Our reference: MR25/00938
Agency reference: FOI 24/25-1232
The
respondent is: National Disability
The
applicant is: David Wright
Insurance Agency
By email: xxx@xxxx.xxx.xx
By email: foi+request-13179-
xxxxxxxx@xxxxxxxxxxx.xxx.xx
Notice of IC review application and request for documents
The Office of the Australian Information Commissioner (OAIC) has received an application for
Information Commissioner review of a decision made by Respondent (the respondent) under
the
Freedom of Information Act 1982 (the FOI Act). A copy of the IC review application and the
decision under review are attached.
The OAIC wil commence a review of the FOI decision and provides this notice under s 54Z of
the FOI Act. As part of this process:
the respondent has until
24 June 2025 to share its submission with the OAIC and the
applicant.
the respondent also has until
24 June 2025 to provide the OAIC with the information
set out in Paragraph 4.1 of Annexure A.2 of t
he Directions as to certain procedures to
be fol owed by agencies and ministers in IC reviews
Annexure A has more information for applicants about sharing submissions.
Annexure B has more information for respondents about sharing submissions.
Scope of IC review
The IC review applicant contests that further documents exist within the scope of their
request (s 24A(1)).
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
Request for information
Paragraph 4.1 of Annexure A.2 of th
e Directions as to certain procedures to be fol owed by
agencies and ministers in IC reviews sets out the information the respondent must provide
to the OAIC.1
1. Please provide the fol owing information relevant to the review, to the OAIC only:
a copy of any document that records searches conducted and the results of
the searches, including, for example:
correspondence between the FOI decision maker and individuals who
conducted searches
details of the line areas and staff who conducted searches
notes kept by individuals conducting searches including details of al
electronic and archival locations that were searched (for example,
databases, filing cabinets), date range, terms used for conducting the
searches
2. Submissions in support of the decision under review are to be sent to the applicant
at the same time they are provided to the OAIC. Please address the contentions set
out in the applicant’s request for IC review.
Respondents can comply with this notice by delivering the response to xxxxx@xxxx.xxx.xx by
24 June 2025.
Obligations during the IC review process
The obligations of the respondent during the IC review process are set out under:
ss 55D, 55DA and 55Z of the FOI Act
Part 10 th
e Guidelines issued under s 93A of the FOI Act, which agencies and
ministers must have regard to when performing a function or exercising a power
under the FOI Act
Direction as to certain procedures to be fol owed by agencies and ministers in IC
reviews issued under s 55(2)(e)(i) of the FOI Act.
1 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [A.2, 4.1]
2
The obligations of the applicant during the IC review process are set out under:
Part 10 th
e Guidelines issued under s 93A of the FOI Act
Direction as to certain procedures to be fol owed by applicants in Information
Commissioner reviews issued under s 55(2)(e)(i) of the FOI Act.
Yours sincerely
Intake and Early Resolution Team
Freedom of Information Branch
Office of the Australian Information Commissioner
3 June 2025
[Enclosed: IC review application and decision under review].
3
Annexure A: Further information for applicants
The procedure that applicants are to fol ow in IC reviews is set out i
n Direction as to certain
procedures to be fol owed by applicants in Information Commissioner reviews. The below
summarises the obligations of applicants to engage with respondents, and provide
submissions to both the OAIC and respondents.
We expect that you and the respondent engage in the IC review process with respect and
courtesy.2
Sharing submissions between you and the respondent
If respondents make a submission in support of their FOI decision, they must send their
submission to you at the same time as sending them to the OAIC. You can then make a
submission in response. You wil have 10 business days to make a submission about why you
disagree with the respondent, and you are required to send your submission to the
respondent at the same time as sending to the OAIC.3
When it sends its submission to you and the OAIC, the respondent should remind you that
you then have 10 business days to make your submission.
The OAIC wil general y proceed with making an IC review decision on the basis of the
evidence respondents provide in response to this notice, and any submissions the parties
make. If you do not make submissions when an opportunity to do so has been provided, the
OAIC may make a final decision without giving any further opportunity to make
submissions.4
You can ask the OAIC to make a submission in confidence. Your request must give reasons
why you want to make a confidential submission and the OAIC wil consider those reasons
and decide whether to accept the submission on a confidential basis. If the OAIC agrees to
treat a submission confidential y, you wil general y be required to provide a second version
of the submission which can be shared.5
2 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.23]
3 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.27]
4 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.28]
5 Direction as to certain procedures to be followed by applicants in Information Commissioner reviews [2.30]
4
Annexure B: Further information for respondents
The procedure that respondents are to fol ow in IC reviews is set out i
n Direction as to certain
procedures to be fol owed by agencies and ministers in IC reviews. The below summarises
the obligations of respondents to provide submissions to both the OAIC and applicants.
We expect that applicants and respondents wil engage in the IC review process with respect
and courtesy.6
Sharing submissions between the respondent and applicant
If respondents make submissions in support of their FOI decisions, they must send their
submissions to applicants at the same time as sending them to the OAIC.7 Respondents
should include prominent reminders in covering correspondence that applicants wil have
10 business days from the date of receiving the correspondence to make submissions.
Applicants wil be required to send their submissions to respondents at the same time as
they are sent to the IC.8
Respondents should be aware that if they do not make submissions when an opportunity to
do so has been provided, reviews may proceed to a decision under s 55K of the FOI Act
without any further opportunity to make submissions. Respondents should not expect the
opportunity for further submissions. Any request for extensions of time should only be made
where exceptional circumstances can be demonstrated. This is because extensions of time
wil only be granted in exceptional circumstances.9
The OAIC wil not accept submissions in confidence without a prior request. Any request for
confidentiality must be accompanied by reasons to support such a claim, including whether
the submission would reveal the contents of the documents at issue. Where the OAIC accepts
a submission in confidence, respondents must provide an open version of the submission to
the IC review applicant.10
6 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [2.7]
7 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
8 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.23]
9 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.24-5]
1
0 Direction as to certain procedures to be followed by agencies and ministers in IC reviews [3.26-7]
5
