3
FOIREQ24/00397 310
Annexure A: Further information for applicants
The procedure that applicants are to follow in IC reviews is set out in Direction as to certain
procedures to be followed by applicants in Information Commissioner reviews. The below
summarises your obligations to engage with respondents, and provide submissions to both
the OAIC and respondents.
Obligation for you to engage
The respondent must initiate engagement with you and make reasonable attempts to
engage.1 The engagement aims to resolve or narrow the issues in dispute in the IC review.
Engagement could involve a phone call or video conference between you and the
respondent. You can tell the respondent if they would prefer to engage another way.2
The respondent must demonstrate to the OAIC what they have done to engage with you to
resolve or narrow the issues in dispute in the IC review. If the respondent does not take
sufficient actions to engage with you, the OAIC will direct them to engage further.3
If you fail to participate in the engagement process (without reasonable excuse), the OAIC
may decide to not continue the IC review. This will be on the ground you have failed to
cooperate in progressing the IC review without reasonable excuse.4 The OAIC will warn you if
we are considering this possibility and give you the opportunity to respond.
We expect that you and the respondent will engage in the IC review process with respect and
courtesy.5
Sharing submissions between you and the respondent
If respondents make a submission in support of their FOI decision, they must send their
submission to you at the same time as sending them to the OAIC. You can then make a
1 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.17]
2 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.19]
3 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.20]
4 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.21]
5 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
4
FOIREQ24/00397 311
submission in response. You will have 10 business days6 to make a submission about why
you disagree with the respondent, and you are required to send your submission to the
respondent at the same time as sending to the OAIC.7
When it sends its submission to you and the OAIC, the respondent should remind you that
you then have 10 business days to make your submission.
The OAIC will generally proceed with making an IC review decision on the basis of the
evidence respondents provide in response to this notice, and any submissions the parties
make. If you do not make submissions when an opportunity to do so has been provided, the
OAIC may make a final decision without giving any further opportunity to make
submissions.8
You can ask the OAIC to make a submission in confidence. Your request must give reasons
why you want to make a confidential submission and the OAIC will consider those reasons
and decide whether to accept the submission on a confidential basis. If the OAIC agrees to
treat a submission confidentially, you will generally be required to provide a second version
of the submission which can be shared.9
6 Respondents have 30 business days because they must engage with applicants as well as providing information
and making submissions. You have 10 business days because you are only required to make submissions.
7 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.27]
8 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.28]
9 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.30]
5
FOIREQ24/00397 312
Annexure B: Further information for respondents
The procedure that respondents are to follow in IC reviews is set out in Direction as to certain
procedures to be followed by agencies and ministers in IC reviews. The below summarises
the obligations of respondents to engage with applicants, and provide submissions to both
the OAIC and applicants.
Obligation for respondents to engage
Respondents are required to engage make reasonable attempts to engage with applicants.10
The engagement should aim to resolve or narrow the issues in dispute in the IC review.
Engagement may comprise a phone call or video conference between the respondent and
the applicant. The OAIC will not be involved in arranging or attending these.11 Applicants can
tell respondents if they would prefer to engage another way.12
Respondents must prove the OAIC with information to demonstrate the actions they have
taken to engage the applicant to resolve or narrow the issues in dispute in the IC review.13
The IC has published a checklist to assist agencies and ministers provide relevant
information relating to the agency or minister’s engagement with the applicant during the IC
review: see IC Review Practice Documents.
The OAIC will advise the respondent if they consider the respondent should undertake
further engagement with the applicant during the IC review.14
If applicants fail to participate in the engagement process (without reasonable excuse), the
OAIC may decide to not continue their IC reviews.15
We expect that applicants and respondents will engage in the IC review process with respect
and courtesy.16
10 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.8]
11 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3. 9]
12 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.10]
13 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.11]
14 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.13]
15 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.21]
16 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
6
FOIREQ24/00397 313
Sharing submissions between the respondent and applicant
If respondents make submissions in support of their FOI decisions, they must send their
submissions to applicants at the same time as sending them to the OAIC.17 Respondents
should include prominent reminders in covering correspondence that applicants will have
10 business days from the date of receiving the correspondence to make submissions.
Applicants will be required to send their submissions to respondents at the same time as
they are sent to the IC.18
Respondents should be aware that if they do not make submissions when an opportunity to
do so has been provided, reviews may proceed to a decision under s 55K of the FOI Act
without any further opportunity to make submissions. Respondents should not expect the
opportunity for further submissions. Any request for extensions of time should only be made
where exceptional circumstances can be demonstrated. This is because extensions of time
will only be granted in exceptional circumstances.19
The OAIC will not accept submissions in confidence without a prior request. Any request for
confidentiality must be accompanied by reasons to support such a claim, including whether
the submission would reveal the contents of the documents at issue. Where the OAIC accepts
a submission in confidence, respondents must provide an open version of the submission to
the IC review applicant.20
17 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
18 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
19 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.24-5]
20 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.26-7]
7
FOIREQ24/00397 315
• the respondent also has until
[30 business days] to provide the OAIC with the
information set out in Table A of the Directions as to certain procedures to be
followed by agencies and ministers in IC reviews
• the applicant has 10 business days after receiving the respondent’s submission to
share their submission with the OAIC and the respondent.
Annexure A has more information for applicants about the engagement process and sharing
submissions.
