Date: Thu, 22 May 2025 00:08:28 +0000 Subject: Re: OAIC – Response Required by 5 June 2025 - MR25/00329 -Your Information Commissioner review application about the Department of Finance [SEC=OFFICIAL] From: MatureData <[FOI #12855 email]> To: OAIC - FOI DR <[email address]> ************************************************************************** CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe. ************************************************************************** Dear OAIC - FOI DR, I no longer require an IC review Yours sincerely, MatureData -----Original Message----- Our reference: MR25/00329 Agency reference: FOI 24-25/086, FOI 24-25/097 Applicant: Mature Data By email: [1][FOI #12855 email] Respondent: Department of Finance Your Information Commissioner review application Good morning Mature Data, On 13 December 2024, you made a Freedom of Information request to the respondent referenced at the top of this email. On 20 February 2025, you applied for Information Commissioner review (IC review). This was because you indicated you were unhappy with the FOI decision. On 09 May 2025, the Department of Finance notified the Office of the Australian Information Commissioner (OAIC) that it has now provided you with a decision. As you have now received a decision, the reason for your IC review application appears to be resolved. What we need from you by close of business 5 June 2025: o If the decision has satisfied your request and you no longer require an IC review, please reply to this email stating ‘I no longer require an IC review’. o If you wish to proceed with your IC review application, you must tell us which parts of the decision you disagree with and why. Specifically: o what documents you think are missing that relate to your request o which exemptions/redactions you disagree with Participation in IC review process: You are required to comply with the [2]Direction as to certain procedures to be followed by applicants in Information Commissioner reviews. 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, the Information Commissioner may in some cases decide not to undertake or continue to undertake an IC review. The Direction specifically states: o An applicant or nominated representative must advise the OAIC if there are any changes to their contact details as soon as it is possible to do so. The IC may decide not to undertake a review, or not continue to undertake a review, if the applicant or their nominated representative cannot be contacted after making reasonable attempts (s 54W(a)(iii)) [2.13] o An application for IC review should also: o identify the parts of the decision the applicant wants the Information Commissioner to review o state why the applicant disagrees with the agency’s or minister’s decision o identify which documents the applicant considers have been wrongly refused or which exemptions have been incorrectly applied o if the FOI request has been refused on the ground that it would substantially or unreasonably divert an agency’s resources or interfere with the performance of a minister’s functions (ss 24 and 24AA) – specify the reasons why the applicant believes the FOI request would not have this impact [2.16] o A revised decision does not automatically conclude the IC review, and the revised decision becomes the decision under review (s 55G(2)(b)). The OAIC will generally consult the IC review applicant as to whether they want to continue the IC review on the basis of the revised decision. 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] o 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 [2.22] o During an IC review, applicants will be given a reasonable opportunity to present their case. This generally includes having the opportunity to comment on relevant, adverse information provided to the OAIC by other parties [2.26] o The OAIC expects that applicants and agencies will engage with the IC review process, with respect and courtesy [2.23] As such, if you do not provide the information we need for the IC review application by 5 June 2025, we intend to close your IC review application. Assistance If you are unable to respond by 5 June 2025, you must request more time at the earliest opportunity and no later than 3 June 2025. Requests for more time must explain why you need more time, and you must tell us when you will be able to provide a response. Please note: You can withdraw an IC review application at any time by sending us an email. There is no penalty if you do this. You can also lodge a new FOI request to the respondent at any time. If you require assistance regarding this email, please contact us at [3][email address]. Please quote the reference at the top of this email in all correspondence. Kind regards [4][IMG] Rachel McCormack A/g Assistant Director | Early Resolution FOI Case Management Branch Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001 | [5]oaic.gov.au 1300 363 992 | [6][email address] [7][IMG] | [8][IMG] | [9][IMG] | [10]Subscribe to OAICnet newsletter The OAIC has revised its IC review procedure directions from 1 July 2024. For more information, including new resources to assist applicants and respondents, see our webpage: [11]Information Commissioner reviews. 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. [12]Subscribe to Information Matters Notice: The information contained in this email message and any attached files may be confidential information, and may also be the subject of legal professional privilege. If you are not the intended recipient any use, disclosure or copying of this email is unauthorised. If you received this email in error, please notify the sender by contacting the department's switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra time) and delete all copies of this transmission together with any attachments. References Visible links 1. mailto:[FOI #12855 email] 2. https://www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-government-agencies/information-commissioner-reviews/direction-as-to-certain-procedures-to-be-followed-by-applicants-in-information-commissioner-reviews 3. mailto:[email address] 4. https://www.oaic.gov.au/ 5. https://www.oaic.gov.au/ 6. mailto:[email address] 7. http://www.facebook.com/OAICgov 8. https://www.linkedin.com/company/office-of-the-australian-information-commissioner 9. https://twitter.com/OAICgov 10. https://www.oaic.gov.au/media-and-speeches/enews 11. https://www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-government-agencies/information-commissioner-reviews 12. https://www.oaic.gov.au/engage-with-us/networks/information-matters ------------------------------------------------------------------- Please use this email address for all replies to this request: [FOI #12855 email] This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at: https://www.righttoknow.org.au/help/officers Please note that in some cases publication of requests and responses will be delayed. If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page. -------------------------------------------------------------------