Attachment B
Freedom of information – Your review rights
If you disagree with the decision made by Defence Housing Australia (DHA) under the
Freedom of
Information Act 1982 (the 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 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 DHA and/
or external review by the Australian Information Commissioner.
Internal review
Post: Company Secretary
Defence Housing Australia
If DHA makes an FOI decision with which you
26 Brisbane Avenue
disagree, you can ask DHA to review its decision.
BARTON
ACT 2600
The review will be conducted by a DHA officer at
a more senior level than the original decision
Email: xxx@xxx.xxx.xx
maker. There is
NO charge for internal review.
You must apply within 30 days of being notified
of the decision, unless you have sought an
External Review
extension from DHA.
Do I have to go through DHA’s internal review
process first?
DHA
must make a review decision within 30
days. Where DHA has not met its review
No. You may apply directly to the Information
obligation, you may then approach the
Commissioner. However, going through DHA’s
Information Commissioner.
internal review process gives DHA the
opportunity to reconsider its initial decision and
Internal review is not available if the Minister or
your concerns will most likely be addressed
the principal officer of the agency made the
more quickly, without undergoing an external
decision personally.
review process.
When can I go to the Administrative Appeals
Tribunal (AAT)?
How to apply for internal review
Under the revised Act, you must seek external
You must apply in writing and should include a
review through the Information Commissioner
copy of the notice of the decision provided and
prior to applying to the AAT for such a review.
the points to which you are objecting and why.
You can lodge your application in one of the
Making a complaint
following ways:
You may make a complaint to the Information
Commissioner about actions taken by DHA in
relation to your application. The complaint
needs to be in writing.
Contacting the Information Commissioner Further information about the external review process or how to make a complaint to the Information
Commissioner is available at the following:
Online: www.oaic.gov.au Post: GPO Box 2999, Canberra ACT 2601 Fax: +61 2 9284 9666 Email: xxxxxxxxx@xxxx.xxx.xx
Investigation by the Ombudsman
The Commonwealth Ombudsman can also investigate complaints about action taken by agencies under
the Act. However, if the issue complained about either could be or has been investigated by the
Information Commissioner, the Ombudsman will consult the Information Commissioner to avoid the same
matter being investigated twice. If the Ombudsman decides not to investigate, the complaint, then all
relevant documents and information must be transferred to the Information Commissioner.
The Information Commissioner can also transfer to the Ombudsman a complaint that could more
appropriately be investigated by the Ombudsman. This could occur where the FOI complaint is only one
part of a wider grievance about an agency’s actions. It is unlikely that this will be common. You will be
notified in writing if your complaint is transferred.
Defence Housing Australia FOI contacts
Defence Housing Australia
26 Brisbane Avenue
BARTON ACT 2600
Ph: +61 2 6217 8401
Email: xxx@xxx.xxx.xx
Website: www.dha.gov.au