Annexure B has more information for respondents about the engagement
process and sharing submissions.
Request for information from respondent
Table A of the Directions as to certain procedures to be followed by agencies and ministers in
IC reviews sets out the information the respondent must provide to the OAIC. Please provide
the information outlined in Table A that relates to this review.
Respondents can comply with this notice by delivering the response to xxxxx@xxxx.xxx.xx by
[30 business days].
Obligations during the IC review process
The obligations of the respondent during the IC review process are set out under:
• ss 55D, 55DA and 55Z of the FOI Act
• Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and
ministers must have regard to when performing a function or exercising a power
under the FOI Act
• Direction as to certain procedures to be followed by agencies and ministers in IC
reviews issued under s 55(2)(e)(i) of the FOI Act.
The obligations of the applicant during the IC review process are set out under:
• Part 10 the Guidelines issued under s 93A of the FOI Act
• Direction as to certain procedures to be followed by applicants in Information
Commissioner reviews issued under s 55(2)(e)(i) of the FOI Act.
Yours sincerely
2
FOIREQ24/00397 316
«CurrentUserFirstnameSurname»
Intake and Early Resolution Team
Freedom of Information Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application and decision under review].29 August 2024
3
FOIREQ24/00397 317
Annexure A: Further information for applicants
The procedure that applicants are to follow in IC reviews is set out in Direction as to certain
procedures to be followed by applicants in Information Commissioner reviews. The below
summarises the obligations to engage with respondents and provide submissions to both
the OAIC and respondents.
Obligation for you to engage
The respondent must initiate engagement with you and make reasonable attempts to
engage.1 The engagement aims to resolve or narrow the issues in dispute in the IC review.
Engagement could involve a phone call or video conference between you and the
respondent. You can tell the respondent if they would prefer to engage another way.2
The respondent must demonstrate to the OAIC what they have done to engage with you to
resolve or narrow the issues in dispute in the IC review. If the respondent does not take
sufficient actions to engage with you, the OAIC will direct them to engage further.3
If you fail to participate in the engagement process (without reasonable excuse), the OAIC
may decide to not continue the IC review. This will be on the ground you have failed to
cooperate in progressing the IC review without reasonable excuse.4 The OAIC will warn you if
we are considering this possibility and give you the opportunity to respond.
We expect that you and the respondent will engage in the IC review process with respect and
courtesy.5
Sharing submissions between you and the respondent
If respondents make a submission in support of their FOI decision, they must send their
submission to you at the same time as sending them to the OAIC. You can then make a
submission in response. You will have 10 business days to make a submission about why you
1 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.17]
2 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.19]
3 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.20]
4 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.21]
5 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
4
FOIREQ24/00397 318
disagree with the respondent, and you are required to send your submission to the
respondent at the same time as sending to the OAIC.6
When it sends its submission to you and the OAIC, the respondent should remind you that
you then have 10 business days to make your submission.
The OAIC will generally proceed with making an IC review decision on the basis of the
evidence respondents provide in response to this notice, and any submissions the parties
make. If you do not make submissions when an opportunity to do so has been provided, the
OAIC may make a final decision without giving any further opportunity to make
submissions.7
You can ask the OAIC to make a submission in confidence. Your request must give reasons
why you want to make a confidential submission and the OAIC will consider those reasons
and decide whether to accept the submission on a confidential basis. If the OAIC agrees to
treat a submission confidentially, you will generally be required to provide a second version
of the submission which can be shared.8
6 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.27]
7 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.28]
8 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.30]
5
FOIREQ24/00397 319
Annexure B: Further information for respondents
The procedure that respondents are to follow in IC reviews is set out in Direction as to certain
procedures to be followed by agencies and ministers in IC reviews. The below summarises
the obligations of respondents to engage with applicants, and provide submissions to both
the OAIC and applicants.
Obligation for respondents to engage
Respondents are required to engage make reasonable attempts to engage with applicants.9
The engagement should aim to resolve or narrow the issues in dispute in the IC review.
Engagement may comprise a phone call or video conference between the respondent and
the applicant. The OAIC will not be involved in arranging or attending these.10 Applicants can
tell respondents if they would prefer to engage another way.11
Respondents must prove the OAIC with information to demonstrate the actions they have
taken to engage the applicant to resolve or narrow the issues in dispute in the IC review.12
The IC has published a checklist to assist agencies and ministers provide relevant
information relating to the agency or minister’s engagement with the applicant during the IC
review: see IC Review Practice Documents.
The OAIC will advise the respondent if they consider the respondent should undertake
further engagement with the applicant during the IC review.13
If applicants fail to participate in the engagement process (without reasonable excuse), the
OAIC may decide to not continue their IC reviews.14
9 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.8]
10 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3. 9]
11 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.10]
12 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.11]
13 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.13]
14 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.21]
6
FOIREQ24/00397 320
We expect that applicants and respondents will engage in the IC review process with respect
and courtesy.15
Sharing submissions between the respondent and applicant
If respondents make submissions in support of their FOI decisions, they must send their
submissions to applicants at the same time as sending them to the OAIC.16 Respondents
should include prominent reminders in covering correspondence that applicants will have
10 business days from the date of receiving the correspondence to make submissions.
