FOI fact sheet 12
Freedom of information – Your review rights
July 2012
If you disagree with the decision of an Australian Government agency or 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 someone is to be granted access
to information that is about you, if the agency has informed you that it will impose a charge for processing
your request 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 the agency, and external review by the
Australian Information Commissioner.
Internal review
or would not address your concerns (for example,
If an agency makes an FOI decision that you
if you were not consulted about a document
disagree with, you can ask the agency to review
that contains your personal information before it
its decision. The review will be carried out by a
was released). For more i
nformation see How do I
different agency officer, usually someone at a more
make an FOI complaint?
senior level. There is no charge for internal review.
Do I have to go through the agency’s internal
You must apply within 30 days of being notified
review process first?
of the decision, unless the agency extended the
application time. You should contact the agency if
No. You may apply directly to the Information
you wish to seek an extension. The agency must
Commissioner. However, going through the
make a review decision within 30 days. If it does
agency’s internal review process gives the agency
not do so, its original decision is considered to be
the opportunity to reconsider its initial decision,
affirmed.
and your needs may be met more quickly without
undergoing an external review process.
Internal review is not available if a minister or
the chief officer of the agency made the decision
Do I have to pay?
personally.
No. The Information Commissioner’s review is
free.
Review by the Information Commissioner
The Information Commissioner is an independent
How do I apply?
office holder who can review the decisions of
You must apply in writing and you can lodge your
agencies and ministers under the FOI Act.
application in one of the following ways:
Is a review the same as a complaint?
online:
www.oaic.gov.au
No. The Information Commissioner also investigates
post:
GPO Box 5218, Sydney NSW 2001
complaints about agency actions under the FOI
fax:
61 2 9284 9666
+
Act. However, if you are complaining that an
email:
xxxxxxxxx@xxxx.xxx.xx
agency decision is wrong, it will be treated as an
in person: Level 3
application for a review. Your matter will be treated
175 Pitt Street
as a complaint when a review would not be practical
Sydney NSW 2000
FOI fact sheet 12 – Freedom of information: Your review rights
1
An application form is available on the website at
Can I withdraw my application?
www.oaic.gov.au. Your application should include
Yes. An application can be withdrawn at any time
a copy of the notice of the decision that you
before the Information Commissioner makes a
are objecting to (if one was provided), and your
decision.
contact details. You should also set out why you are
objecting to the decision.
What happens in the review process?
Can I get help in completing the application?
The review process is designed to be as informal
as possible. The Information Commissioner may
Yes. The Information Commissioner’s staff are
contact you or any of the other parties to clarify
available to help you with your application if
matters and seek more information. The Information
anything is unclear.
Commissioner may also ask the agency or minister
to provide reasons for their decision if the reasons
When do I have to apply?
given were inadequate.
If you are objecting to a decision to refuse access
Most reviews will be made on the basis of the
to documents, impose a charge or refuse to amend
submissions and papers provided by the parties.
a document, you must apply to the Information
Sometimes the Information Commissioner may
Commissioner within 60 days of being given notice
decide to hold a hearing if one of the parties
of the decision. If you are objecting to a decision
applies. Parties may participate in a hearing by
to grant access to another person, you must apply
telephone. If confidential matters are raised, the
within 30 days of being notified of that decision.
hearing may be held partly or wholly in private.
You can ask the Information Commissioner for an
extension of time to apply, and this may be granted
Will there be other parties to the review?
if the Information Commissioner considers it is
There may be. The Information Commissioner
reasonable in the circumstances.
can join other parties who are affected by the
application. For example, if you are objecting to
Who will conduct the review?
someone else being granted access to information
Staff of the Information Commissioner will conduct
that concerns you, that person may be joined in the
the review. Only the Information Commissioner, the
review.
FOI Commissioner or the Privacy Commissioner can
make a decision at the end of the review.
Can someone else represent me?
Yes, including a lawyer. However, the Information
Does the Information Commissioner have to
Commissioner prefers the process to be as informal
review my matter?
and cost-effective as possible and does not
No. The Information Commissioner may decide
encourage legal representation.
not to review an application that is frivolous,
misconceived or lacking in substance, or if you fail to
Will the Information Commissioner look at all
cooperate with the process or cannot be contacted
documents, including ones that are claimed to be
after reasonable attempts. You cannot appeal
exempt?
against that decision.
Yes. The Information Commissioner’s review is a
Alternatively the Information Commissioner may
fresh decision, so all the relevant material must be
decide that the Administrative Appeals Tribunal
examined, including documents that the agency or
(AAT) would be better placed to review the matter,
minister has declined to release. Developments that
and if so, will advise you of the procedure for
have occurred since the original decision may also
applying to the AAT. This will not be common.
be considered.
FOI fact sheet 12 – Freedom of information: Your review rights
What powers does the Information Commissioner
What can I do if I disagree with the Information
have?
Commissioner’s review decision?
While the review process is designed to be informal,
You can appeal to the AAT. The Information
the Information Commissioner has formal powers to
Commissioner will not be a party to those
require anyone to produce information or documents, proceedings. There is a fee for lodging an AAT
to compel anyone to attend to answer questions and
application, although there are exemptions for
to take an oath or affirmation that their answers will
health care and pension concession card holders,
be true.
and the AAT can waive the fee on financial hardship
grounds. For further information see
An agency or minister can also be ordered to
www.aat.gov.au/FormsAndFees/Fees.htm.
undertake further searches for documents.
What decisions can the Information Commissioner
FOI applications made before 1 November
make?
2010
After reviewing a decision, the Information
The Information Commissioner can only review an
Commissioner must do one of three things:
agency’s or minister’s FOI decision if you made your
FOI request on or after 1 November 2010. If you
• set the decision aside and make a fresh decision
made your FOI request before 1 November, even if
• affirm the decision, or
the decision was made after that date, the review
• vary the decision.
process is different.
The Information Commissioner will give reasons for
You must first ask the agency for internal review of
the decision.
the decision. You may then appeal to the AAT if you
are not satisfied with the decision.
Will the decision be made public?
The information provided in this fact sheet is of a
Yes. The Information Commissioner will publish
general nature. It is not a substitute for legal advice.
decisions on the website. Exempt material (that is,
material that is not released) will not be included.
Nor will the name of the review applicant, unless
For further information
that person requests otherwise or there is a special
telephone: 1300 363 992
reason to publish it.
email: xxxxxxxxx@xxxx.xxx.xx
write: GPO Box 5218, Sydney NSW 2001
or visit our website at www.oaic.gov.au
FOI fact sheet 12 – Freedom of information: Your review rights
