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 <xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: OAIC - FOI DR <
xxxxx@xxxx.xxx.xx>
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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
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