Applicants will be required to send their submissions to respondents at the same time as
they are sent to the IC.17
Respondents should be aware that if they do not make submissions when an opportunity to
do so has been provided, reviews may proceed to a decision under s 55K of the FOI Act
without any further opportunity to make submissions. Respondents should not expect the
opportunity for further submissions. Any request for extensions of time should only be made
where exceptional circumstances can be demonstrated. This is because extensions of time
will only be granted in exceptional circumstances.18
The OAIC will not accept submissions in confidence without a prior request. Any request for
confidentiality must be accompanied by reasons to support such a claim, including whether
the submission would reveal the contents of the documents at issue. Where the OAIC accepts
a submission in confidence, respondents must provide an open version of the submission to
the IC review applicant.19
15 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
16 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
17 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
18 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.24-5]
19 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.26-7]
7
FOIREQ24/00397 322
• the respondent also has until
[30 business days] to provide the OAIC with the
information set out in Table A of the Directions as to certain procedures to be
followed by agencies and ministers in IC reviews.
Annexure A has more information for applicants about the engagement process and sharing
submissions.
Annexure B has more information for respondents about the engagement
process and sharing submissions.
Request for information from respondent
Table A of the Directions as to certain procedures to be followed by agencies and ministers in
IC reviews sets out the information the respondent must provide to the OAIC. In relation to
decisions made to refuse an applicant’s request under s 24, on the basis that a practical
refusal reason exists in relation to the documents, the Respondent must provide the
following:
• The original FOI request and any correspondence with the FOI applicant that
modifies the scope of the FOI request
• Copies of any correspondence including file notes of telephone conversations
relating to the Respondent’s request consultation process, including a copy of; the
letter sent to the applicant, and the applicant’s response (if any).
• Records that demonstrate the number of documents and/or pages encompassed by
the request, including but not limited to notes of any searches conducted, and
consultations with relevant staff members
• An estimate of the number of hours processing time involved, and a breakdown of
this time to demonstrate how the time was estimated
• Evidence of document sampling if undertaken1
• The names and contact details of anyone who was consulted by the Respondent,
formally under ss 15(7), 26A 27A, or informally (including consultations with other
government agencies)
• Submissions in support of the respondent’s decision in the form prescribed by the
OAIC. This is the form set out at
Attachment A, which
will be taken as submissions in
support of the practical refusal reason.
1 See the FOI Guidelines at [3.121].
2
FOIREQ24/00397 323
Respondents can comply with this notice by delivering the response to xxxxx@xxxx.xxx.xx by
[30 business days].
Obligations during the IC review process
The obligations of the respondent during the IC review process are set out under:
• ss 55D, 55DA and 55Z of the FOI Act
• Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and
ministers must have regard to when performing a function or exercising a power
under the FOI Act
• Direction as to certain procedures to be followed by agencies and ministers in IC
reviews issued under s 55(2)(e)(i) of the FOI Act.
The obligations of the applicant during the IC review process are set out under:
• Part 10 the Guidelines issued under s 93A of the FOI Act
• Direction as to certain procedures to be followed by applicants in Information
Commissioner reviews issued under s 55(2)(e)(i) of the FOI Act.
Yours sincerely
«CurrentUserFirstnameSurname»
Intake and Early Resolution Team
Freedom of Information Branch
Office of the Australian Information Commissioner
[Enclosed: IC review application and decision under review].29 August 2024
3
FOIREQ24/00397 324
Annexure A: Further information for applicants
The procedure that applicants are to follow in IC reviews is set out in Direction as to certain
procedures to be followed by applicants in Information Commissioner reviews. The below
summarises your the obligations to engage with respondents, and provide submissions to
both the OAIC and respondents.
Obligation for you to engage
The respondent must initiate engagement with you and make reasonable attempts to
engage.2 The engagement aims to resolve or narrow the issues in dispute in the IC review.
Engagement could involve a phone call or video conference between you and the
respondent. You can tell the respondent if they would prefer to engage another way.3
The respondent must demonstrate to the OAIC what they have done to engage with you to
resolve or narrow the issues in dispute in the IC review. If the respondent does not take
sufficient actions to engage with you, the OAIC will direct them to engage further.4
If you fail to participate in the engagement process (without reasonable excuse), the OAIC
may decide to not continue the IC review. This will be on the ground you have failed to
cooperate in progressing the IC review without reasonable excuse.5 The OAIC will warn you if
we are considering this possibility and give you the opportunity to respond.
We expect that you and the respondent will engage in the IC review process with respect and
courtesy.6
Sharing submissions between you and the respondent
If respondents make a submission in support of their FOI decision, they must send their
submission to you at the same time as sending them to the OAIC. You can then make a
2 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.17]
3 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.19]
4 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.20]
5 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.21]
6 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
4
FOIREQ24/00397 325
submission in response. You will have 10 business days7 to make a submission about why
you disagree with the respondent, and you are required to send your submission to the
respondent at the same time as sending to the OAIC.8
When it sends its submission to you and the OAIC, the respondent should remind you that
you then have 10 business days to make your submission.
The OAIC will generally proceed with making an IC review decision on the basis of the
evidence respondents provide in response to this notice, and any submissions the parties
make. If you do not make submissions when an opportunity to do so has been provided, the
OAIC may make a final decision without giving any further opportunity to make
submissions.9
You can ask the OAIC to make a submission in confidence. Your request must give reasons
why you want to make a confidential submission and the OAIC will consider those reasons
and decide whether to accept the submission on a confidential basis. If the OAIC agrees to
treat a submission confidentially, you will generally be required to provide a second version
of the submission which can be shared.10
7 Respondents have 30 business days because they must engage with applicants as well as providing information
and making submissions. You have 10 business days because you only need to make submissions.
