Marked up master bundle Redacted Part8.pdf

FOIREQ24/00397 463

OAIC reference:
Agency reference:

Dear XXXX

Extensions of time to comply with a notice or direction issued by the Oﬃce of the Australian
Information Commissioner will only be granted in exceptional circumstances.

At this time, your request for extension has been ﬁled.

Please note, in the absence of the OAIC advising you that the requested extension has been
granted, the original due date applies. If the original due date has passed, you should provide
the required information as soon as possible.

Kind regards,

[your signature block]

FOIREQ24/00397 464
Registering a New IC Review on Resolve
•  New requests usual y come through by email or the smartform. Uncommon by post or
phone, but not impossible.
o  Application should be in writing (but we have to make reasonable adjustments
should an applicant require it)
o  IC review request will be out of time if made after 60 days of decision date
  If it is out of time, invite the applicant to make a request for a s 54T
extension of time. Use the template email invitation. Once s 54T request is
received, follow steps to register a s 54T EOT (similar to registering EOTs for
15AB/15AC/54D but instead of an agency, it is for an individual)
1.  On Resolve, click ‘Find Client’ to search for the correct applicant (be careful with
companies/directors etc. – cross reference with decision and review form).
a.  Enter last name of FOI A
b.  If there are no hits, click ‘New Client’ and enter in all possible fields (in particular
contacts)
i.  For Address, click validate and select from existing postcode, or ‘Not
registered’ if there are no options
ii.  Click save and click ‘New Case’
c.  If there is a hit, open the client page for the correct person and click ‘New Case’ on
top right hand corner
d.  Select ‘IC Review’ or appropriate type and click ok
e.  Everything in orange must be completed
f.  Enter Review Type – be careful! This cannot be changed post selecting
i.  Most common options: Access refusal (includes charges and amendment),
access grant (when someone opposes to the release of documents)
g.  Method: To be determined
h.  Enter respondent/agency’s details. Never create an agency unless you are confident
that there it is a completely new agency – select from options existing
i.  Don’t need to select an individual for agency, click ‘add contact later’ unless
expressly provided
ii.  If party is represented, can add additional party in ‘Parties’ tab
i.  Received date: date application was received by OAIC and method
j.  Google the FOI A to see if they are in the media/journalist. If so, flag with supervisor
as ‘Sensitivity’ may need to be changed accordingly
k.  Summary: brief description of request outlining the request, decision under review
[original/internal] decision dated @ - [Practical refusal/Exemptions ss @/Searches];
number of documents at issue; and scope of review. You can complete this in the
Triage stage.
l.  Click save (this creates a case number)
m.  Two new actions wil  pop up:
i.  Record case details and attach docs
ii.  Send acknowledgement letter
n.  Clear any categories on email with application etc. to remove any metadata from
Outlook and then drag the file onto Resolve.
i.  On Outlook, move to ‘DO NOT USE’ folder for actioned emails
ii.  Drag separate decision letter onto file for easy access and any other key
documents

FOIREQ24/00397 465
iii.  Add note in document properties: Name ‘primary decision’ or ‘IR decision’
whichever is more appropriate
iv.  Change doc type to key documents
v.  Tick off ‘Record case details’ button in the Actions
o.  Send acknowledgement letter using the template
i.  Check we have the decision (and check the date to ensure it is within time).
If insufficient info is provided, see steps below in ‘Triage process’ for ‘if
further info is required’ and don’t send ack letter yet
ii.  Prepare letter and ensure dates are up to date
iii.  Use generic intake signature, send from FOI general inbox
iv.  Use acknowledgement letter from TRIM/most up to date template
v.  Copy sent will need to be put on the Resolve file
p.  Move case to ‘Triage’ queue by ticking the box in Actions
2.  Purpose of Triage
a.  Get more info from applicant; or
b.  Get file prepared and ready for the Mail Assessor stage; or
c.  Close the file.
3.  Triage process
a.  Enter in summary
i.  Use template:
Summary
Request:
Decision under review: [original/internal] decision dated @ - [Practical refusal/Exemptions ss @/Searches]
Number of documents at issue: @
Scope of review: Applicant seeks review of [Practical refusal/Exemptions ss @/Searches]
b.  Enter decision action
i.  Go to ‘Agency Decisions tab’
ii.  Click ‘Add Agency Decision’
iii.  Type: Initial/IR review
iv.  Date of decision: on decision letter
v.  If name of person is unknown, just put on agency for the name
c.  Click ‘Apply’ before adding issues individually
d.  Add issues from the Decision
i.  Review reasons (mostly sections) – apply each separately
ii.  Right click in empty box and ‘add issue’ for all reasons/sections
1.  Select appropriate concern – e.g. access refused/partial refusal etc
and the section that applies to that
iii.  Enter each section applied by decision – if docs are not covered by the act,
select ‘Invalid’
iv.  First will automatically become primary issue but not a problem
e.  Click ‘OK’
f.  Assessor Note
i.  Summary: e.g. ‘ss 47F &47C/searches’. If it is too long to list, state
‘exemptions/searches’
g.  If everything is ready to move to the next stage, tick ‘Allocate Triage Officer’ and
allocate case to yourself
h.  Tick ‘Conduct Triage’ box and select appropriate outcome
i.  If further info is required:

FOIREQ24/00397 466
1.  E.g. see MR18/00935 where there was no express written request
for review of AGD decision
2.  Email party with request for more information (can use email
template but alter appropriately)
3.  Tick ‘Conduct Triage’ in Actions and for status, select ‘Seek Further
Information’ and due date
4.  Manually change ‘Case Officer’ to ‘Triage’
5.  Enter in Assessor Note ‘RFI to A/R due [date]’
6.  Once info is received, upload corro into Resolve.
7.  Send out ful  acknowledgement letter without your name.
8.  Update Assessor Note
ii.  If no further info is required: ‘Mail Assessor’
i.  Check that everything is available and ready for the Mail Assessor. If yes, check that
the Case Officer is allocated to Mail Assessor

New IC Review of Deemed Matters
1.  On Resolve, click ‘Find Client’ to search for the correct applicant (be careful with
companies/directors etc. – cross reference with decision and review form).
a.  Enter last name of FOI A
b.  If there are no hits, click ‘New Client’ and enter in all possible fields (in particular
contacts)
i.  For Address, click validate and select from existing postcode, or ‘Not
registered’ if there are no options
ii.  Click save and click ‘New Case’
c.  If there is a hit, open the client page for the correct person and click ‘New Case’ on
top right hand corner
d.  Select ‘IC Review’ or appropriate type and click ok
e.  Everything in orange must be completed
f.  Enter Review Type – be careful! This cannot be changed post selecting
i.  Most common options: Access refusal (includes charges and amendment),
access grant (when someone opposes to the release of documents)
g.  Method: To be determined
h.  Enter respondent/agency’s details. Never create an agency – select from options
existing
i.  Don’t need to select an individual for agency, click ‘add contact later’ unless
expressly provided
ii.  If party is represented, can add additional party in ‘Parties’ tab
i.  Received date: date application was received by OAIC and method
j.  Google the FOI A to see if they are in the media/journalist. If so, flag with supervisor
as ‘Sensitivity’ may need to be changed accordingly
k.  Click save (this creates a case number)
l.  Two new actions wil  pop up:
i.  Record case details and attach docs
ii.  Send acknowledgement letter
m.  Clear categories on email with application etc. and drag onto the file on Resolve.
i.  On Outlook, put the category back on the email and move to ‘Read case’
folder

