ATTACHMENT A
SCHEDULE OF DOCUMENTS RELEVANT TO FOI REQUEST No. 16/97
Document
Date of
No. of
Description of Document
Decision
No.
Document
Pages
1
April 2015
784
Scoping study
Exempt in full under s34 (Cabinet documents).
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Department of Finance
ATTACHMENT B
Freedom of Information – Your Review Rights
If you disagree with the decision made by the Department of Finance (Finance) 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 ful access, if you have been
informed that there will be a charge for processing your request, if you have made a contention
against the release of documents that has not be agreed to by the Department, or if your
application to have your personal information amended was not accepted. There are two ways you
can ask for review of a decision: internal review by Finance, or external review by the Australian
Information Commissioner.
Internal Review
decisions (s 54M(2)(a)), refusals to extend the
If Finance makes an FOI decision that you
period for applying for internal review under
disagree with, you can ask Finance to review
s 54B (s 54L(2)(c)), and agency internal review
its decision. The review will be carried out by
decisions under s 54C (ss 54L(2)(b) and
a different agency officer, usually someone at
54M(2)(b)).
a more senior level. There is no charge for
internal review.
If you are objecting to a decision to refuse
You must apply within 30 days of being
access to documents, impose a charge or
notified of the decision, unless Finance
refuse to amend a document, you must apply
agrees to extend the application time. You
to the IC within 60 days of being given notice
should contact Finance if you wish to seek an
of the decision. If you are objecting to a
extension.
decision to grant access to another person,
Finance is required to make a review decision
you must apply within 30 days of being
within 30 days. If Finance does not do so, the
notified of that decision.
original decision is considered to be affirmed.
Do I have to go through Finance’s internal
How to apply for internal review
review process first?
You must apply in writing and should include
No. You may apply directly to the IC.
a copy of the notice of the decision provided
However, going through Finance’s internal
and the points you are objecting and why.
review process gives Finance the opportunity
You can lodge your application in writing
to reconsider its initial decision, and your
through one of the contact details provided
needs may be met more quickly without
at the end of this document.
undergoing an external review process.
Review by the Australian Information
Do I have to pay?
Commissioner (IC)
No. Review by the IC is currently free.
The IC is an independent office holder who
can review the decisions of agencies and
ministers under the FOI Act. The IC can
review access refusal decisions (s 54L(2)(a) of
the FOI Act), access grant
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Department of Finance
How do I apply?
Ombudsman wil consult the Commissioner
to avoid the same matter being investigated
You must apply for IC review in writing and
twice. If the Ombudsman decides not to
you can lodge your application in one of the
investigate the complaint, then they are to
fol owing ways:
transfer all relevant documents and
information to the IC.
Post: Office of the Australian Information
The IC can also transfer a complaint to the
Commissioner
Ombudsman where appropriate. This could
GPO Box 2999
occur where the FOI complaint is only one
CANBERRA ACT 2601
part of a wider grievance about an agency’s
Email: xxxxxxxxx@xxxx.xxx.xx
actions. It is unlikely that this wil be
Fax: 02 9284 9666
common. You wil be notified in writing if
In person:
Level 3
your complaint is transferred.
175 Pitt Street
Applications to the Ombudsman should be
SYDNEY NSW 2000
directed to the fol owing address:
An electronic application form is also
Post: Commonwealth Ombudsman
available on the OAIC’s website
PO Box 442
(www.oaic.gov.au). Your application should
CANBERRA ACT 2601
include a copy of the notice of the decision
Phone: 02 6276 0111
that you are objecting to (if one was
1300 362 072
provided), and your contact details. You
should also set out why you are objecting to
Finance FOI contact details
the decision.
FOI Coordinator
Legal Services Branch
Making a complaint
Department of Finance
One Canberra Avenue
You may make a written complaint to the IC
FORREST ACT 2603
about actions taken by Finance in relation to
Phone: 02 6215 1783
your application. However, if you are
Email: xxx@xxxxxxx.xxx.xx
complaining that a Finance decision is wrong,
Website: www.finance.gov.au/foi/foi.html
it is treated as an application for review. For
further information, s
ee FOI fact sheet 13 –
Freedom of Information: How to make a
complaint.
When can I go to the Administrative Appeals
Tribunal (AAT)?
Under the FOI Act, you must seek external
review through the IC prior to applying to the
AAT for such a review. The fee for lodging an
AAT application is currently $884 (from 1 July
2016), although there are exemptions for
health care and pension concession card
holders and the AAT can waive the fee on
financial hardship grounds.
Investigation by the Ombudsman
The Commonwealth Ombudsman can also
investigate complaints about action taken by
agencies under the FOI Act. However, if the
issue complained about either could be or
has been investigated by the IC, the
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Department of Finance