8 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.27]
9 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.28]
10 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.30]
5
FOIREQ24/00397 326
Annexure B: Further information for respondents
The procedure that respondents are to follow in IC reviews is set out in Direction as to certain
procedures to be followed by agencies and ministers in IC reviews. The below summarises
the obligations of respondents to engage with applicants, and provide submissions to both
the OAIC and applicants.
Obligation for respondents to engage
Respondents are required to engage make reasonable attempts to engage with applicants.11
The engagement should aim to resolve or narrow the issues in dispute in the IC review.
Engagement may comprise a phone call or video conference between the respondent and
the applicant. The OAIC will not be involved in arranging or attending these.12 Applicants can
tell respondents if they would prefer to engage another way.13
Respondents must prove the OAIC with information to demonstrate the actions they have
taken to engage the applicant to resolve or narrow the issues in dispute in the IC review.14
The IC has published a checklist to assist agencies and ministers provide relevant
information relating to the agency or minister’s engagement with the applicant during the IC
review: see IC Review Practice Documents.
The OAIC will advise the respondent if they consider the respondent should undertake
further engagement with the applicant during the IC review.15
If applicants fail to participate in the engagement process (without reasonable excuse), the
OAIC may decide to not continue their IC reviews.16
We expect that applicants and respondents will engage in the IC review process with respect
and courtesy.17
11 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.8]
12 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3. 9]
13 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.10]
14 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.11]
15 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.13]
16 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.21]
17 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
6
FOIREQ24/00397 327
Sharing submissions between the respondent and applicant
If respondents make submissions in support of their FOI decisions, they must send their
submissions to applicants at the same time as sending them to the OAIC.18 Respondents
should include prominent reminders in covering correspondence that applicants will have
10 business days from the date of receiving the correspondence to make submissions.
Applicants will be required to send their submissions to respondents at the same time as
they are sent to the IC.19
Respondents should be aware that if they do not make submissions when an opportunity to
do so has been provided, reviews may proceed to a decision under s 55K of the FOI Act
without any further opportunity to make submissions. Respondents should not expect the
opportunity for further submissions. Any request for extensions of time should only be made
where exceptional circumstances can be demonstrated. This is because extensions of time
will only be granted in exceptional circumstances.20
The OAIC will not accept submissions in confidence without a prior request. Any request for
confidentiality must be accompanied by reasons to support such a claim, including whether
the submission would reveal the contents of the documents at issue. Where the OAIC accepts
a submission in confidence, respondents must provide an open version of the submission to
the IC review applicant.21
18 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
19 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
20 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.24-5]
21 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.26-7]
7
FOIREQ24/00397 329
under s 55V has been included at
Annexure C requiring the respondent to undertake further
searches.
[Where issuing 55E] On the basis of the information contained in the application for IC review
[and the information provided by the respondent during preliminary inquiries] a notice
under s 55E has been included at
Annexure C requiring the respondent to provide an
adequate statement of reasons.
Request for information
Paragraph 4.1 of Annexure A.2 of the Directions as to certain procedures to be followed by
agencies and ministers in IC reviews sets out the information the respondent must provide
to the OAIC.1 Please provide the information that relates to this review.
Respondents can comply with this notice by delivering the response to xxxxx@xxxx.xxx.xx by
6 August 2024.
Obligations during the IC review process
The obligations of the respondent during the IC review process are set out under:
• ss 55D, 55DA and 55Z of the FOI Act
• Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and
ministers must have regard to when performing a function or exercising a power
under the FOI Act
• Direction as to certain procedures to be followed by agencies and ministers in IC
reviews issued under s 55(2)(e)(i) of the FOI Act.
The obligations of the applicant during the IC review process are set out under:
• Part 10 the Guidelines issued under s 93A of the FOI Act
• Direction as to certain procedures to be followed by applicants in Information
Commissioner reviews issued under s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Intake and Early Resolution Team
Freedom of Information Branch
1 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [A.2, 4.1]
2
FOIREQ24/00397 330
Office of the Australian Information Commissioner
29 August 2024
[Enclosed: IC review application and decision under review].
3
FOIREQ24/00397 331
Annexure A: Further information for applicants
The procedure that applicants are to follow in IC reviews is set out in Direction as to certain
procedures to be followed by applicants in Information Commissioner reviews. The below
summarises the obligations of applicants to engage with respondents, and provide
submissions to both the OAIC and respondents.
We expect that you and the respondent engage in the IC review process with respect and
courtesy.2
Sharing submissions between you and the respondent
If respondents make a submission in support of their FOI decision, they must send their
submission to you at the same time as sending them to the OAIC. You can then make a
submission in response. You will have 10 business days to make a submission about why you
disagree with the respondent, and you are required to send your submission to the
respondent at the same time as sending to the OAIC.3
When it sends its submission to you and the OAIC, the respondent should remind you that
you then have 10 business days to make your submission.
