ATTACHMENT B
FOI rights of review
person requesting access to
documents
YOU HAVE SEVERAL OPTIONS FOR MERITS
REVIEW OF A DECISION ON YOUR REQUEST FOR
DOCUMENTS (‘PRIMARY DECISION’):
y
you can ask IP Australia to conduct an internal review of the primary
decision (‘internal review’)
y
you can ask the Australian Information Commissioner to review the
primary decision
directly—that is, without seeking internal review
y
you can seek internal review first, and
then if you wish, you can ask the
Information Commissioner to review the internal review decision—if
you don’t agree with the internal review decision.
All of these options are
free. You just have to make your request in
writing, in the relevant time (see below). When you receive a decision
on an
internal review, you will have further time to ask the Information
Commissioner to review that decision (see below).
Internal review of primary decision
If you disagree with the primary decision on your request, you can apply
for internal review of that decision. Internal review is free.
You can apply for internal review within 30 days after being notified of the
primary decision, unless IP Australia agrees to extend that time. If you
need more time, please contact the FOI Co-ordinator as soon as you can
(see below).
Please send your application for internal review to the FOI Co-ordinator,
Information Access Unit:
y
by email to
xxx@xxxxxxxxxxx.xxx.xx
y
by fax to
02 6283 7999
y
by post to
Information Access Unit
IP Australia
PO Box 200
WODEN ACT 2606.
If you want further information about applying for internal review,
please contact the FOI Co-ordinator on 1300 65 1010 or at
xxx@xxxxxxxxxxx.xxx.xx.
TS
The internal review decision will be a fresh decision, replacing the
primary decision. The internal review decision-maker is senior to the
primary decision-maker. IP Australia must notify you of the decision on
the internal review within 30 days of your applying for internal review.
IP Australia can—if necessary—ask the Information Commissioner to
ARKS
extend that time.
NTS
ADE M
PATE
TR
DESIGNS
PLANT BREEDER’S RIGH
Robust intellectual property rights delivered efficiently
ATTACHMENT B
Merits review by the Australian Information
Commissioner (IC review)
You can apply to the Information Commissioner for IC review of
IP Australia’s
primary decision on your request. You can do this within
60 days after IP Australia gives you notice of the primary decision.
If you seek
internal review first, you can apply to the Information
Commissioner for IC review of the
internal review decision. You can do this
within 60 days after IP Australia gives you notice of the internal review
decision on your request.
In either case, you can ask the Information Commissioner for more time to
apply for IC review.
You can request IC review in writing (see contact details below), or by using
the online
merits review form, available on the
website of the Office of the
Australian Information Commissioner (OAIC). IC review is free.
If you seek IC review, IP Australia must advise any affected third party
(e.g. the trade mark applicant): see subsection 54P(2) of the
Freedom
of Information Act 1982 (FOI Act). That third party can take part in the
IC review: see paragraph 55A(1)(c) of the FOI Act.
Most IC reviews will be on the basis of the submissions and papers
provided by the parties, rather than by formal hearings. The Information
Commissioner can affirm or vary IP Australia’s decision, or substitute a
new decision. The Information Commissioner may decide not to conduct a
review in certain circumstances.
Contact details for the OAIC are set out below, and further information is
available on the
OAIC’s website (www.oaic.gov.au).
Telephone—in Australia
1300 363 992
Telephone—from overseas
+ 61 2 9284 9749
TTY
1800 620 241
Translating and interpreting service
131 450
Email
xxxxxxxxx@xxxx.xxx.xx
Fax
02 9284 9666
Post
GPO Box 2999
CANBERRA ACT 2601
Making a complaint to the Australian Information
Commissioner
At any time, you can make a complaint to the Australian Information
Commissioner about how IP Australia handles your request. You can make
your complaint in writing, or by using the online
FOI complaint form. You can
make a complaint for no cost.
Contact details for the OAIC are set out above, and further information is
available on the
OAIC’s website (www.oaic.gov.au).
www.ipaustralia.gov.au