FOIREQ24/00397 467
ii.  Tick off ‘Record case details’ button
2.  Potentially check with A whether a decision was provided (send a s 54N email)
3.  Check when FOI request was lodged. If it was more than 30 days ago, continue with
registration/triage process
4.  Conduct Triage process
a.  Enter in summary
i.  Paste in template:
*deemed refusal on @. FOI request made @. PIs to R due @
Summary
Request:
Decision under review: [original/internal] decision dated @ - [Practical refusal/Exemptions ss @/Searches]
Number of documents at issue: @
Scope of review: Applicant seeks review of [Practical refusal/Exemptions ss @/Searches]
b.  Assessor Note
i.  Summary: PIs to R due [date]
c.  Tick ‘Allocate Triage Officer’ and allocate case to yourself
d.  Tick ‘Conduct Triage’ box and select appropriate outcome
i.  If further info is required (usually the case):
1.  E.g. see s 22

2.  Conduct PIs under s 54V with agency (use template) and drag email
to file
3.  Tick ‘Conduct Triage’ in Actions and for status, select ‘Seek Further
Information’ and due date and al ocation
4.  Manually change ‘Case Officer’ to ‘Allocation – Deemed Decisions –
FOI’
5.  Enter in Assessor Note ‘PIs to R due [date]’
6.  Once info is received, upload corro into Resolve.
7.  Send out ful  acknowledgement letter without your name.
8.  Update Assessor Note
5.  Send PIs to R using template: D2018/008878 check that it is the most up to date
6.  Send ack to A using the newest template (note: no IR possible so delete dot point) and drag
email to file
7.  Tick send ack letter
8.  Add Agency Decision to Agency Decisions tab
a.  Decision Type: Deemed initial
b.  Decision Date
c.  Click apply
d.  Right click, add issue
e.  Access refused  s 15AC – no reasons
9.  Tick allocate to triage officer and conduct triage (select Further Info). Leave ‘Seek Further
Info action unticked
10. Move to ‘Al ocation - Deemed Decision – FOI’ queue
Things to note
•  For high profile applicants (e.g. members for parliament), flag with Sandra by sending email
of IC review application email and indicate our reference number
•  For requests to expedite the IC review, flag in summary on Resolve, and flag with Sandra by
sending email of IC review application email and indicate our reference number

FOIREQ24/00397 469
Summary Field Template:
*deemed refusal [or aﬀirmed] on XX*. FOI request [or internal review request] made XX*
Request:
Decision under review: original decision dated @.
[Exemptions use]: @ document/s found within scope of request, released/exempt in full/part under
exemption/s @.
[Searches use]: No document/s found within scope of request. Access refused under s 24A (insert
relevant subsection if known).
[Practical refusal use]: @ document/s found within scope of request. (Insert @ hours to process,
decision making etc. any key points)
[Charges use]: $@ (insert calculation)
Number of documents at issue: @ (delete if not applicable)
Scope of review: Applicant seeks review of [Practical refusal/Exemptions ss @/Searches]. Applicant
states (insert any key statements that allude to applicant’s scope of request. If not known request
in acknowledgement).

Notes for assessor:

FOIREQ24/00397 470
Dear XXX,

I refer to your email below dated 0:00AM/PM DD MM YYYY (or this morning/afternoon), in which you
forwarded correspondence to both the Department of XXXXXX (abbrv.) and our office, the Office of
the Australian Information Commissioner (OAIC)

I understand from your email below that you have accessed your review rights by making a valid
application for internal review of the decision by XXXX dated DD MM YYYY (Agency ref no.).

You can ask us for an Information Commissioner (IC) review, if you’re not happy with the decision
in response to your freedom of information (FOI) request. Under Part VII of the FOI Act we can
conduct an IC review of the FOI decision by XXXXX.

However, noting that you have applied for an internal review, we generally recommend that you
wait for an outcome from the internal review before starting an IC review. An internal review gives
the agency or minister’s office the opportunity to reconsider their original decision. Your needs
may also be met more quickly — as a 30-day time limit for a decision applies.

As such, and noting that you have not made a valid application for IC review under s 54N of the FOI
Act, your email below will not be actioned by the OAIC.

If you are unhappy with the internal review decision, or you do not receive a response from XXXXX
before the 30-day statutory time limit to provide a decision expires (DD MM YYYY – provide date),
you may seek IC review of the internal review decision. You can make an application for IC review
by visiting our website: Apply for an Information Commissioner review | OAIC.

If we can be of any further assistance, please do not hesitate to contact us.

Kind regards,

FOIREQ24/00397 471
Thankyou for emailing the FOI branch at the Oﬃce of the Australian Information
Commissioner (OAIC).

We are unable to determine the action or response you are seeking to your correspondence.

If your correspondence relates to a current IC review or complaint, please respond to this
email providing the OAIC reference number.

Further Assistance

You can find information about the OAIC on our website, including:
•  IC reviews Freedom of information reviews | OAIC
•  Complaints Freedom of information complaints | OAIC

If you have any further enquiries, please contact the OAIC Enquiries Line on 1300 363 992.

Kind regards

FOI Branch

FOIREQ24/00397 472
Subject line: OAIC – MRXX/XXXXXX – Notification of Finalisation of Information Commissioner
review under s 54R of the FOI Act

//

Our reference: MRXX/XXXXX
Agency reference:
Applicant Name
Agency / Minister
By email: [Applicant email address]
By email: [Agency/ Minister email address]
Finalisation of Information Commissioner review application under s
54R of the FOI Act

Dear Parties,
This matter has been withdrawn under s 54R of the Freedom of Information Act 1982 (Cth).
Section 54R(2) states that if an Information Commissioner review application is withdrawn, it is
taken never to have been made.
The matter is now closed.
Kind regards,

FOIREQ24/00397 473
Our reference: MRXX/XXXXX
Agency reference: PA XX/XX/XXXX

Applicant’s Name
Represented by Representative’s Name
By email: email

Applicant’s name/Your IC review application about a decision by the
s 22

Dear XXXX,

I refer to the application for IC review you submitted to the OAIC on DD MM YYYY regarding your
abovenamed clients.

From the information you have provided, it appears the s 22

is dealing with your request under the Privacy Act 1988 (Cth) (‘Privacy Act’).

I note in your original FOI request, you provided consent to the Department to process your
request under the Privacy Act by stating “If this can be processed faster under the Privacy Act, we
are content for this to occur.” [IF POSSIBLE: Additionally, on DD MM YYYY, the Department noted
your consent and confirmed the matter would be dealt with under the Privacy Act.]

Section 54K of the FOI Act provides that an IC reviewable decision is a decision covered by s 54L(2)
(access refusal decisions) or a decision covered by s 54M(2) (access grant decisions).

Decisions released under the Privacy Act 1988 (Cth) are not IC reviewable decisions.

As your request application does not relate to an IC reviewable decision as defined in s 54K of the
FOI Act, we have finalised this matter on the basis that the application is not a valid IC review
application in accordance with s 54N of the FOI Act.
Please note, an agency must respond to a request for access to personal information within 30
days. If you still have not received a response from the Department, you can lodge a Privacy
complaint with the OAIC. More information about this process can be found here: Access your
personal information | OAIC and Lodge a privacy complaint with us | OAIC.
If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please
quote the reference number MRXX/XXXXX in all correspondence.

I confirm your application is now closed.

Review Rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the office on 1300 362 072
or visit www.ombudsman.gov.au.

Kind regards,

FOIREQ24/00397 474
Our reference: MRXX/XXXXX
Agency file number: BCCXXXX/XXXXXXX [I use the file number from the s 22
]

Mr/Mrs/Ms First Last
By email: XXXXX

Application for Information Commissioner Review of Decision by the
s 22

Dear Mr/Mrs/Ms Last,

On X XX 2023 the Office of the Australian Information Commissioner (the OAIC) received your
application for Information Commissioner review (IC review) of a decision by the s 22

to refuse your s 22
.

