Reasons for decision
Material taken into account
In making my decision, I had regard to the following:
your freedom of information request dated 9 February 2018
your email of 13 February 2018
the document in issue
the FOI Act
the Guidelines issued by the Australian Information Commissioner under s 93A of
the FOI Act to which regard must be had in performing a function or exercising a
power under the FOI Act (the FOI Guidelines).
Disclosure log
Section 11C of the FOI Act requires agencies to publish documents released through an FOI
request on their websites within 10 days of release, except when the documents contain
personal or business information that it would be unreasonable to publish.
The document being released to you does not contain personal or business information that
it would be unreasonable to publish. As a result, it will be published on our disclosure log
shortly.
Yours sincerely
Brandon Chen
Investigation and Review Officer
Dispute Resolution Branch
5 March 2018
www.oaic.gov.au |
2
If you disagree with my decision
Internal review
You have the right to apply for an internal review of my decision under Part VI of the
FOI Act. An internal review will be conducted, to the extent possible, by an officer of the
OAIC who was not involved in or consulted in the making of my decision. If you wish to
apply for an internal review, you must do so in writing within 30 days. There is no
application fee for internal review.
If you wish to apply for an internal review, please mark your application for the attention of
the FOI Coordinator and state the grounds on which you consider that my decision should
be reviewed.
Further Review
You also have the right to seek review of this decision by the Information Commissioner
(IC review) and then the Administrative Appeals Tribunal (AAT).
If you wish to apply for IC review, you must do so in writing within 60 days. Your application
must provide an address (which can be an email address or fax number) that we can send
notices to, and include a copy of this letter. An application for IC review can be made in
relation to my decision, or an internal review decision.
It is the Information Commissioner’s view that it will usually not be in the interests of the
administration of the FOI Act to conduct an IC review of an FOI decision, or an internal
review decision, made by the OAIC because the Information Commissioner is the head of
the OAIC. For this reason, if you apply for IC review of my decision, it is likely that the
Information Commissioner will decide (under s 54W(b) of the FOI Act) not to undertake an
IC review on the basis that it is desirable that my decision is considered by the AAT.
Under s 57A of the FOI Act, before you can apply to the AAT for review of an FOI decision,
you must first apply for IC review and the Information Commissioner must have made a
decision under s 54W(b) of the FOI Act.
Applications for internal review or IC review can be submitted to:
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Alternatively, you may submit your application by email to xxxxx@xxxx.xxx.xx, or by fax on
02 9284 9666.
www.oaic.gov.au |
3