The OAIC will generally proceed with making an IC review decision on the basis of the
evidence respondents provide in response to this notice, and any submissions the parties
make. If you do not make submissions when an opportunity to do so has been provided, the
OAIC may make a final decision without giving any further opportunity to make
submissions.4
You can ask the OAIC to make a submission in confidence. Your request must give reasons
why you want to make a confidential submission and the OAIC will consider those reasons
and decide whether to accept the submission on a confidential basis. If the OAIC agrees to
treat a submission confidentially, you will generally be required to provide a second version
of the submission which can be shared.5
2 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
3 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.27]
4 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.28]
5 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.30]
4
FOIREQ24/00397 332
Annexure B: Further information for respondents
The procedure that respondents are to follow in IC reviews is set out in Direction as to certain
procedures to be followed by agencies and ministers in IC reviews. The below summarises
the obligations of respondents to provide submissions to both the OAIC and applicants.
We expect that applicants and respondents will engage in the IC review process with respect
and courtesy.6
Sharing submissions between the respondent and applicant
If respondents make submissions in support of their FOI decisions, they must send their
submissions to applicants at the same time as sending them to the OAIC.7 Respondents
should include prominent reminders in covering correspondence that applicants will have
10 business days from the date of receiving the correspondence to make submissions.
Applicants will be required to send their submissions to respondents at the same time as
they are sent to the IC.8
Respondents should be aware that if they do not make submissions when an opportunity to
do so has been provided, reviews may proceed to a decision under s 55K of the FOI Act
without any further opportunity to make submissions. Respondents should not expect the
opportunity for further submissions. Any request for extensions of time should only be made
where exceptional circumstances can be demonstrated. This is because extensions of time
will only be granted in exceptional circumstances.9
The OAIC will not accept submissions in confidence without a prior request. Any request for
confidentiality must be accompanied by reasons to support such a claim, including whether
the submission would reveal the contents of the documents at issue. Where the OAIC accepts
a submission in confidence, respondents must provide an open version of the submission to
the IC review applicant.10
6 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [2.7]
7 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
8 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
9 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.24-5]
10 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.26-7]
5
FOIREQ24/00397 333
[If relevant] Annexure C: s 55V Notice
Notice to conduct further searches under s 55V of the
Freedom of Information Act 1982
Under s 55V(2) I, [name of delegate], [role title], delegate of the Australian
Information Commissioner for the purposes of the
Freedom of Information Act 1982
(Cth) (FOI Act), require the [agency or minister] to:
• Conduct further searches for documents relevant to the scope of the
applicant’s FOI request [
if relevant: In particular, documents relating to
[update as appropriate]].
• Provide the OAIC with evidence of the further searches conducted and
the outcomes of those searches
• Complete and return the searches checklist included below at
Annexure
C.1.
Direction issued by [name of EL1 delegate], Assistant Director, Freedom of
Information Branch
Signed:
Date:
6
FOIREQ24/00397 336
[If relevant] Annexure C: s 55E Notice
Notice to provide an adequate statement of reasons under
s 55E(2) of the Freedom of Information Act 1982
Section 55(E) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may require an agency or Minister to provide an
adequate statement of reasons as mentioned in subsection 26(1) of the FOI Act.
As such, I require you to:
• Provide an adequate statement of reasons under s 26(1) in response to the
applicant’s FOI request that address the searches undertaken to find relevant
documents in accordance with s 24A, as relevant to this IC review.
• Provide the OAIC, and the applicant, with a copy of the statement of reasons by
15
business days].
Delivery of the response should be made via email to xxxxx@xxxx.xxx.xx.
Notice issued by [name of EL1 delegate], Assistant Director, Freedom of Information
Branch
Signed:
29 August 2024
9
FOIREQ24/00397 337
Subject: OAIC – MR - Commencement of Information Commissioner review
Our reference: MR
Agency/Minister reference:
Applicant Name
By email: [Applicant email]
Commencement of Information Commissioner review
Dear [Applicant],
Thank you for your application for Information Commissioner (IC) review about a decision made
by the [Respondent Name] (the Agency/Minister).
Today we notified the Agency/Minister that the Information Commissioner will undertake an IC
review and has requested further information to assist with progressing the review.
We will provide you with an update when we have heard from the Agency/Minister.
If you require assistance regarding this email, please contact us at xxxxx@xxxx.xxx.xx.
Please quote the reference MR in all correspondence.
Kind regards,
FOIREQ24/00397 338
Email subject line: OAIC – MRXX/XXXXX - Response required by DD Month 2024 - [Applicant
name]’s/Your IC review application about the [Respondent Name]
Our reference: MRXX/XXXXX
Agency reference: XXXXXXX
Applicant Name
[Represented by: ]
By email: [Email Recipient’s Email Address]
[Applicant name]’s/Your review application about the [Respondent Name]
Good morning/afternoon [Email Recipient Name],
On DD Month 2023, you requested an Information Commissioner (IC) review of your Freedom of
Information request to the Agency/Minister (the Agency/Minister) as you contested the FOI decision
was incorrect.
The Agency/Minister has notified the Office of the Australian Information Commissioner (OAIC) it has
now provided you with a revised decision, dated DD Month 2024.
As you have now received a revised decision, the OAIC would like to confirm whether you wish to
proceed with your IC review application.
Action required by you before [ DD Month 2024 -
2 weeks from send date]:
1. If [the decision has satisfied your request and] you no longer require an IC review,
please reply to this email stating “I no longer require an IC review”.
