ATTACHMENT A
You can lodge your application in writing through
Freedom of Information
one of the contact details provided at the end of
– Your Review Rights
this attachment.
If you disagree with the decision made by the
Review by the Australian Information
Department of Finance (Finance) under the
Commissioner (IC)
Freedom of Information Act 1982 (the FOI Act),
The IC is an independent office holder who can
you can ask for the decision to be reviewed. You
review the decisions of agencies and ministers
may want to seek review if you sought certain
under the FOI Act. The IC can review access
documents and were not given ful access, if you
refusal decisions (s 54L(2)(a) of the FOI Act),
have been informed that there will be a charge
access grant decisions (s 54M(2)(a)), refusals to
for processing your request, if you have made a
extend the period for applying for internal review
contention against the release of documents that
under s 54B (s 54L(2)(c)), and agency internal
has not be agreed to by the Department, or if
review decisions under s 54C (ss 54L(2)(b) and
your application to have your personal
54M(2)(b)).
information amended was not accepted. There
are two ways you can ask for review of a
If you are objecting to a decision to refuse access
decision: internal review by Finance, or external
to documents, impose a charge or refuse to
review by the Australian Information
amend a document, you must apply to the IC
Commissioner.
within 60 days of being given notice of the
decision. If you are objecting to a decision to
Internal Review
grant access to another person, you must apply
If Finance makes an FOI decision that you
within 30 days of being notified of that decision.
disagree with, you can ask Finance to review its
decision. The review will be carried out by a
Do I have to go through Finance’s internal
different agency officer, usually someone at a
review process first?
more senior level. There is no charge for internal
No. You may apply directly to the IC. However,
review.
going through Finance’s internal review process
You must apply within 30 days of being notified
gives Finance the opportunity to reconsider its
of the decision, unless Finance agrees to extend
initial decision, and your needs may be met more
the application time. You should contact Finance
quickly without undergoing an external review
if you wish to seek an extension.
process.
Finance is required to make a review decision
within 30 days. If Finance does not do so, the
Do I have to pay?
original decision is considered to be affirmed.
No. Review by the IC is currently free.
How to apply for internal review
You must apply in writing and should include a
copy of the notice of the decision provided and
the points you are objecting and why.
How do I apply?
complaint, then they are to transfer all relevant
You must apply for IC review in writing and you
documents and information to the IC.
can lodge your application in one of the following
ways:
The IC can also transfer a complaint to the
Post: Office of the Australian Information
Ombudsman where appropriate. This could
Commissioner
occur where the FOI complaint is only one part of
GPO Box 5218
a wider grievance about an agency’s actions. It is
SYDNEY NSW 2001
unlikely that this will be common. You will be
Email: xxxxxxxxx@xxxx.xxx.xx
notified in writing if your complaint is
Fax:
02 9284 9666
transferred.
In person:
Level 3
175 Pitt Street
Applications to the Ombudsman should be
SYDNEY NSW 2000
directed to the fol owing address:
An electronic application form is also available on
Post: Commonwealth Ombudsman
the OAIC’s website
(www.oaic.gov.au). Your
PO Box 442
application should include a copy of the notice of
CANBERRA ACT 2601
the decision that you are objecting to (if one was
Phone: 02 6276 0111
provided), and your contact details. You should
1300 362 072
also set out why you are objecting to the
decision.
Finance FOI contact details
FOI Coordinator
Making a complaint
Legal Services Branch
You may make a written complaint to the IC
Department of Finance
about actions taken by Finance in relation to your
One Canberra Avenue
application. However, if you are complaining that
FORREST ACT 2603
a Finance decision is wrong, it is treated as an
Phone: 02 6215 1783
application for review.
Email: xxx@xxxxxxx.xxx.xx
Website: www.finance.gov.au/foi/foi.html
When can I go to the Administrative Appeals
Tribunal (AAT)?
Under the FOI Act, you must seek external review
through the IC prior to applying to the AAT for
such a review. The fee for lodging an AAT
application is $884, although there are
exemptions for health care and pension
concession card holders and the AAT can waive
the fee on financial hardship grounds.
Investigation by the Ombudsman
The Commonwealth Ombudsman can also
investigate complaints about action taken by
agencies under the FOI Act. However, if the issue
complained about either could be or has been
investigated by the IC, the Ombudsman wil
consult the Commissioner to avoid the same
matter being investigated twice. If the
Ombudsman decides not to investigate the
