Date: Mon, 05 Jan 2026 03:13:30 +0000 Subject: Re: OAIC - CP26/00019 - Your FOI complaint about the Commonwealth Ombudsman [SEC=OFFICIAL] From: Eilidh <[FOI #13975 email]> To: OAIC - FOI DR <[email address]> ************************************************************************** CAUTION: This email originated from outside of the organisation. Do not click links or open attachments unless you recognise the sender and know the content is safe. ************************************************************************** OAIC reference: CP26/00019 Agency reference: FOI-2025-80163-IR Dear Alex, Thank you for your email. I tried to apply for IC review using the online portal several times in December 2025 but the portal was not functioning properly. In particular, when I tried to submit my IC review application, on each occasion, the portal would stall indefinitely at the last page and the submission attempt would time out. I tried again to do submit an IC review today and the same thing happened. I think there might be a problem with the IC review application portal form that might need to be reviewed by the OAIC. Request 1 May I kindly request that you help me register my IC review application in respect of Tin-Yan Wong's internal review decision (FOI-2025-80163-IR) dated 23 December 2025 because I am having technical difficulties doing so? You have my personal details (i.e. my name and my contact address). My reasons for seeking IC review are recorded here: https://www.righttoknow.org.au/request/submissions_to_senate#comment-3628 Once you have registered the IC review in respect of Tin-Yan Wong's internal review decision (FOI-2025-80163-IR) dated 23 December 2025, would you please provide me with the IC review reference? Request 2 Since I am having trouble lodging an IC review application using the OAIC's online form, may I also ask that you help me register an IC review of a refusal decision deemed to have been made by the principal officer of the Australian National University? By way of background, on 5 November 2025, under the FOI Act I applied for access to: i) the correspondence dated 23 December 2020, from Julie Bishop to Professor Tregear, referred to at paragraph 42 of Professor Tregear's submissions, and ii) any and all correspondence from the Senate's Education and Employment Committee, or the secretariat of that committee, inviting comments from the ANU or Ms Bishop to the critical or adverse reflections set out in Professor Tregear's submissions, and iii) any and all correspondence to or from Julie Bishop in relation to any correspondence from the Senate's Education and Employment Committee, or the secretariat of that committee, inviting comments from the ANU or Ms Bishop to the critical or adverse reflections set out in Professor Tregear's submissions. The FOI request to the ANU was sent through Right to Know: https://www.righttoknow.org.au/request/submissions_to_senate_2#outgoing-28859 On 5 December 2025, an official at the ANU asked me for an extension of time: https://www.righttoknow.org.au/request/submissions_to_senate_2#incoming-44743 I agreed to an extension of time until 12 December 2025: https://www.righttoknow.org.au/request/submissions_to_senate_2#outgoing-29128 No decision has been provided in relation to my request and, therefore, it is deemed under the FOI Act to have been personally denied by the principal officer of the ANU. The ground for IC review of my request of 5 November 2025 to the ANU is that a deemed refusal decision was made on 12 December 2025. You have my personal details (i.e. my name and my contact address). Once you have registered the IC review in respect of the deemed refusal decision by the principal officer of the ANU, would you please provide me with the IC review reference? I thank you in advance for assisting me lodge IC reviews in relation to: 1. the internal review decision made by Tin-Yan Wong on 23 December 2025; and 2. the deemed refusal decision made by the principal officer of the ANU on 12 December 2025. Once the IC review request are registered, feel free to close complaint CP26/00019. Please also relay my concerns about the technical problems that I have experienced trying to submit IC review requests to the relevant team in the OAIC. Yours sincerely, Eilidh -----Original Message----- Our reference: CP26/00019 Agency reference: FOI-2025-80163-IR Eilidh Wallace By email: [FOI #13975 email] Your FOI complaint about the Commonwealth Ombudsman Dear Eilidh, The Office of the Australian Information Commissioner (OAIC) has received your complaint made under s 70 of the Freedom of Information Act 1982 (Cth) (FOI Act) about the Commonwealth Ombudsman (the Agency). You have advised that: • You made a request to the Agency for access to documents under the FOI Act. • You disagree with the decision made by the Agency. • You wish to complain about the reasons for this decision. Option of Information Commissioner review Where you disagree with a decision made by an agency under the FOI Act and wish to receive the requested documents, we recommend that you apply for [1]Information Commissioner review (IC review) rather than make an FOI complaint. If you do this, the FOI Act gives the OAIC power to review the decision and can result in further documents being released in relation to your request. You may apply for IC review using our online application form, available here: [2]Apply for an Information Commissioner review | OAIC. FOI complaints Complaints generally focus on how an agency has handled your FOI request or complied with other obligations under the FOI Act, rather than the decision itself. Where the Information Commissioner decides to investigate a complaint, outcomes are limited to the Commissioner making recommendations to the agency about how it should improve its FOI compliance. Outcomes do not include obtaining access to documents in response to your FOI request. Information about the complaints process is available at: [3]How we handle a freedom of information complaint | OAIC. Under s 73(b) of the FOI Act, the Commissioner may decide not to investigate a complaint if the complainant has, or had, a right to have the action reviewed by the agency, a court or a tribunal, or by the Information Commissioner under Part VII of the FOI Act and has not exercised that right when it would be reasonable to do so. As the issue you have complained about could be more appropriately dealt with under the IC review process, I intend to recommend to the Commissioner that your complaint be declined under s 73(b) of the FOI Act, on the basis that you have not applied for IC review of the Agency’s decision when it would be reasonable for you to do so. Next steps 1. If you wish to apply for IC review of the Agency’s decision (because you disagree with the decision), please apply using our online IC review application form, available at: [4]Apply for an Information Commissioner review | OAIC. 2. Please advise whether you wish to withdraw your FOI complaint. If not, please provide a response explaining why you wish to continue with your complaint. If the OAIC does not receive a response from you by 12 January 2026, we may finalise your complaint under s 73(b) of the FOI Act and will notify you of your review rights. Regards, Alex [5]A blue Intake and Eligibility Branch background with white Office of the Australian Information Commissioner text AI-generated Sydney | GPO Box 5288 Sydney NSW 2001 content may be incorrect. P: 1300 363 992 W: [6]Enquiry form 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. [7]Subscribe to Information Matters Notice: The information contained in this email message and any attached files may be confidential information, and may also be the subject of legal professional privilege. If you are not the intended recipient any use, disclosure or copying of this email is unauthorised. 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References Visible links 1. https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-information-reviews/information-commissioner-review 2. https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-information-reviews/information-commissioner-review 3. https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-information-complaints/how-we-handle-an-foi-complaint 4. https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-information-reviews/information-commissioner-review 5. https://www.oaic.gov.au/ 6. https://webform.oaic.gov.au/prod?entitytype=Enquiry&layoutcode=EnquiryWF 7. https://www.oaic.gov.au/engage-with-us/networks/information-matters ------------------------------------------------------------------- Please use this email address for all replies to this request: [FOI #13975 email] This request has been made by an individual using Right to Know. 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