Please note, the OAIC regulates the Privacy Act 1988 (Cth) (the Privacy Act) and the Freedom of
Information Act 1982 (Cth) (the FOI Act). The OAIC has the power to investigate complaints about
the alleged mishandling of personal information by Australian and Norfolk Island government
agencies and many private sector organisations, as well as the power to conduct reviews of
decisions made under the FOI Act.

The decision you have provided the OAIC is not one made in accordance with the FOI Act, meaning
it is not an IC reviewable decision, and we therefore cannot conduct a review of the decision.

Section 54N of the FOI Act says that in order to make a valid application for IC review a person
must send a copy of the decision they want reviewed with their application.

Noting that your application does not relate to an IC reviewable decision, it has now been closed
as invalid.

FOIREQ24/00397 475

[You will need to contact the s 22
regarding this decision. However, please
note that the decision letter states:

“Review rights
There is no right of merits review for this decision.
…
Questions about this decision
We cannot consider your visa application any further.”

OR

However, please note, you have until close of business of XX XXXX XXXX to apply to the
Administrative Appeals Tribunal (AAT) for a merits review of this decision.

The decision letter you were provided with by the s 22
gives you details on
how to make this application. Alternatively, you can visit this website for more details: How to
apply | Administrative Appeals Tribunal (aat.gov.au)]

I confirm this application is now closed.

Review Rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the office on 1300 362 072
or visit www.ombudsman.gov.au.

FOIREQ24/00397 476
Kind regards,

FOIREQ24/00397 477
Our reference: MRXX/XXXX

Mr/Mrs/Ms First Last
By email: XXXXX

Your IC review application about the Department of XXXX

Dear Mr/Mrs/Ms Last,

I refer to your IC review application received by the Office of the Australian Information
Commissioner (OAIC) on XX XXXXX XXXX.

It appears from your application that you are seeking to make an FOI request to the Department of
XXXXX (the Department) in relation to [e.g. a document titled ‘1912-royal-warrant’].

Please note, the Office of the Australian Information Commissioner (the OAIC) regulates the
Privacy Act 1988 (Cth) (the Privacy Act) and the Freedom of Information Act 1982 (Cth) (the FOI
Act). The OAIC has the power to investigate complaints about the alleged mishandling of personal
information by Australian and Norfolk Island government agencies and many private sector
organisations, as well as the power to review FOI decisions. We are also responsible for handling
privacy complaints about ACT Government agencies.

The OAIC does not hold records of other government agencies. If you wish to apply for access to
documents held by an Australian or Norfolk Island government agency, then you need to make a
request in writing, under the FOI Act, directly to the agency that holds the records. Further
information about making an FOI application, including details of what needs to be included, is
available on our website here: How to make a freedom of information request | OAIC

REFER A ONTO HOW TO MAKE AN FOI REQUEST WITH THE SPECIFIC DEPARTMENT [e.g. If you wish
to obtain documents from the Department of Home Affairs under the FOI Act, you can email your

FOIREQ24/00397 478
request to xxx@xxxxxxxxxxx.xxx.xx. More information about this process can be found here: How
to make a FOI request (homeaffairs.gov.au)]

Section 54N of the Freedom of the Information Act 1982 (the FOI Act) says that in order to make a
valid application for IC review a person must send us a copy of the decision they want reviewed
with their application.

Noting that your application does not relate to an IC reviewable decision it has now been finalised
as invalid.

I confirm your application is now closed.

Review Rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the office on 1300 362 072
or visit www.ombudsman.gov.au.

Kind regards,

FOIREQ24/00397 479
Our reference: MRXX/XXXX

By email:

Receipt of your IC review application concerning the XXXXX

Dear XXXXX,

I refer to our email below. It appears we have not received a response.

I note that in your original correspondence of DD Month 2023 to the OAIC you provided what
appeared to be an FOI decision made by XXXXX.

However, we were unable to open the decision in the format you provided, and your email
contained no other details.

Section 54N of the Freedom of Information Act 1982 (Cth) (‘FOI Act’) provides that the contents of
an IC review application must include a copy of the IC reviewable decision for which an IC review is
sought.

On DD Month 2023 we wrote to you at the email address used in your original correspondence, and
asked for a copy of the decision.

We have not received a response to that correspondence, and consequently your IC review
application has been finalised as invalid under s 54N of the FOI Act.

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please
quote the reference number MRXX/XXXX in all correspondence.

Your application is now closed.

Review rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the office on 1300 362 072
or visit www.ombudsman.gov.au.

Kind regards,

FOIREQ24/00397 481
Review rights
If you are unhappy with the way we have handled this matter, you may complain to
the Commonwealth Ombudsman. This service is free, and you can contact the office
on 1300 362 072 or visit www.ombudsman.gov.au.
Yours sincerely,

[INSERT SIG BLOCK]
16 December 2021

2

FOIREQ24/00397 482
Our reference:
Agency reference:

By email:

Your Information Commissioner review application concerning the Department of XXXX

Dear XXXXX,

I refer to your application for Information Commissioner (IC) review received by the Office of the
Australian Information Commissioner (OAIC) on XX XXXXX 20XX, concerning the XXX (the Agency).

You sought IC review on the basis that your Freedom of Information (FOI) request of DD Month YYYY
was deemed refused on DD Month YYYY.

On DD Month Year, the Agency applied to the Information Commissioner under s 15AB(1) of the
Freedom of Information Act 1982 (Cth) (FOI Act) for an extension of time to DD Month Year to
process your FOI request.

On DD Month Year, the Information Commissioner granted the Agency an extension of time to DD
Month Year under 15AC of the FOI Act, which extended the statutory due date. As such, the FOI
decision was not due until DD Month YYYY.

An IC review must relate to an IC reviewable decision as outlined in sections 54L and 54M of the FOI
Act. As such, no IC reviewable decision had been made when you applied for this IC review on DD
Month Year and therefore, we have finalised your IC review application as invalid under s 54N of the
FOI Act.

If...[the Agency fails /has failed to meet the due date outlined above], OR [you disagree with the
Agency’s decision of DD Month YYYY], you can seek a new IC review. Please note, to ensure the
most efficient processing of an IC review, applications should be lodged via our smartform.

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please quote
the reference number MRXX/XXXX in al  correspondence.

Your application is now closed.

Review rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the office on 1300 362 072 or
visit www.ombudsman.gov.au.

Kind regards,

FOIREQ24/00397 483

Our reference: MRXX/XXXX
Agency reference: XXXXX
Mr/Mrs/Ms XXXXX XXXXX
By email: XXXXX

Your application for IC review about the Department of XXXXX

Dear Mr/Mrs/Ms XXXXX,

I refer to your application for IC review received by the Office of the Australian Information
Commissioner (OAIC) on XX XXXXX 20XX.

We understand that you are seeking [insert what applicant has requested in review application
form. e.g., “to have employees of the Australian Taxation Office (ATO) investigated.”]

Please note, the Office of the Australian Information Commissioner (the OAIC) regulates the
Privacy Act 1988 (Cth) (the Privacy Act) and the Freedom of Information Act 1982 (Cth) (the FOI
Act). The OAIC has the power to investigate complaints about the alleged mishandling of personal
information by Australian and Norfolk Island government agencies and many private sector
organisations, as well as the power to review FOI decisions. However, our powers do not extend
beyond these acts.

Section 54K of the FOI Act provides that an IC reviewable decision is a decision covered by s 54L(2)
(access refusal decisions) or a decision covered by s 54M(2) (access grant decisions).

It appears from your application, that you have not made an FOI request to the Department of
XXXXX, and therefore no IC reviewable decision currently exists.

As your request application does not relate to an IC reviewable decision as defined in s 54K of the
FOI Act, we have finalised this matter on the basis that the application is not a valid IC review
application in accordance with s 54N of the FOI Act.