2. If you wish to proceed with your IC review application, you must tel us which parts of
the revised decision you disagree with and why, including:
• which documents you consider were not provided or should have been provided, or
• which exemptions you consider should not have been applied.
OR// [only if related to an amendment or annotation request]
• state why you disagree with the decision not to amend or annotate the record.
Intention not to continue to undertake Applicant name’s/your IC review
The Commissioner’s written direction to IC review applicants provides that:
• where an applicant wishes to proceed with a review of a revised decision they
must explain why they disagree with the decision and the basis on which they
wish to proceed with the IC review [2.25], and
• applicants
must respond to enquiries from the OAIC within the period provided
unless there are circumstances warranting a longer period to respond [2.22].
Section 54W(c) of the
Freedom of Information Act 1982 provides that the IC may decide not to
continue to undertake a review where an applicant fails to comply with a direction of the IC.
As such, if we do not hear from you by
[DD Month 2023 –- 2 weeks from send date], we intend to
exercise the discretion to finalise your IC review application.
FOIREQ24/00397 339
Assistance
If you are unable to respond by [
DD Month 2023 - 2 weeks from send date], please respond to this
email and request an extension of time to provide your response.
If you require an interpreter, please call the Translating and Interpreting Service on 131 450, and
ask for help speaking with the Office of the Australian Information Commissioner. Alternatively, you
may wish to be supported by a person of your choosing anytime throughout this process.
If you require assistance regarding this email, please contact us at xxxxx@xxxx.xxx.xx.
Please quote the reference
MRXX/XXXXX in all correspondence.
Kind regards,
[Signature Block]
FOIREQ24/00397 340
Our reference numbers: See Attachment A
Agency references: See Attachment A
FOI Contact Officer
s 22
By email: s 22
Notice of Information Commissioner review and requests for
documents
Dear FOI Contact Officer,
The Office of the Australian Information Commissioner (OAIC) has received applications for
Information Commissioner review (IC review) of deemed access refusal decisions made by
the s 22
(the Agency) under the
Freedom of Information Act 1982
(the FOI Act).
Copies of the respective IC review applications are attached.
Scope of IC review
The IC review applicant contests that the Agency has made a decision that purports to give,
in accordance with the applicant’s requests, access to documents to which the requests
relate, but the Agency has not actually given that access.
In its response to preliminary inquiries, the Agency advised that it has issued decisions to the
applicant.
In response to that advice, the applicant has stated:
…
s 22
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
FOIREQ24/00397 341
Guidance relating to forms of access
Section 20 of the FOI Act
(1) Access to a document may be given to a person in one or more of the following forms:
(a) a reasonable opportunity to inspect the document;
(b) provision by the agency or Minister of a copy of the document;
(c) in the case of a document that is an article or thing from which sounds or visual images are
capable of being reproduced, the making of arrangements for the person
to hear or view those sounds or visual images;
(d) in the case of a document by which words are recorded in a manner in which they are
capable of being reproduced in the form of sound or in which words are
contained in the form of shorthand writing or in codified form, provision
by the agency or Minister of a written transcript of the words recorded or
contained in the document.
(2) Subject to subsection (3) and to section 22, where the applicant has requested access in a
particular form, access shal be given in that form.
(3) If the giving of access in the form requested by the applicant:
(a) would interfere unreasonably with the operations of the agency, or the
performance by the Minister of his or her functions, as the case may be;
(b) would be detrimental to the preservation of the document or, having regard to
the physical nature of the document, would not be appropriate; or
(c) would, but for this Act, involve an infringement of copyright (other than copyright
owned by the Commonwealth, an agency or a State) subsisting in matter contained
in the document, being matter that does not relate to the affairs of an agency or of
a Department of State;
access in that form may be refused and access given in another form.
(4) Subject to subsection 17(1), where a person requests access to a document in a
particular form and, for a reason specified in subsection (3), access in that form is
refused but access is given in another form, the applicant shal not be required to
pay a charge in respect of the provision of access to the document that is greater
than the charge that he or she would have been required to pay if access had been
given in the form requested.
2
FOIREQ24/00397 342
FOI Guidelines1
Paragraph 3.206 of the Guidelines provides:
The right to access a document in a particular form may be refused and access given in
another form in the fol owing circumstances:
• where access would interfere unreasonably with the agency’s operations or the
performance of a minister’s functions (s 20(3)(a)) — for example, if an applicant
asks to inspect documents that an agency requires for everyday operations
• if it would be detrimental to the preservation of the document or not appropriate
given the physical nature of the document (s 20(3)(b)) — for example, if a document
is fragile or if giving access outside its normal environment might result in damage,
or the document cannot be photocopied due to its condition or because it is a
painting, model or sculpture
• if giving an applicant access to a document in a certain form would, but for the FOI
Act, involve an infringement of copyright in relation to the matter contained in the
document (s 20(3)(c)). This provision does not apply where the matter contained in
the document relates to the affairs of an agency or department of state or if the
copyright holder is the Commonwealth, an agency, or a State.
Paragraph 3.208 of the Guidelines provides:
The FOI Act gives a legally enforceable right of access to documents that already exist, and an
agency is not required to create a new document to satisfy an FOI request. However, an
agency should consult with an applicant as to the most effective manner of providing access
to the information an applicant seeks, including by administrative release of information that
has been compiled from documents or a database (see [3.2]).
It appears that the preliminary issue that remains at this stage of the IC review is whether
access should be provided in the form requested by the applicant (s 20).
