FOIREQ23 00156 Documents Part4.pdf

Stages
Considerations
Actions/next steps
•  Senior
•  In accordance with intake considerations
•  Note in assessment
assessment: pre-
•  Whether novel issues raised or whether it can be  •  Insert relevant cross-references
commencement
a lead case to address systemic issues
of review
•  Whether there is an application currently before
the OAIC for a vexatious applicant declaration
to be made in relation to the IC review applicant
or an investigation into a complaint
•  Senior
•  In accordance with senior assessment: pre-
•  Note in assessment
assessment:
review of documents considerations
•  Insert relevant cross-references
post-
•  Whether respondent’s decision or ability to
commencement
make a revised decision is affected by
of review,
consultation with other government agencies
including review
of documents at
issue prior to
allocation
•  IC Review: Case
•  In accordance with intake considerations
•
management
•  Whether respondent’s decision or ability to
make a revised decision is affected by
consultation with other government agencies

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June 2023
IC review case categories
IC review case categories provide an indication of the complexity and range of issues to be
determined in an IC review application.
IC review case categories are used to allocate IC reviews efficiently and equitably across all
teams and assist in the implementation of strategies to address the backlog in IC reviews
awaiting allocation.
The table below sets out the case categories and identifies the range of issues to be
determined within each category.
In relation to matters assessed as a categories [cat 4] and [cat 5.4] (most complex and
voluminous), consideration may be given as to whether the application should be declined
under s 54W(b) in line with part [10.88] of the FOI Guidelines. This worksheet should be read
in conjunction with the conducting IC review assessments worksheet: D2019/002542
Related guidance
These documents contain further guidance about the issues to be determined in IC reviews:
Conducting an IC review: Identification of systemic and significant issues: D2019/001898.
Conducting IC reviews: Assessments: D2019/002542.
Category
Description
Issues
Category 0
Invalid applications
Section 54N (Out of Jurisdiction)
[Cat 0]
The IC review application does not meet the requirements of
s54N (copy of decision not provided) – after a reasonable
opportunity to provide one.
The IC review application does not meet the requirements of
s 54S and a s54T extension of time has been declined/or not been
made following an invitation to make one (IC review application
is out of time)
The IC review application is intended for a state jurisdiction.
Misdirected (Not FOI related)
Misdirected (FOI request not yet made)
No IC reviewable decision (e.g., in circumstances where an
agency has issued a Practical refusal consultation notice)
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Category
Description
Issues
Category 0.5  Deemed access refusal
Access refusal reason: s15AC (decision not made on request
[Cat 0.5]
within time) – deemed refusal.
Category 1
Less complex
Access refusal reason: charges
[Cat 1]
May be resolved by way
Access refusal reason: searches (sole issue)
of
Access refusal reason: material irrelevant to FOI request (s 22
ss 54W, 55F or 55K
only)
Access refusal reason: exception to FOI Act (s 7 only)
Access refusal reason: s 4
Access refusal reason: s 20
Access refusal reason: s 21
Category 2
Less complex
Access refusal reason: practical refusal
[Cat 2]
May be resolved by way
Access refusal reason: searches and s 12
of
Access refusal reason: searches and s 17
ss 54W, 55F or 55K
Access refusal reason: s 25
Access refusal reason: single non-conditional exemption (may
include s 22) (33, 34, 37, 38, 42, 45, 46, 47)
Access refusal reason: searches and single non-conditional
exemption (may include s 22) (ss 33, 34, 37, 38, 42, 45, 46, 47)
Access refusal reason: single conditional exemption (may include
s 22) (47B, 47C, 47D, 47E(b), 47E(c), 47E(d), 47F, 47G, 47H, 47J)
Access refusal reason: searches and single conditional exemption
(may include s 22) (47B, 47C, 47D, 47E(b), 47E(c), 47E(d), 47F, 47G,
47H, 47J)
Category 3
Complex
Access refusal reason: various exemptions (more than one)
[Cat 3]
May be resolved by way
involving a small number (<50) of documents OR < 200 pages of
of ss 54W, 55F or 55K
exempt material
Access refusal reason: searches and various exemptions (more
than one) involving a small number (<50) documents OR < 200
pages of exempt material
May involve third party issues
Category 4
Most complex and
Access refusal reason: amendment
[Cat 4]
voluminous
Access refusal reason: various exemptions (more than one)
May be resolved by way
involving a large number (>50) of documents OR > 200 pages of
of ss 54W, 55F or 55K
exempt material
Access refusal reason: searches and various exemptions (more
than one) involving a large number (>50) of documents OR > 200
pages of exempt material
May involve third party issues
Category 5
IC reviews with systemic  IC reviews with the following significant and systemic issues:
[Cat 5]
and significant issues
-  Access grant decisions
More likely to be
-  IC review applicant is a Parliamentarian
resolved by way of s 55K
decision
-  IC review applications relating to Ministers (Respondents
or subject matter).
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Category
Description
Issues
-  Access refusal reason includes following exemptions (4,
25, 33, 34, 46, 47B, 47D, 47H, 47J)
-  Request relates to official documents of a minister,
senior officials’ diaries, electronic communications,
incoming government briefs
-  Requests relates to ongoing public debate or highly
publicised investigations
-  Exemptions relate to waiver of privilege
-  Whether novel issues raised or whether it can be a lead
case to address systemic issues
-  Request relates to PID complaint

Category 5.1
Significant and systemic issues identified above and:
[Cat 5.1]
Access refusal reason: charges

Access refusal reason: searches (sole issue)
Access refusal reason: material irrelevant to FOI request (s 22
only)
Access refusal reason: exception to FOI Act (s 7 only)
Access refusal reason: s 4
Access refusal reason: s 20
Access refusal reason: s 21

Category 5.2
Significant and systemic issues identified above and:
[Cat 5.2]
Access grant decisions
Access refusal reason: practical refusal
Access refusal reason: searches and s 12
Access refusal reason: searches and s 17
Access refusal reason: s 25
Access refusal reason: single non-conditional exemption (may
include s 22) (33, 34, 37, 38, 42, 45, 46, 47)
Access refusal reason: searches and single non-conditional
exemption (may include s 22) (33, 34, 37, 38, 42, 45, 46, 47)
Access refusal reason: single conditional exemption (may include
s 22) (47B, 47C, 47D, 47E(b), 47E(c), 47E(d), 47F, 47G, 47H, 47J)
Access refusal reason: searches and single conditional exemption
(may include s 22) (47B, 47C, 47D, 47E(b), 47E(c), 47E(d), 47F, 47G,
47H, 47J)

Category 5.3
Significant and systemic issues identified above and:
[Cat 5.3]
Access refusal reason: various exemptions (more than one)
involving a small number (<50) of documents OR < 200 pages of
exempt material
Access refusal reason: searches and various exemptions (more
than one) involving a small number (<50) documents OR < 200
pages of exempt material
May involve third party issues
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Category
Description
Issues

Category 5.4
Significant and systemic issues identified above and:
[Cat 5.4]
Access refusal reason: amendment
Access refusal reason: various exemptions (more than one)
involving a large number (>50) of documents OR > 200 pages of
exempt material
Access refusal reason: searches and various exemptions (more
than one) involving a large number (>50) of documents OR > 200
pages of exempt material
May involve third party issues

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