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Our reference: MR24/01951
Agency reference: LEX 69522
Alan Ashmore
By email: [email address]
Your IC review application about the Department of Veterans’ Affairs
Dear Alan,
I refer to your application for IC review of a decision made by the Department of Veterans’ Affairs (the agency) on 2 December 2024.
On 11 December 2024, the Department notified the Office of the Australian Information Commissioner (the OAIC) it had partially released the requested documents under the Freedom of Information Act 1982 (Cth).
Accordingly, as a decision has now been issued by the Department, we would like to confirm whether you still require an IC review.
Can you please notify us by 8 May 2025, if you now wish to:
- Withdraw the IC review application, or
- Proceed with the IC review application.
Should you wish to proceed with the IC review application, please provide the following information by 8 May 2025:
- identify the aspect(s) of the agency or Minister’s decision about which the review is sought
- state why you disagree with the agency or Minister’s decision
- identify which documents you consider have been wrongly refused or which exemptions have been incorrectly applied
Intention to decline to continue IC review
Please note that the Commissioner’s written direction to IC review applicants provides that:
- applicants who are not satisfied with the revised decision must explain why they disagree with the revised decision and the basis on which they wish to proceed with the IC review. If the applicant does not respond to the OAIC’s correspondence, the Information Commissioner may decide not to continue to undertake the IC review (s 54W of the FOI Act) [2.25], and
- applicants must respond to enquiries from the OAIC within the period provided unless there are circumstances warranting a longer period to respond [2.22].
Section 54W(c) of the FOI Act provides that the Information Commissioner may decide not to undertake, or continue to undertake, an IC review where an applicant fails to comply with a direction of the Information Commissioner.
Should we not receive a response from you to this email by 8 May 2025, your IC review application will be finalised by a delegate of the Information Commissioner under s 54W(c).
If you have any questions regarding this email please contact us via email at [email address]. Please quote the OAIC reference number at the top of this email in all correspondence.
Kind regards,
Annette Cole
Assistant Director, Early Resolution
FOI Case Management
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
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