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Decision not to continue to undertake an Information Commissioner review
under s 54W(c) of the Freedom of Information Act 1982
Information Commissioner review applicant Waldek Lupinski
Agency
Attorney-General's Department
Decision date
26 November 2025
OAIC reference number
MR23/01376
Agency reference number
FOI23/463
Decision
1. I refer to the application made by Waldek Lupinski (the applicant) for Information
Commissioner review (IC review) of a revised decision made by the Attorney-General's
Department (the Agency) on 27 March 2024, under the
Freedom of Information Act 1982
(Cth)(the FOI Act).
2. As a delegate of the Information Commissioner, I have decided to exercise my discretion not to
continue to undertake an IC review under s 54W(c) of the FOI Act.
Discretion not to continue to undertake an IC review
3. If an applicant fails to comply with a direction of the Information Commissioner, including the
Direction as to certain procedures to be followed by applicants in Information Commissioner
reviews,
1 the Information Commissioner may in some cases decide not to undertake or continue
to undertake an IC review. The Direction specifically states:
Applicants must respond to requests for information from the OAIC within the time provided unless
there are exceptional circumstances warranting a longer period to respond. If more time is needed,
a request for an extension of time must be made to the OAIC at the earliest opportunity within the
period provided for response, and no later than 2 days before that period is due to expire.
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ee Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [3.1] [3.2]
2 S
ee Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.22].
Reasons for decision
On the basis of the information presently before the Information Commissioner, I am satisfied that
the review should be finalised under s 54W(c) of the FOI Act as the applicant failed to comply with a
direction of the Information Commissioner because:
• on 5 November 2025, the OAIC contacted the applicant to confirm whether the applicant
wished to proceed with this IC review, including relevant grounds for review in the event
they wished to proceed by responding to the Agency’s submissions. In this correspondence
the OAIC notified the applicant that in the absence of a response from them by 19 November
2025, this IC review would be finalised by a delegate of the Information Commissioner under
s 54W(c) of the FOI Act
• the OAIC has not received a response from the applicant to this correspondence by the
specified date.
4. In deciding whether to exercise the discretion not to continue to undertake a review I have
considered that, in light of the above factors, it does not appear that reviewing this matter will
promote the objects of the FOI Act, particularly as access to documents has now already been
provided.
5. I confirm that this IC review is now closed. Information about the applicant’s review rights are
set out below.
Yours sincerely,
Carl English
Assistant Director
Freedom of Information Branch
Office of the Australian Information Commissioner
26 November 2025
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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 will 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.
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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.
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Accessing your information
If you would like access to the information that we hold about you, pleas
e contact us.
More information is available on our website.
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3 S
ee Federal Court of Australia
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ee Commonwealth Ombudsman
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ee About us: Access our information
Document Outline
