Direction to the Department of Veterans' Affairs
under s 55(2)(e)(ii) of the Freedom of Information Act 1982
In relation to MR24/00884, I, Michelle Corcoran, Assistant Director, Freedom of Information,
delegate of the Australian Information Commissioner for the purposes of
the Freedom of
Information Act 1982, issue the following direction to the Department of Veterans' Affairs (the
Agency) under s 55(2)(e)(ii) of the FOI Act:
1. To provide information in response to the request for information issued to the
Agency on 18 June 2024, by
20 November 2024 to the OAIC via
xxxxx@xxxx.xxx.xx.
2. To provide a copy of the Agency’s submissions to the applicant at the same time
they are provided to the OAIC.
Your obligations
I draw your attention to the following matters:
Freedom of Information Act 1982
Section 55(2)(e)(ii) of the 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.
Compliance with this direction can be met by taking the steps set out above.
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, se
e 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
1300 363 992
T +61 2 9284 9749
GPO Box 5218
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
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:
• 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 Michelle Corcoran, Assistant Director, Freedom of Information
Signed:
Date: 6 November 2024
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