Please note, [always refer the applicant to the correct governing body. e.g.,

“if you're not happy with the the ATO’s conduct, you can contact the Inspector-General of Taxation
and Taxation Ombudsman by visiting their website at Home - IGTO “

OR

If you disagree with the decision dated XX XXXXX XXXX and would like an external review of the
decision, you can apply to the NSW Information and Privacy Commission or the NSW Civil and
Administrative Tribunal (NCAT). More information about these processes can be found here:

FOIREQ24/00397 484

NSW Information Commissioner - How to lodge an application for a review of a government
information access decision (nsw.gov.au)
NSW Civil and Administrative Tribunal (NCAT) - Access to government information (nsw.gov.au)]

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please
quote the reference number MRXX/XXXXX in all correspondence.

Your application is now closed.

Review rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the office on 1300 362 072
or visit www.ombudsman.gov.au.

Kind regards,
Our reference: MRXX/XXXX
Agency reference: XXXXX
Mr/Mrs/Ms XXXXX XXXXX
By email: XXXXX

Your application for IC review about the Department of XXXXX

Dear Mr/Mrs/Ms XXXXX,

I refer to your application for IC review received by the Office of the Australian Information
Commissioner (OAIC) on XX XXXXX 20XX.

We understand that you are seeking [insert what applicant has requested in review application
form. e.g., “to have employees of the Australian Taxation Office (ATO) investigated.”]

Please note, the Office of the Australian Information Commissioner (the OAIC) regulates the
Privacy Act 1988 (Cth) (the Privacy Act) and the Freedom of Information Act 1982 (Cth) (the FOI
Act). The OAIC has the power to investigate complaints about the alleged mishandling of personal
information by Australian and Norfolk Island government agencies and many private sector
organisations, as well as the power to review FOI decisions. However, our powers do not extend
beyond these acts.

Section 54K of the FOI Act provides that an IC reviewable decision is a decision covered by s 54L(2)
(access refusal decisions) or a decision covered by s 54M(2) (access grant decisions).

FOIREQ24/00397 485

It appears from your application, that you have not made an FOI request to the Department of
XXXXX, and therefore no IC reviewable decision currently exists.

As your request application does not relate to an IC reviewable decision as defined in s 54K of the
FOI Act, we have finalised this matter on the basis that the application is not a valid IC review
application in accordance with s 54N of the FOI Act.

Please note, [always refer the applicant to the correct governing body. e.g.,

“if you're not happy with the the ATO’s conduct, you can contact the Inspector-General of Taxation
and Taxation Ombudsman by visiting their website at Home - IGTO “

OR

If you disagree with the decision dated XX XXXXX XXXX and would like an external review of the
decision, you can apply to the NSW Information and Privacy Commission or the NSW Civil and
Administrative Tribunal (NCAT). More information about these processes can be found here:

NSW Information Commissioner - How to lodge an application for a review of a government
information access decision (nsw.gov.au)
NSW Civil and Administrative Tribunal (NCAT) - Access to government information (nsw.gov.au)]

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please
quote the reference number MRXX/XXXXX in all correspondence.

Your application is now closed.

Review rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the office on 1300 362 072
or visit www.ombudsman.gov.au.

Kind regards,

FOIREQ24/00397 486
OAIC – MR – Review application about the [Respondent]
Dear [applicant],
I acknowledge that correspondence has been exchanged previously. However, during a
standard review of legacy applications, we have determined further verification is required to
ensure we protect the privacy of applicants. We apologise for any inconvenience caused.
It remains the focus of the Office of the Australian Information Commissioner (OAIC) to adhere
to the Direction as to certain procedures to be followed by applicants in Information
Commissioner reviews, issued by the Australian Information Commissioner under s 55(2)(e)(i) of
the Freedom of Information Act 1982 (FOI Act).
The OAIC service charter further sets out the standard of service applicants can expect from the
OAIC and how the OAIC expects applicants to assist us. This includes keeping the OAIC
informed about any changes to your contact details. To date, the OAIC has not been informed
by you about any changes associated with the Right to Know account.
Moving forward, the OAIC is committed to ensuring that future communications reflect the
Information Commissioner’s Direction, with an emphasis on seeking required evidence to
demonstrate IC review applications are made by, or on behalf of, the person who made the
request to which the decision relates.
It remains open to you to seek assistance from Right to Know.
If you are unable to respond by DD Month Year, you must request more time at the earliest
opportunity and no later than DD Month Year. [two days before due date] Requests for extension
must explain why you need more time, and you must propose a new date to provide your
response.  The OAIC will determine whether it is appropriate to grant an extension on a case by
case basis.
Kind regards,
OR

FOIREQ24/00397 487
OAIC – MR – Review application about the [Respondent]
Dear [applicant],
I acknowledge that correspondence has been exchanged previously. However, during a
standard review of legacy applications, we have determined further verification is required to
ensure we protect the privacy of applicants. We apologise for any inconvenience caused.
It remains the focus of the Office of the Australian Information Commissioner (OAIC) to adhere
to the Direction as to certain procedures to be followed by applicants in Information
Commissioner reviews, issued by the Australian Information Commissioner under s 55(2)(e)(i) of
the Freedom of Information Act 1982 (FOI Act).
The OAIC service charter further sets out the standard of service applicants can expect from the
OAIC and how the OAIC expects applicants to assist us. This includes keeping the OAIC
informed about any changes to your contact details. To date, the OAIC has not been informed
by you about any changes associated with the Right to Know account.
Moving forward, the OAIC is committed to ensuring that future communications reflect the
Information Commissioner’s Direction, with an emphasis on seeking required evidence to
demonstrate IC review applications are made by, or on behalf of, the person who made the
request to which the decision relates.
You have not complied with the Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews and as such, this application is now finalised on the basis that
it does not meet the requirements of s 54L(3), and therefore is invalid under s 54N of the FOI Act.
Kind regards,

FOIREQ24/00397 488
Dear FOI Officer,
The applicant was unable to comply Information Commissioner’s Direction as to certain
procedures to be followed by applicants in Information Commissioner reviews and as such, the
application was finalised on the basis that it does not meet the requirements of s 54L(3), and
therefore is invalid under s 54N of the FOI Act.
I trust the above is of assistance.
Kind Regards,
Omid Azizi
Assistant Review Adviser
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001

P 1300 363 992 E xxxxx@xxxx.xxx.xx

The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection
to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and
present.

Subscribe to Information Matters

FOIREQ24/00397 489
Our reference: MRXX/XXXXX
Agency reference:

NAME
By email:

Your application for IC review about the [XXXX]

Dear Mr/Ms/Mrs XXXXX,

On [date] we received your application for Information Commissioner review (IC review).

Please note, the Oﬀice of the Australian Information Commissioner (the OAIC) regulates the
Privacy Act 1988 (Cth) (the Privacy Act) and the Freedom of Information Act 1982 (Cth) (the FOI
Act). The OAIC has the power to investigate complaints about the alleged mishandling of personal
information by Australian and Norfolk Island government agencies and many private sector
organisations, as well as the power to review FOI decisions. We are also responsible for handling
privacy complaints about ACT Government agencies.

Our powers do not extend to State or Territory Government agencies and we therefore do not have
jurisdiction to review the decision made by the South Australian Government.

As outlined on the last page of the decision letter, you still have review rights in relation to the
request.

