Your review rights
Client fact sheet
If you disagree with an internal review decision made by the Department of Defence under the Freedom of
Information  Act  1982  (Cth)  (FOI  Act),  you  can  apply  to  the  Office  of  the  Australian  Information
Commissioner  (OAIC)  for  an  external  review  by  the  Information  Commissioner.  You  can  also  apply  for
external review if a decision has not been made within the statutory timeframe.
External review
Who will conduct the review?
The Information Commissioner is an independent
Staff of the Information Commissioner will conduct
office holder who can review the decisions of
the review. Only the FOI Commissioner,  the
agencies under the FOI Act.
Australian  Information  Commissioner  or  their
delegate can make a decision at the end of the
Do I have to pay?
review.
No. The Information Commissioner's review is free.
Does the Information Commissioner have to
review my matter?
How do I apply?
You must apply in writing and you can lodge your
No. The Information Commissioner may decide not
to review an application that is frivolous,
application in one of the following ways:
misconceived or lacking in substance, or if you fail to
Online:
www.oaic.gov.au
cooperate with the process or cannot be contacted
after reasonable attempts.
Email:
xxxxx@xxxx.xxx.xx
Alternatively the Information Commissioner may
An application form is available on the website at
decide that the Administrative Review Tribunal
www.oaic.gov.au. Your application should include a
(ART) would be better placed to review the matter,
copy of the decision that you  are objecting to (if
and  if  so,  will  advise  you  of  the  procedure
one was provided), and your contact details. You
for applying to the ART. This will not be common.
should also identify  the aspects of the decision you
are seeking reviewed, as well as why you disagree
Can I withdraw my application?
with the decision.
Yes. An application can be withdrawn at any time
before the Information Commissioner makes a
Can I get help in completing the application?
decision.
Yes. The Information Commissioner's staff are
available to help you with your application if anything
What happens in the review process?
is unclear and can be contacted on 1300 363 992.
The  review  process  is  designed  to  be
as
informal
as
possible.
The
When do I have to apply?
Information  Commissioner  may  contact  you
If you are objecting to a decision to refuse access
or  any  of  the  other  parties  to  clarify  matters
to documents  you  must  apply  to  the
and  seek  more information.  The Information
Information Commissioner within 60 days of being
Commissioner  may  also  ask  the  agency  to
given  notice  of  the  decision  (or  60  days  of  the
provide  reasons  for  their  decision  if  the
statutory timeframe expiring).
reasons given were inadequate.
You can ask the Information Commissioner for an
Most reviews will be made  on the basis of the
extension  of  time  to  apply,  and  this  may  be
submissions and papers provided by the parties.
granted  if  the
Information
Commissioner
The  Freedom  of  Information  Commissioner  has
considers
it
is
reasonable
in
the
issued  Directions  as  to  the  procedures  to  be
circumstances.
followed in all IC reviews.

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Can someone else represent me?
What decisions can the Information
Yes, including a lawyer. However, the Information
Commissioner make?
Commissioner prefers the process to be as informal
After  reviewing  a  decision,  the  Information
and cost-effective as possible and does not
Commissioner must do one of three things:
encourage legal representation.
•
set  the  decision  aside  and  make  a  fresh
Wil  the Information Commissioner look at the
decision;
searches conducted to identify documents
•
affirm the decision; or
captured by the request?
•
vary the decision.
Yes. The Information Commissioner's review is a
The Information Commissioner wil  give reasons for
fresh decision, so all the relevant material must be
the decision.
examined, including details of searches conducted
by an agency to establish if documents exist.
Will the decision be made public?
Developments that have occurred since the original
Yes.  The  AustLII  website  provides  a
decision may also be considered.
comprehensive  database  search  service  of
Information Commissioner review decisions.
What powers does the Information
Commissioner have?
What can I do if I disagree with the
While the review process is designed to be informal,
Information Commissioner's review decision?
the Information Commissioner has formal powers to
You can appeal to the Administrative Review
require anyone to produce information or documents,
Tribunal (ART). The Information Commissioner will
to compel anyone to attend to answer questions and
not be a party to those proceedings. There is a fee
to take an oath or affirmation that their answers will
for lodging an ART application, although there are
be true.
exemptions for health care and pension concession
An agency can also be ordered to undertake further
card holders and the ART can waive the fee on
searches for documents.
financial hardship grounds. Further information can
be found on their website www.art.gov.au.
Making a complaint
You may make a complaint to the Information Commissioner about how Defence has handled your request.
The complaint needs to be in writing and lodged in one of the ways indicated above under the heading ‘How do I
apply’. A complaint is handled by the OAIC separately to an application for external review.
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