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 <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: OAIC - FOI DR <
xxxxx@xxxx.xxx.xx>
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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
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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
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