Decision not to continue to undertake an IC review under s 54W(c) of
the Freedom of Information Act 1982
IC review applicant
Brutus
Respondent
Attorney-General's Department
Decision date
1 August 2025
OAIC reference number
MR23/01213
Agency reference number
FOI23/469
Decision
1. I refer to the application made by Brutus (the applicant) for Information
Commissioner review (IC review) of a deemed refusal decision made by the
Attorney-General's Department (The Department) on 3 October 2023 under the
Freedom of Information Act 1982 (Cth) (the FOI Act).
2. The Department subsequently issued substantive reasons in response to the
applicant’s request on 5 April 2024.
3. As a delegate of the Information Commissioner, I am authorised to make decisions
under s 54W(c) of the FOI Act.
4. The Office of the Australian Information Commissioner (OAIC) has not received a
response from the applicant to our correspondence of 16 July 2025. As a delegate of
the Information Commissioner, I have decided not to continue to undertake a
review of this IC review under s 54W(c) of the FOI Act. My reasons follow.
Discretion not to continue to undertake an IC review
5. Under s 54W(c) of the FOI Act, the Information Commissioner may decide not to
undertake a review, or not to continue to undertake a review, if the IC review
applicant fails to comply with a direction of the Information Commissioner.
6. The Direction as to certain procedures to be followed by applicants in Information
Commissioner reviews issued by the Australian Information Commissioner under
s 55(2)(e)(i), provides:
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
link to page 2
[2.22] 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. Requests for
more time must explain the exceptional circumstances that necessitate additional
time and propose a new date for response. Approval of an extension request is at the
discretion of the OAIC
.1
7. 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.
8. In deciding whether to exercise the discretion not to undertake a review, I have
considered:
• On 5 April 2024, the Department notified the OAIC that it had issued substantive
reasons in response to the applicant’s request, which provided that that
Department was satisfied that no documents exist, or can be found, relevant to
the applicant’s request (s 24A).
• On 16 July 2025, the OAIC contacted the applicant to apologise for the delay in
progressing the IC Review and asked the applicant to confirm they wished to
proceed with the IC review in light of the Department’s substantive decision. In
this correspondence, the OAIC notified the applicant that in the absence of a
response from them by 30 July 2025, the 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 date.
9. In light of the above, it does not appear that reviewing this matter will promote the
objects of the FOI Act.
10. As a delegate of the Information Commissioner, I have decided to exercise my
discretion to decide not to continue to undertake an IC review of the Department’s
decision under s 54W(c) of the FOI Act.
11. I confirm that this IC review is now closed. The applicant’s review rights are set out
below.
12. If either party would like to discuss this matter, please contact us by email at
xxxxx@xxxx.xxx.xx. In all correspondence, please quote MR23/01213.
1
Direction as to certain procedures to be followed by applicants in Information Commissioner reviews | OAIC
[2.22]. See also Part 3.
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Yours sincerely
Tania Strathearn
Director
Freedom of information Branch
1 August 2025
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link to page 4
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 at
http://www.fedcourt.gov.au/.
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 at
http://www.ombudsman.gov.au. Accessing your information
If you would like access to the information that we hold about you, please contact
xxxxx@xxxx.xxx.xx. More information is available on the
Access our information2 page on
our website.
2
www.oaic.gov.au/about-us/access-our-information/.
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