Your review rights
Fact sheet
If you disagree with the decision made by the Department of Defence or the Minister under the
Freedom of Information Act 1982 (the FOI Act), you can ask for the decision to be reviewed. You
may want to seek review if you sought certain documents and were not given full access, if you have
been informed that there wil be a charge for processing your request, if your application to have
your personal information amended was not accepted or your comments in response to formal
consultation were not accepted.
There are two ways you can ask for review of a decision: internal review by Defence, or external
review by the Australian Information Commissioner.
Internal review
External review
If Defence makes an FOI decision that you disagree
Do I have to go through the Defence’s internal
with, you can ask Defence to review its decision.
review process first?
The review wil be conducted independently to FOI
Case Management. There is
NO charge for internal
No. You may apply directly to the Information
review.
Commissioner, within
60 days of receiving your
decision. However, going through the Defence
You
must apply within
30 days of being notified of
internal review process gives Defence the opportunity
the decision, unless you have sought an extension
to reconsider its initial decision and your concerns will
from Defence. An extension may be granted if
most likely be addressed more quickly, without
adequate reasons for the extension are supplied.
undergoing an external review process.
Defence
must make a review decision within
30
When can I go to the Administrative Review
days. Where Defence has not met its review
Tribunal (ART)?
obligation, you may then approach the Information
Under the FOI Act, you must seek external review
Commissioner.
through the Information Commissioner prior to
applying to the ART for such a review.
Internal review is not available if the Minister or the
principal officer of the agency made the decision
Making a complaint
personal y.
You may make a complaint to Defence or the Office
How to apply for an internal review
of the Information Commissioner about actions taken
You must apply in writing and should include a copy
by Defence in relation to your application. The
of the notice of the decision provided and the points
complaint needs to be in writing.
to which you are objecting and why.
You can lodge your application in one of the
Information Commissioner
following ways:
Further information about the external review
Email: xxxxxxxxx@xxxxxxx.xxx.xx
process, how to make a complaint, or submit a review
to the Information Commissioner is available:
Post: FOI Directorate
Department of Defence
Online: www.oaic.gov.au
R1-5-A Russel Offices
Webform: Information Commissioner Review
PO Box 7910
Application form
CANBERRA BC ACT 2610
Phone: +61 1300 363 992
Document Outline