NSW Gov
If you disagree with an information access decision made by the NSW Government and would like
an external review of the decision, you can apply to the NSW Information and Privacy Commission
or the NSW Civil and Administrative Tribunal (NCAT). More information about these processes can
be found here:

NSW Information Commissioner - How to lodge an application for a review of a
government information access decision (nsw.gov.au)
NSW Civil and Administrative Tribunal (NCAT) - Access to government information
(nsw.gov.au)

SA Gov
If you disagree with a Freedom of Information decision made by the South Australian Government
{XXXor name DepartmentXXX] and would like an external review of the decision, you can apply to
Ombudsman SA or the South Australian Civil and Administrative Tribunal (SACAT). More
information about these processes can be found here:

Ombudsman SA - Freedom of information | Ombudsman SA
South Australian Civil and Administrative Tribunal (SACAT) - Freedom of Information |
South Australian Civil and Administrative Tribunal (sacat.sa.gov.au)
Freedom of information | Attorney-General's Department (agd.sa.gov.au)

WA Gov

FOIREQ24/00397 490
If you disagree with a Freedom of Information decision made by the Western Australian
Government {XXXor name DepartmentXXX] and would like an external review of the decision, you
can apply to the Western Australian Information Commissioner . More information about these
processes can be found here:

WA Information Commissioner - Application form for external review (oic.wa.gov.au)
Apply for a Freedom of Information decision external review | Western Australian
Government (www.wa.gov.au)

Section 54N of the Freedom of the Information Act 1982 (the FOI Act) says that in order to make a
valid application for IC review a person must send us a copy of the decision they want reviewed
with their application. Noting that your application does not relate to an IC reviewable decision
within our jurisdiction to conduct a review, your application has now been finalised as invalid.

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please
quote the reference number MRXX/XXXXX in all correspondence.

Your application is now closed.

Review rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the oﬀice on 1300 362 072
or visit www.ombudsman.gov.au.

Kind regards,

FOIREQ24/00397 491
Email to Applicant – Closure to A
Our reference: MRXX/XXXXX

Mr/Mrs First Last
By email: email address

Application for IC review regarding Agency/Department

Dear XXXXX,

Thank you for your response below.

The Agency/Department (XXXX) is not an agency for the purposes of the Freedom of Information
Act 1982 (Cth) (‘FOI Act’), which means your request below is not considered a valid request in
accordance with the FOI Act. Without a valid request, there is no IC reviewable decision, and the
Oﬀice of the Australian Information Commissioner (OAIC) does not have the jurisdiction to
conduct a review of this request.

We have therefore finalised this application as invalid in accordance with s54N of the FOI Act

However, Agency/Department (XXXX) the TIO is an organisation bound by the Privacy Act 1988
(Cth). Where a request for access to personal information has been made, an agency must
respond to the applicant within 30 days. Your request from DD MM YYYY appears to be a request
for personal information in accordance with the Privacy Act, and you therefore have the
opportunity to lodge a Privacy complaint with the OAIC, having not received a response from the
Agency/Department (XXXX).

We will therefore forward your correspondence onto our Privacy branch for assessment, and a
member of the branch will be in contact with you shortly about your complaint.

In the meantime, if you have any questions, please contact our Enquiries line on 1300 363 992.

Kind regards,

Email to Privacy Branch (xxxxxxxxxxx@xxxx.xxx.xx)
Dear Enquiries,

We received an enquiry on DD MM YYYY in relation to a request for access to personal documents
held by the Agency/Department (XXXX).

This was originally taken to be an application for IC review, however, the Agency/Department is
not an agency for the purposes of the FOI Act, which means the access request is not a valid
request in accordance with the FOI Act, and we cannot conduct an IC review.

We have therefore closed this application as invalid.

FOIREQ24/00397 492
However, the Agency/Department is an organisation bound by the Privacy Act 1988, and the
applicant [INSERT REASON: e.g. has made a request for access to personal information which
has gone unanswered for more than 30 days].

We have advised the applicant that this matter has been transferred to the DR branch as a
privacy complaint for further actioning.

Please let me know if there is anything else we can do.

Kind regards,

FOIREQ24/00397 493
Our reference: MRXX/XXXXX
Agency Reference: XXXXX

Applicant Name
Representatives Name
By email:

Your application for IC review about the [Agency/Minister]

Dear Mr/Ms/Mrs XXXXX

On DD/MM/YYYY we received your application for Information Commissioner review (IC review)
regarding an FOI request you made to [Insert MP name] on DD/MM/YYYY.

Please note, the Office of the Australian Information Commissioner (the OAIC) regulates the
Privacy Act 1988 (Cth) (the Privacy Act) and the Freedom of Information Act 1982 (Cth) (the FOI
Act). The OAIC has the power to investigate complaints about the alleged mishandling of
personal information by Australian and Norfolk Island government agencies and many private
sector organisations, as well as the power to review FOI decisions. We are also responsible for
handling privacy complaints about ACT Government agencies.

However, our powers do not extend to members of Parliament.

The Parliamentary Service Act 1999 was amended in June 2013 to confirm that all parliamentary
departments are excluded from the application of the FOI Act. The effect of the amending
legislation is that the FOI Act is taken not to apply and not to have ever applied to the
parliamentary departments and persons who hold, or perform duties of, an office established
under the Parliamentary Service Act, such as a Member of Parliament.

Section 54N of the FOI Act states that in order to make a valid application for IC review, a
person must send us a copy of the decision they want reviewed with their application.

Noting that your application does not relate to an IC reviewable decision defined under s 54L or
54M, your application has now been finalised as invalid in accordance with s 54N of the FOI Act.

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please
quote the reference number MRXX/XXXXX in all correspondence.

Your application is now closed.

Review Rights

If you are unhappy with the way we have handled this matter, you may complain to the
Commonwealth Ombudsman. This service is free, and you can contact the office on 1300 362
072 or visit www.ombudsman.gov.au.

Kind regards,

FOIREQ24/00397 494
Our reference: XXXXX
Agency reference: XXXXX

FOI Contact Officer
[the Department of XXXXX]
By email: XXXXX

Consultation regarding s 54T extension of time application and IC review
application

Dear FOI Contact Officer,

I write to advise [the Department of XXXXX] that the Office of the Australian Information
Commissioner (the OAIC) received an IC review application, from XXXXX XXXXX (applicant).

The application relates to the above decision made on DD MM YEAR.

Under s 54S of the Freedom of Information Act 1982 (Cth) (FOI Act), an IC review application in
relation to an access refusal decision must be made within 60 days after the day notice of the IC
reviewable decision was given. As such, the last day for the applicant to seek IC review of the
decision was DD MM YEAR.

The OAIC received the applicant’s IC review application on DD MM YEAR. Consequently, the
application for IC review was received XXX days outside the prescribed 60-day statutory
timeframe.

The applicant has now applied for an extension of time under s 54T of the FOI Act and advised the
OAIC the following:

[INSERT SCREEN SHOT OF REASONS FOR 54T REQUEST]

In consideration of the applicant’s extension of time application, the OAIC invites [the Department
of XXXXX] to provide any comments or concerns the agency wishes to make in deciding the
outcome of this application.

Particularly, we ask that you [INSERT ANY PARTICULARS YOU MAY NEED E.G. provide a copy of the
correspondence the applicant purportedly sent to [the Department of XXXXX] on two occasions
after the decision was made].

Please respond to this email by close of business on DD MM YEAR. If we do not receive a response
by DD MM YEAR, the decision maker will make a decision on the basis of the information provided
to the OAIC.

The OAIC will notify the Department once this decision has been finalised.

Contact

If you have any questions regarding this email, please contact me via email at xxxxx@xxxx.xxx.xx .
Please quote OAIC reference: MRXX/XXXXX in all correspondence.

FOIREQ24/00397 495

Kind regards,

FOIREQ24/00397 496
Our reference: XXXXXXXXX
Agency reference: XXXXXXXXX

Mr/Ms/Mrs XXXXXXXXX
By email: XXXXXXXXX

IC review application about an FOI decision by XXXXXXXXX

Dear XXXXXXXXX,

[If relevant] I write to you as the authorised representative of [X].

I understand that you are seeking Information Commissioner review (IC review) of a decision made
by XXXXX on [date].

Under s 54S of the FOI Act, an IC review application in relation to an access grant decision must be
made within 30 days after the day notice of the IC reviewable decision was given. As such, the last
day to seek IC review of the Agency’s decision was [date].

