27 February 2025
FOI ref: 2025/0040
Archibald Andrews
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Andrews,
Notice of Decision for Freedom of Information Request no. 2025/0040
The purpose of this letter is to give you a decision about access to documents that you have
requested under the
Freedom of Information Act 1982 (
FOI Act).
Summary
I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to
FOI requests.
You lodged an FOI request on 29 January 2025 for access to:
‘The number of draft decision checks undertaken by lawyers employed by the
Administrative Review Tribunal for each member of the Tribunal from 14 October 2024
until 24 January 2025.’
I have interpreted the scope of your request to be for the number of cases where a member
has sent their decision for draft check by the Tribunal’s legal services team.
The Tribunal does not hold this information as a discreet document. Instead, this information
is contained within the electronic case management database. Section 17 of the FOI Act allows
an agency to produce a document where it does not exist in discreet form, using computer
equipment available to it in its ordinary operations as long as this work does not substantially
and unreasonably divert resources of the agency from its other operations. The Tribunal’s
Legal Services section was able to produce the numbers and I have extracted this into a
document.
Decision
I have decided to release this document to you in full.
I have taken the following into account in making my decision:
• your FOI request received via email on 29 January 2025
• the FOI Act
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act.
Your review rights
Information about how you can apply for a review of this decision or complain about how we
have dealt with this matter is set out in the attached fact sheet, FOI 2.
If you have any questions about this decision, please contact me
at xxx@xxx.xxx.xx.
Yours sincerely,
April W
Authorised FOI Of icer (APS 6)
Attachments
FOI 2 – Information about reviews and complaints under the Freedom of Information Act
Attachment A
Level 6, 83 Clarence Street
T 1800 228 333
Sydney NSW 2000
E xxx@xxx.xxx.xx
www.art.gov.au
GPO Box 9955 Sydney NSW 2001
Information about reviews and complaints under the
Freedom of Information Act
What should I do prior to applying for internal review or contacting the Office of
the Australian Information Commissioner?
Before you apply for an internal review or contact the Office of the Australian Information
Commissioner, we recommend that you telephone the officer who made the FOI decision. It is
often possible to resolve concerns or answer your questions using this approach and, if not,
the officer wil be able to assist you in applying for review.
How do I apply for internal review to the AAT?
You can apply to us for an internal review of the FOI decision. The application for internal
review must be made within 30 days or such further period as we allow, after the day the
decision is notified to you. To apply for an internal review you must do so in writing. You may
also wish to explain why you are not satisfied with the decision. A different and more senior
officer authorised under the
Freedom of Information Act 1982 (the FOI Act) wil conduct the
internal review and make a new decision within 30 days after receipt of your application.
If you have already applied for internal review and want to seek a further review of that
decision, you wil need to apply to the Australian Information Commissioner.
How do I apply for review to the Australian Information Commissioner?
You may also apply directly to the Australian Information Commissioner for review of the FOI
decision. The application for review must be made within 60 days after the day notice of the
decision was given. An application for review must be in writing, include details of how notices
in relation to the review are to be sent to you and include a copy of the decision. You may also
wish to explain why you are not satisfied with the decision. An online application form is
available on the Office of the Australian Information Commissioner’s website found here:
Information Commissioner Review Application form.
What if I want to make a complaint about the handling of a Freedom of
Information request?
If you have a complaint about the way in which we have processed your request for access
under the FOI Act you can ask the Australian Information Commissioner to investigate. An
online complaint form is available on the Office of the Australian Information Commissioner’s
website, found her
e FOI Complaint Form.
Where can I find further information or contact details for the Office of the
Australian Information Commissioner?
Further information is available on the Office of the Australian Information Commissioner’s
website at
www.oaic.gov.au and you can contact the office on 1300 363 992 or by email at
xxxxxxxxx@xxxx.xxx.xx..
FOI 2 (April 2024)