In considering whether access in a different form is justified, I draw your attention to s 20(3)
of the FOI Act and the FOI Guidelines as set out above. To assist in progressing this review,
the OAIC would like to give the Agency an opportunity to provide documents to the applicant
in the form he has proposed. Should the Agency decline to do so, the OAIC would appreciate
receiving the below information by
26 March 2024.
1 The Guidelines issued by the Australian Information Commissioner under s 93A of the FOI Act to which agencies
must have regard in performing a function or exercising a power under the FOI Act,
3
FOIREQ24/00397 343
Request for information
In order to demonstrate the agency has complied with section 20 (3) of the FOI Act, the OAIC
requests the information below:
• a submission addressing how giving access in the form requested by the applicant
would:
o interfere unreasonably with the Agency’s operations – including
an estimate of the processing time involved in providing the
documents in the applicant’s preferred form,
a breakdown of the time to demonstrate what it is based on
an estimate of the direct costs the Agency would incur by providing
the documents in the form preferred by the applicant
evidence of the steps the Agency has taken to negotiate an
acceptable method of delivering the documents to the applicant
o be detrimental to the preservation of the documents or having regard to the
physical nature of the documents would not be appropriate or
• but for the FOI Act, involve an infringement of copyright (other than copyright
owned by the Commonwealth, an agency or State) subsisting in matter contained in
the document being matter that does not relate to the affairs of an agency or of a
Department of State
• a submission addressing whether the Agency has given a written notice to the
applicant stating that the applicant is liable to pay a charge and if so, a submission
addressing s 20(4) of the FOI Act.
The obligations of the Agency during the IC review process are set out under:
− ss 55D, 55DA and 55Z of the FOI Act
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed by agencies and ministers in IC
reviews issued under
s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Heath Baker
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
29 August 2024
4
FOIREQ24/00397 345
Email subject line: OAIC – Response Due DD Month YEAR - MR - Notice of Information
Commissioner review – Agency reference
Our reference:
Agency/Minister reference:
FOI Contact Officer
Agency/Minister
By email: [Agency/Minister]
Copied to: [if relevant]
[Applicant]
Represented by:
[if relevant]
By email: [Applicant]
Information Commissioner review - Notice of commencement
Dear parties,
Please find attached notice of commencement for the above referenced Information
Commissioner review (IC review).
Please note, Annexure A and B of the notice also provides information about the obligations of
parties during the IC review process.
Kind regards,
[Signature Block]
FOIREQ24/00397 346
This email is to be used in instances where:
• the decision under review is a deemed decision
• the OAIC has not issued a 54Z notice
• the Agency makes a subsequent decision providing access.
Subject line: OAIC – Response due DD Month YEAR - MR - Notice of Information Commissioner
review – Agency reference
//
Our reference:
Agency/Minister reference:
FOI Contact Officer
Agency/Minister
By email: [Agency/Minister]
Copied to: [if relevant]
[Applicant]
Represented by:
[if relevant]
By email: [Applicant]
Information Commissioner review - Notice of commencement
Dear parties,
Please find attached notice of commencement for the above referenced Information
Commissioner review (IC review).
As outlined in the notice, it appears that the Agency’s/Minister’s decision dated DD Month YEAR,
was not made within the statutory timeframe. As such, the IC reviewable decision remains the
Agency’s/Minister’s deemed access refusal decision of DD Month YEAR. The purported decision,
taken to be a submission, cannot be considered a variation of an access refusal decision under s
55G of the FOI Act. Should the Agency/Minister decide to grant access during the IC review process,
this must be made in accordance with s 55G of the FOI Act.
Please note, Annexure A and B of the notice also provides information about the obligations of
parties during the IC review process.
Kind regards,
[Signature Block]
FOIREQ24/00397 348
− Part 10 the Guidelines issued under s 93A of the FOI Act
, which agencies and ministers
must have regard to when performing a function or exercising a power under the FOI
Act
− Direction as to certain procedures to be followed by agencies and ministers in IC
reviews issued under s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Heath Baker
Director
Intake and Early Resolution Team
Freedom of Information Branch
Office of the Australian Information Commissioner
29 August 2024
2
FOIREQ24/00397 349
Attachment A
Direction to
the [Agency/Minister]
under s 55(2)(e)(ii) of the Freedom of Information Act
1982
Section 55(2)(e)(i ) of the
Freedom of Information Act 1982 (FOI Act) provides that the
Information Commissioner may give written directions as to the procedure to be followed in
relation to a particular IC review.
In relation to MRXX/XXXXX, I, Heath Baker, delegate of the Information Commissioner, issue
the following direction to the [Agency/Minister] (the Agency/Minister) under s 55(2)(e)(i ) of
the FOI Act:
Revised decision – full access
1. Should the Agency/Minister wish to provide full access to the documents within the
scope of the request, I request that Agency/Minister make a revised decision under s
55G of the FOI Act and provide the revised decision to the applicant and the OAIC by
Day of week, DD Month 2024.
Revised decision – partial access
2. Should the Agency/Minister wish to provide partial access to the documents within
the scope of the request, I request that Agency/Minister make a revised decision
under s 55G of the FOI Act and provide the revised decision to the applicant and the
OAIC by
Day of week, DD Month 2024.