We received your IC review application on [date]. Consequently, your application for IC review is
outside the prescribed 30 day statutory timeframe.

Extension of time under s 54T of the FOI Act

Section 54T of the FOI Act allows the Information Commissioner to extend the time for making an
application for IC review if the Information Commissioner is ‘satisfied that it is reasonable in all the
circumstances to do so’. It is therefore open to you to request an extension of time to make a valid
application for IC review.

In considering what is reasonable in all the circumstances, the Information Commissioner may
take the following factors into account:

·       the length of the delay in applying for IC review
·         the reasons for the delay
·         any action taken by you regarding the decision after the Department made its decision
·       any prejudice to the Department and to the general public due to the delay, and
·       the merits of your substantive application for IC review.

Invitation to make a request for an extension under s 54T

Please advise by the close of business on [1 week] whether you wish apply for an extension of
time under s 54T of the FOI Act, and if so, please include the reasons why you consider an
extension should be granted.

Please note, if you wish to apply for an extension of time under s 54T, under s 54T(4) we require
you to notify the [Agency Name] (the Agency) of your intention to seek IC review and request a 54T
extension as soon as possible. Please include this email address in your correspondence or
provide a copy with your reply email.

FOIREQ24/00397 497
If I do not receive a response from you by [1 week] your application for IC review will be finalised
as invalid under s 54N of the FOI Act.

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please
quote the reference number MRXX/XXXXXX in all correspondence.

Yours sincerely,

FOIREQ24/00397 498
Our reference: XXXXXXXXX
Agency reference: XXXXXXXXX

Mr/Ms/Mrs XXXXXXXXX
By email: XXXXXXXXX

IC review application about an FOI decision by XXXXXXXXX

Dear XXXXXXXXX,

I write to you as the authorised representative of [X].

I understand that you are seeking Information Commissioner review (IC review) of a decision
deemed to have been made by XXXXX on [date].

Under s 54S of the FOI Act, an IC review application in relation to an access refusal decision must
be made within 60 days after the day notice of the IC reviewable decision was given. As such, the
last day to seek IC review of the Department’s decision was [date].

We received your IC review application on [date]. Consequently, your application for IC review is
outside the prescribed 60 day statutory timeframe.

Extension of time under s 54T of the FOI Act

Section 54T of the FOI Act allows the Information Commissioner to extend the time for making an
application for IC review if the Information Commissioner is ‘satisfied that it is reasonable in all the
circumstances to do so’. It is therefore open to you to request an extension of time to make a valid
application for IC review.

In considering what is reasonable in all the circumstances, the Information Commissioner may
take the following factors into account:

·        the length of the delay in applying for IC review
·        the reasons for the delay
·        any action taken by you regarding the decision after the Department made its decision
·        any prejudice to the Department and to the general public due to the delay, and
·        the merits of your substantive application for IC review.

Invitation to make a request for an extension under s 54T

Please advise by the close of business on [1 week] whether you wish apply for an extension of
time under s 54T of the FOI Act, and if so, please include the reasons why you consider an
extension should be granted.

If I do not receive a response from you by [1 week] your application for IC review will be finalised
as invalid under s 54N of the FOI Act.

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please
quote the reference number MRXX/XXXXXX in all correspondence.

FOIREQ24/00397 499

Yours sincerely,

FOIREQ24/00397 500
Our reference:
Agency Reference:

Applicant name
[represented by: ]
By email:

Receipt of your Information Commissioner (IC) review
application concerning the s 22

Dear Applicant,

Thank you for your application for Information Commissioner Review regarding the decision/
deemed access refusal decision made by the [Department /Agency] [ if represented: on behalf of
applicant].

Please note your complaint (CPXX/XXXXX) has now been withdrawn.

The Office of the Australian Information Commissioner (OAIC) is considering your application.

Please note that the OAIC’s preference is to receive IC review applications  through our online
smartform, as this allows an application to be automatically registered and acknowledged, which
in turn allows us to progress an application more quickly. Please note that future applications that
are made by email will take longer to acknowledge and progress as they require manual
registration.

If you wish to advise the OAIC of any changes to your circumstances, including your contact details
or if your FOI request has been resolved, please write to xxxxx@xxxx.xxx.xx and quote
MR2XX/XXXXX

Kind regards,

FOIREQ24/00397 501
Subject: OAIC - Receipt of your IC review application concerning the XXDepartment NameXXX –
MRXX/XXXXX

Our reference:
Agency reference:

By email:

Receipt of your IC review application concerning the XXDepartment
NameXXX

Dear Mr/Ms/Mrs XXXX,

We have reviewed your application for Information Commissioner Review (IC Review) from [date].

From the information you have provided, on [date], you requested documents held by the
[Department Name] (the Department) under the Freedom of Information Act 1982 (the FOI Act).

On [date], the Department responded to your request and notified you of their intention to refuse
your request on the basis that the work involved in processing your request would substantially
and unreasonably divert the resources of the Department. In that notice, the Department gave you
14 days to either:

•
make a revised request; or
•
indicate that you do not wish to revise your request; or
•
withdraw your request.
It appears that on [date], the 14 day period expired, and in accordance with section 24AB(7) of the
FOI Act, the Department considered your request to be withdrawn after not receiving a response
from you. They notified you of this on [date].

An agency has the power to finalises a request as deemed to be withdrawn where an applicant
fails to respond to their notice. From the correspondence you have provided, it appears that the
required notice was given, and that you did not respond to this notice within the required time
frame. Therefore the Department deemed your request withdrawn.

As your request was deemed withdrawn by the Department, there is no reviewable decision for an
IC Review to be conducted. We therefore intend to decline this IC Review as invalid under s 54N of
the FOI Act.

If you disagree, and believe you did provide a response to the Department within the 14 day notice
period, please provide a copy of the correspondence you sent to the Department between [date]
and [date].

If we have not heard a response from you by close of business on [1 week], this IC Review
application will be closed as invalid.

Kind regards,

FOIREQ24/00397 502
Subject: OAIC – MRXX/XXXXX - Extension of time request under s 54T of the FOI Act

Our reference:
Agency reference:
By email:
Extension of time request under s 54T of the FOI Act
Dear [Mr/Mrs/Ms XXXX],

I refer to your request for an extension of time (s 54T) to seek Information Commissioner review (IC
review) of the decision deemed to be made by the [Agency name] under the Freedom of Information
Act 1982 (the FOI Act).

As noted in our previous correspondence to you inviting your application for extension under s 54T
[OR As noted in your application for IC review], your IC review application was received outside of
the prescribed statutory timeframe. [IF DECISION MADE AFTER DEEMED DATE: I note that a deemed
refusal decision occurred on XX XX XXXX, and you wish to seek review of the decision issued by the
Agency/Department on XX XX XXXX].

As a delegate of the Information Commissioner, I am authorised to make decisions on requests for
extensions of time under s 54T of the FOI Act.

I have considered the reasons provided in support of your request for an extension of time. In
particular, I have considered…

•  [Insert considerations]

In light of this, I have decided under s 54T of the FOI Act to grant your extension request.

Based on the information before the OAIC, I am satisﬁed that granting an extension of time under s
54T of the FOI Act is reasonable in al  the circumstances.

As such, your IC review is taken to have been lodged within the statutory timeframe. We wil  write
to you regarding the progress of your IC review in due course.

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please quote
the reference number at the top of this email in all correspondence.

Review rights

Judicial review
If you disagree with the OAIC’s decision you can apply to the Federal Court of Australia or the
Federal Circuit Court for a review of a decision of the Information Commissioner if you think that a
decision by the Information Commissioner to grant an extension of time is not legal y correct. You
can make this application under the Administrative Decisions (Judicial Review) Act 1977.

