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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
Will 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 will 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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