Freedom of Information – Your Review Rights
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 will 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
Post: Freedom of Information Directorate
Department of Defence
If Defence makes an FOI decision that you
CP1‐6‐008
disagree with, you can ask Defence to review its
PO Box 7910
decision. The review will be conducted
CANBERRA BC
ACT 2610
independently to the FOI Directorate. There is
NO charge for internal review.
External Review
You must apply within 30 days of being notified
of the decision, unless you have sought an
Do I have to go through the Defence’s internal
extension from Defence.
review process first?
No. You may apply directly to the Information
Defence
must make a review decision within 30
Commissioner, within 60 days of receiving your
days. Where Defence has not met its review
decision. However, going through the Defence
obligation, you may then approach the
internal review process gives Defence the
Information Commissioner.
opportunity to reconsider its initial decision and
your concerns will most likely be addressed
Internal review is not available if the Minister or
more quickly, without undergoing an external
the principal officer of the agency made the
review process.
decision personally.
When can I go to the Administrative Appeals
How to apply for internal review
Tribunal (AAT)?
You must apply in writing and should include a
Under the revised FOI Act, you must seek
copy of the notice of the decision provided and
external review through the Information
the points to which you are objecting and why.
Commissioner prior to applying to the AAT for
such a review.
You can lodge your application in one of the
following ways:
Making a complaint
Email: xxxxxxxxx@xxxxxxx.xxx.xx
You may make a complaint to Defence or the
Fax: +61 2 6266 2112
Office of the Information Commissioner about
actions taken by Defence in relation to your
application. The complaint needs to be in
writing and lodged in one of the ways indicated
above under the heading “How do I apply”.
Contacting the Information Commissioner Further information about the external review process is available at the following:
Online: www.oaic.gov.au Post: GPO Box 5218 SYDNEY NSW 2000 Fax: +61 2 9284 9666 Email: xxxxxxxxx@xxxx.xxx.xx
Defence FOI contacts
Freedom of Information Directorate
Department of Defence
CP1‐6‐008
PO Box 7910
CANBERRA BC
ACT 2610
Ph: +61 2 6266 4434
Fax: +61 2 6266 2112
Email: xxxxxxxxx@xxxxxxx.xxx.xx
Website: www.defence.gov.au/foi