FOIREQ24/00508 0365
Review rights
Judicial review
You can apply to the Federal Court of Australia or the Federal Circuit Court for a review of a decision
of the Information Commissioner if you think that a decision by the Information Commissioner not
to review or not to continue to undertake review of this IC review application under the Freedom of
Information Act 1982 (the FOI Act) is not legally correct. You can make this application under the
Administrative Decisions (Judicial Review) Act 1977.
The Court 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
or determination to you. You may wish to seek legal advice as the process can involve fees and costs.
Please contact the Federal Court registry in your state or territory for more information, or visit the
Federal Court website 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 information1 page on our
website.
1 www.oaic.gov.au/about-us/access-our-information/.
FOIREQ24/00508 0370
Attachment A: Documents at issue
If an issue to be determined in this IC review is the application of exemptions to documents, this table should be completed to indicate which documents (or page
numbers, if documents are not numbered) are in scope. Please only list the documents over which exemption issues need to be decided at IC review. The comment
field can be used to record any observations on the strength of the exemption, issues to be considered, clarification of what parts of the document are exempt if
necessary, etc. For example:
Doc #
Exemption
Comment
3, 7, 8
45
Query whether legal professional privilege waived. See applicant subs.
9
47G(1)(a)
Section 47G(1)(a) applies to part of covering document.
45
Section 45 applies to attachment. Query whether privilege waived.
10-15
47G(1)(a)
5
FOIREQ24/00508 0371
Attachment B: Further information required
The below table must be completed before allocating the matter to the Significant Decisions Team. Please complete the below table by including any relevant FOI
Act requirements, any further information required to properly assess each requirement, and the source of the information. For example:
FOI Act requirement
Further information required and source
S 24AB – was the request
Not under contention. No further information required
consultation process followed?
S 24AA – substantial diversion
The agency has indicated processing the request would take more than 250 hours but has not provided any
further details.
Request the agency provide:
• a breakdown of the 250 hours processing time and information about how it calculated that figure.
• whether sampling was undertaken and if so, copies of the sample documents
• information about the relevance of the sample and how it relates to the calculation of processing
time
S 24AA – unreasonable
The agency has not specifically addressed unreasonable diversion in its decision or submissions.
diversion
Request the agency provide submissions as to why it considers
the work involved in processing the request
would unreasonably divert the resources from its other operations.
6