FOIREQ24/00397 503
The Court wil not review the merits of your case but it may refer the matter back to the Information
Commissioner for further consideration if it ﬁnds the decision was wrong in law or the Information
Commissioner’s powers were not exercised properly.
An application for review must be made to the Court within 28 days of the OAIC sending the decision
to you. You may wish to seek legal advice as the process can involve fees and costs. Please contact
the Federal Court registry in your state or territory for more information, or visit the Federal Court
website at http://www.fedcourt.gov.au/.

Making a complaint to the Commonwealth Ombudsman
If you believe you have been treated unfairly by the OAIC, you can make a complaint to the
Commonwealth Ombudsman (the Ombudsman). The Ombudsman's services are free. The
Ombudsman can investigate complaints about the administrative actions of Australian Government
agencies to see if you have been treated unfairly.
If the Ombudsman ﬁnds your complaint is justiﬁed, the Ombudsman can recommend that the OAIC
reconsider or change its action or decision or take any other action that the Ombudsman considers is
appropriate. You can contact the Ombudsman's oﬃce for more information on 1300 362 072 or visit
the Commonwealth Ombudsman’s website at http://www.ombudsman.gov.au.

Accessing your information
If you would like access to the information that we hold about you, please contact
xxxxx@xxxx.xxx.xx. More information is available on the Access our information page on our
website.

[Signature Block]

FOIREQ24/00397 504
Section 54T Extensions
Under s 54S of the FOI Act, an IC review application in relation to an access refusal decision must be
made within 60 days after the day notice of the IC reviewable decision was given.

Section 54T of the FOI Act al ows the Information Commissioner to extend the time for making an
application for IC review if the Information Commissioner is ‘satisﬁed that it is reasonable in all the
circumstances to do so’. It is therefore open to the applicant to request an extension of time to make
a valid application for IC review.

When these out of time applications come through the registering oﬃcer will immediately issue a
54T invitation. Once the applicant has responded, the registration oﬃcer will label them in Resolve
as “[NOW] Draft 54T”:

HOW TO PROCESS:
1.  If a 54T invite has not already been sent to the applicant, you wil  need to send one and
receive a response before drafting the decision. The template for the 54T Invitation is here:
54T Invitation. Provide 1 week to respond before you can move on to the next steps.
a.  Remember:
i.  Check if submissions are in original smartform application.
ii.  Check to see if there are EOT ﬁles with the same agency reference number
which may tel  you the processing period to respond has been extended.
2.  Read submissions from A and decide if it’s a grant or refusal. If unsure, speak to your EL1 or
EL2 for advice. Submissions wil  be saved in Documents as “54T Response from A”, or if
this not there, they wil  be included in the original application form.
3.  At this stage, action ﬂow should be up to ‘Respondent’s View Appropriate’, as below:

FOIREQ24/00397 505

4.  Create IC EOT Request:
a.  Click IC Requests

5.  Select New IC Request, and the following window will pop up. It will automatical y be set as
‘Copy Applicant as Requestor, Respondent as Request Relating to.’ Select ‘Ok’

6.   The IC Request ﬁle wil  open and look like this.

FOIREQ24/00397 507
b.  Original Decision Date: This wil  be the date of the Agency/Department’s decision (or
deemed refusal decision)
c.  Extension Date: this will be the date the IC review was requested (not the 54T). Will
be the date the smart form was received on the website.
d.  Request Decision: Granted or Not Granted
e.  Summary Window: 54T Granted or 54T Not Granted

9.  Save the IC request (
) this will auto populate more ﬁelds
10. Then select ‘Close IC Request’

11. Return to original IC review MR23/XXXXX ﬁle
12. Complete actions up to ‘Al  assessment info available? (MR MA)’. Actions should reﬂect this:

13. Delete ﬁnal action (‘All assessment info available? (MR MA)’). Highlight action > right click >
delete action.

14. Right click > new procedure > FOI letter templates > Early resolution letters (FOI) > MR-112 –
54T – Grant decision to A

FOIREQ24/00397 508

15. A new action will appear labelled ‘Send Decision to all Parties (MR DN)’. Highlight action >
right click > action tasks

16. An action tasks window will pop up. The grant decision letter will already be highlighted.
Click ‘Merge and edit’

17. A recipient’s window wil pop up. You de-select the respondent and only have the applicant
selected. If there is a representative, only have the representative selected. Select ok:

FOIREQ24/00397 510

20. For reasons of decisions (where is says ‘[insert considerations]’), open our I&ER teams
channel > ﬁles > triage queue > example 54T reasons.docx. Use whatever of these examples
ﬁts the decision you’re working on
21. Under the ‘Next Steps’ heading, remove which ever paragraph doesn’t apply. If this is IC
review of a deemed decision, you wil need to keep the paragraph that talks about
preliminary inquiries. If it is an access refusal/access grant, you wil need to keep the
paragraph that talks about assessment by a senior member of the team

FOIREQ24/00397 511
22. APS 5 and above can put their name on the letter [REMINDER: If the decision is complex or
sensitive, seek EL2 clearance before sending. This is more likely to occur in ‘Not Granted’ 54T
decisions]
23. Save as a copy of the letter as a PDF on your desktop and then save and exit the letter in
word. Then make sure document is checked in resolve.
24. Label document in Resolve as ‘Draft 54T’
25. Create email and attach PDF from your desktop. Body of email wil  say:
Subject line – OAIC - MRXX/XXXX - Extension of time request under s 54T of the FOI Act

Our reference: MRXX/XXXX
Agency reference: XXXXXX

Mr/Mrs Applicants name
Represented by XXXXXX
By email:

Extension of time request under s 54T of the FOI Act

Dear XXXXX,
Thank you for your application(s) for an extension of time to apply for Information
Commissioner Review (IC review) <on behalf of>.

Please find attached a decision issued under s54T of the FOI Act regarding your extension of time
request.
Kind regards,

26. Send email.
27. Save copy of email to resolve
28. Label email as “54T Grant to A”

29. Delete all open actions in resolve
a.  There should only be the send decisions action open from before – you can delete
this otherwise it will ruin the action ﬂo
30. Go to Al  Actions tab in resolve
31. Deselect the action ‘Application Valid’

32. Then double click the open ‘application valid’ action
33. Change status to ‘application is valid’ and click ok

34. This wil  open a new action cal ed “deemed refused under ss …”

FOIREQ24/00397 512
35. Complete the action depending on whether the matter needs to move deemed queue or
assessments queue (Bernie, Georgia and Hannah hunter can assist with this if unsure)
36. Update summary window to include al  possible details about request and progress of review

37. Change case oﬃce to move matter to correct queue
38. Update ‘Next action’ note, either:
a.  [NOW] issue PIs; or
b.  If moving to assessment, include exemptions that applicant is having reviewed
39. Next Action Due Date wil  be the date you moved the matter onto assessments or deemed.
E.g

40. Ensure Issues have been added to resolve ﬁle

41. Save and close resolve ﬁle

FOIREQ24/00397 513
Subject line: OAIC – MR - s 54R - Withdrawal of Information Commissioner review

Our reference:
Agency/Minister reference:

Applicant Name
Agency/Minister

By email: Applicant
By email: Agency/ Minister

Withdrawal of Information Commissioner review application under s
54R of the FOI Act

Dear Parties,
I refer to the above matter.
The applicant has advised they wish to withdraw their application for Information Commissioner
review.
As such, this Information Commissioner review is now closed under s 54R of the FOI Act.
Thank you for your assistance in this matter.
Kind regards,

FOIREQ24/00397 514
Subject: OAIC - MRXX/XXXXX Response Required by DD Month Year- Receipt of your IC review
application concerning the [Department Name]

Our reference:
Agency Reference:

By email:

Receipt of your Information Commissioner review application concerning
the [Department Name]

Dear Mr/Ms/Mrs XXXXX,

We have received your request for Information Commissioner Review (IC review) dated [date].