3. Please also provide the following documents to the OAIC by
Day of week, DD Month
2024:
a. The FOI request, and any correspondence that modifies its scope.
b. The names and contact details of anyone who was consulted by the
Agency/Minister formally under ss 15(7), 26A, 27A, or informally (including
consultations with other government agencies).
3
FOIREQ24/00397 350
c. If any third parties have been notified of this IC review a copy of the written
notifications.
d. Copies of any correspondence between the Agency/Minister and anyone who
was consulted, including file notes of any relevant telephone conversations.
e. A marked up and un-redacted copy of all documents identified within scope
of the FOI request that is subject of IC review (OAIC reference MRXX/XXXXX) in
an electronic format. A notice to produce under s 55T of the FOI Act is set out
at
Attachment B.
Submissions – access refusal
4. Should the Agency/Minister wish to refuse access, I request that the Agency/Minister
provide the applicant and the OAIC the following by
Day of week, DD Month 2024:
a. Submissions explaining the access refusal decision.
The submissions should
be provided by an officer who is appropriately qualified to provide evidence
about the material.
i. The submissions should:
identify where appropriate, the total number of documents.
identify the documents the Agency/Minister claims are
exempt and the particular provisions of the FOI Act the
Agency/Minister is relying on (noting the relevant document
and page numbers).
include clear particulars about why the Agency/Minister
contends that the applicant should be refused access to the
documents including include clear particulars about why the
contends that the applicant should be refused access to the
documents including circumstances where the
Agency/Minister contends a practical refusal reason exists.
include clear particulars about why the Agency/Minister
contends that the record should not be amended or
annotated.
5. Should the Agency/Minister wish to refuse access, I request that the Agency/Minister
provide the OAIC the following by
Day of week, DD Month 2024:
a. Should the Agency/Minister wish to claim that the documents at issue are
exempt under ss 33, 34 and/or 45A then the Agency/Minister is requested to
provide evidence on affidavit or otherwise including by way of submissions,
that the documents are exempt under ss 33, 34 or 45A. If the Information
4
FOIREQ24/00397 351
Commissioner is not satisfied on the basis of the submissions, the OAIC may
require the documents to be produced for inspection in accordance with
s 55U.
i. The submissions could also refer to any other relevant information
that the Agency wishes to provide in support of its decision.
b. The FOI request, and any correspondence that modifies its scope.
c. The names and contact details of anyone who was consulted by the
Agency/Minister formally under ss 15(7), 26A 27A, or informally (including
consultations with other government agencies).
d. If any third parties have been notified of this IC review a copy of the written
notifications.
e. Copies of any correspondence between the Agency/Minister, and anyone
who was consulted, including file notes of any relevant telephone
conversations.
f. Should the scope of the IC review involve exempt material, a marked up and
un-redacted copy of all documents identified within scope of the FOI request
that is subject of IC review (OAIC reference MRXX/XXXXX) in an electronic
format. A notice to produce under s 55T of the FOI Act is set out at
Attachment B.
If alternative arrangements are required, please contact the OAIC at xxxxx@xxxx.xxx.xx.
The Information Commissioner will share the submissions the Agency/Minister provides
during the IC review with the applicant unless there are compelling reasons not to. However,
we do not provide the applicant with copies of the document/s at issue.
Direction issued by Heath Baker, Director, Freedom of Information Branch
Signed:
Heath Baker
Director
Intake and Early Resolution Team
Freedom of Information Branch
Office of the Australian Information Commissioner
29 August 2024
5
FOIREQ24/00397 352
Attachment B
Notice to produce documents and give information
In relation to MRXX/XXXXX, under ss 55T of the FOI Act, I, Heath Baker, delegate of the
Information Commissioner, require the [Agency/Minister], to give me the following
information by close of business
Day of week, DD Month 2024:
• a marked up and un-redacted copy of all documents identified within scope of
the FOI request in an electronic format. Material which is claimed to be exempt
should be highlighted with reference made to the exemption/s applied.
Compliance with this notice can be met by delivering the responses to the above notices
electronically to xxxxx@xxxx.xxx.xx.
Notice issued by Heath Baker, Director, Freedom of Information Branch
Signed:
Heath Baker
Director
Intake and Early Resolution Team
Freedom of Information Branch
Office of the Australian Information Commissioner
29 August 2024
6
FOIREQ24/00397 353
Subject: OAIC – Response Required - MRXX/XXXXX – 55(2)(e)(ii) Direction and 55T Notice to Produce
- Due DD Month 2024
Our reference:
Agency reference:
Director (EL2 of equivalent)
ROLE
AGENCY
By email: [Agency/Minister email]
Copied to: [if relevant]
s 55(2)(e)(i ) Direction and s 55T Notice to Produce
Dear [Director],
Please find attached written direction and notice to produce, in accordance with s 55(2)(e)(ii) and s
55T of the FOI Act.
The Information Commissioner will share the submissions you provide during Information
Commissioner review (IC review) with the applicant unless there are compelling reasons not to.
We do not provide the applicant with copies of the documents at issue.
Should you wish to provide submissions in confidence, please refer to the IC Review Procedure
Direction which sets out the process for making such a request.
Please note a response is requested in this matter by
DD Month Year.
If an extension of time is required to respond to the written direction and notice to produce, you
must make a request in writing to the Information Commissioner with supporting evidence of the
need for extension prior to the due date.
Kind regards,