I understand from your email that you are seeking IC review of an FOI decision made by
[Department name] (the Department).

Information required

To assist in assessing your application, please provide the following:

1.  A copy of the original FOI request you submitted to the Department.
2.  A copy of any covering letter or email which was sent with your FOI request to the
Department.
3.  Any acknowledgement, automated or otherwise, which you may have received from the
Department after your response was submitted
4.  A copy of the FOI Decision letter
5.  [If relevant, list other documents mentioned in application]

Section 54N of the Freedom of Information Act 1982 (Cth) ( FOI Act’) provides that the contents of an
IC review application must include a copy of the IC reviewable decision for which an IC review is
sought.
If we do not receive a response from you by close of business on [1 week], your application will be
finalised as invalid in accordance with s 54N of the FOI Act.

Kind regards,

FOIREQ24/00397 515
Subject: OAIC – MRXX/XXXXX - Extension of time request under s 54T of the FOI Act

Our reference:
Agency reference:
By email:
Extension of time request under s 54T of the FOI Act
Dear [Mr/Mrs/Ms XXXX],

I refer to your request for an extension of time (s 54T) to seek Information Commissioner review (IC
review) of the decision deemed to be made by the [Agency name] under the Freedom of Information
Act 1982 (the FOI Act).

As noted in our previous correspondence to you inviting your application for extension under s 54T
[OR As noted in your application for IC review], your IC review application was received outside of
the prescribed statutory timeframe. [IF DECISION MADE AFTER DEEMED DATE: I note that a deemed
refusal decision occurred on XX XX XXXX, and you wish to seek review of the decision issued by the
Agency/Department on XX XX XXXX].

As a delegate of the Information Commissioner, I am authorised to make decisions on requests for
extensions of time under s 54T of the FOI Act.

I have considered [include relevant factors]:
•  the extent of the delay
•  whether the applicant has shown an acceptable explanation for the delay
•  whether the applicant has rested on their rights and al owed the decision-maker to believe
that the matter was ﬁnal y concluded or continued to make the decision-maker aware that
they contest the ﬁnality of the decision
•  whether the respondent agency or the general public would suﬀer prejudice as a result of
the extension
•  the merits of the substantive application, and
•  whether it is fair and equitable in the circumstances to extend time.

I have also considered the reasons you provided in support of your request for an extension of time.
In particular, I have considered…

•  [Insert considerations]

On the basis of the information before the OAIC, I am not satisﬁed that granting an extension of time
under s 54T of the FOI Act is reasonable in al  of the circumstances.

I note that this does not prevent you from making new FOI request with the Department.

FOIREQ24/00397 516
The eﬀect of this decision is that your application for IC review is out of time and your IC review has
been ﬁnalised as being invalid under s 54N of the FOI Act. I conﬁrm that your IC review is now
closed. Your review rights are set out below

If you would like to discuss this matter, I can be reached by email at xxxxx@xxxx.xxx.xx. Please quote
the reference number at the top of this email in all correspondence.

Review rights

Judicial review
If you disagree with the OAIC’s decision you can apply to the Federal Court of Australia or the
Federal Circuit Court for a review of a decision of the Information Commissioner if you think that a
decision by the Information Commissioner to grant an extension of time is not legal y correct. You
can make this application under the Administrative Decisions (Judicial Review) Act 1977.
The Court wil not review the merits of your case but it may refer the matter back to the Information
Commissioner for further consideration if it ﬁnds the decision was wrong in law or the Information
Commissioner’s powers were not exercised properly.
An application for review must be made to the Court within 28 days of the OAIC sending the decision
to you. You may wish to seek legal advice as the process can involve fees and costs. Please contact
the Federal Court registry in your state or territory for more information, or visit the Federal Court
website at http://www.fedcourt.gov.au/.

Making a complaint to the Commonwealth Ombudsman
If you believe you have been treated unfairly by the OAIC, you can make a complaint to the
Commonwealth Ombudsman (the Ombudsman). The Ombudsman's services are free. The
Ombudsman can investigate complaints about the administrative actions of Australian Government
agencies to see if you have been treated unfairly.
If the Ombudsman ﬁnds your complaint is justiﬁed, the Ombudsman can recommend that the OAIC
reconsider or change its action or decision or take any other action that the Ombudsman considers is
appropriate. You can contact the Ombudsman's oﬃce for more information on 1300 362 072 or visit
the Commonwealth Ombudsman’s website at http://www.ombudsman.gov.au.

Accessing your information
If you would like access to the information that we hold about you, please contact
xxxxx@xxxx.xxx.xx. More information is available on the Access our information page on our
website.

[Signature Block]

FOIREQ24/00397 517
Subject: OAIC – Further Information Required Due DD MM Year-  [Applicant name]’s Information
Commissioner review application concerning the [Agency name]

Attachment: [OAIC privacy and Authority Consent Form – Feb 2024]

Our reference:
Agency Reference:

Receipt of [Applicant name]’s Information Commissioner review
application concerning the [Agency name]

Dear [Representative name],

We have received your request for Information Commissioner Review (IC review) dated [XX] on
behalf of the above referenced applicant.

Further Information required

[Option 1] The authority provided with the IC review application is insufficient as it is limited to
providing you authority to lodge the original FOI request on behalf of the IC review applicant and
does not extend to permitting you to lodge an IC review on their behalf.

[Option 2] You have not provided proof of authority to lodge an IC review on behalf of the IC review
applicant with your application.

Please see attached authority and privacy consent form to be completed and returned by [1 week].
If you cannot meet this timeframe, please advise us as soon as possible.

Why we need this information
In order for the IC review application to meet the requirements of section 54L(3) of the Freedom of
Information Act 1982 (Cth) (‘FOI Act’), we require evidence that the applicant has provided authority
for a representative to lodge an IC review on their behalf.
If we do not receive a response from you by the due date your application will be finalised as invalid,
as it does not meet the requirements of s 54L(3), and therefore is invalid under s 54N of the FOI
Act.

Kind regards,

[Signature]

FOIREQ24/00397 531

April 2024
FOI Complaint recommendation cases:
Overview of process
This resource applies to managing FOI Complaint Recommendation Cases and should be read in
conjunction with Part 11 of the FOI Guidelines, the Regulatory Action Policy and FOI Complaints:
Overview of investigation process resource.
Key principles
•  The Information Commissioner can investigate under Part VIIB of the FOI Act agency actions
relating to the handling of FOI matters. This involves investigating complaints received from
complainants (s 70) as well as conducting own motion investigations (s 69(2)).
•  The complaints process set out in Part VIIB is primarily intended to deal with the manner in
which agencies handle FOI requests and procedural compliance matters.
•  The FOI Act sets out certain rules that apply to the conduct of the Information Commissioner’s
complaint investigations and Commissioner initiated investigations. The guiding principle is
that an investigation shall be conducted in private and in the way the Information
Commissioner considers fit (s 76(1)).
•  On completing an investigation, the Information Commissioner must provide a ‘notice on
completion’ to the agency and to the complainant (if there is one) (s 86).
•  The Information Commissioner’s notice must include the investigation results, the
investigation recommendations (if any), and the reasons for those results and any
recommendations (s 86(2)).
•  In addition to including opinions, conclusions or suggestions in a notice on completion, the
Information Commissioner may also make ‘formal recommendations to the respondent
agency that the Information Commissioner believes that the agency ought to implement’ (s
88).
•  If the Information Commissioner is not satisfied that the agency has taken adequate and
appropriate action to implement a formal recommendation, the Information Commissioner
may issue a written ‘implementation notice’ requiring the agency to provide within a specified
time particulars of any action the agency will take to implement the Information
Commissioner’s recommendations (s 89).