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
If Defence makes an FOI decision that you
Department of Defence
disagree with, you can ask Defence to review its
CP1‐6‐001
decision. Generally the review will be conducted
PO Box 7910
by the FOI Directorate, however in some
CANBERRA BC
ACT 2610
instances it will be referred to the area that
made the decision, but it will be conducted by
someone at a more senior level. There is
NO
External Review
charge for internal review.
Do I have to go through the Defence’s internal
You must apply within 30 days of being notified
review process first?
of the decision, unless you have sought an
No. You may apply directly to the Information
extension from Defence.
Commissioner. However, going through the
Defence internal review process gives Defence
Defence
must make a review decision within 30
the opportunity to reconsider its initial decision
days. Where Defence has not met its review
and your concerns will most likely be addressed
obligation, you may then approach the
more quickly, without undergoing an external
Information Commissioner.
review process.
Internal review is not available if the Minister or
When can I go to the Administrative Appeals
the principal officer of the agency made the
Tribunal (AAT)?
decision personally.
Under the revised FOI Act, you must seek
How to apply for internal review
external review through the Information
Commissioner prior to applying to the AAT for
You must apply in writing and should include a
such a review.
copy of the notice of the decision provided and
the points to which you are objecting and why.
Making a complaint
You can lodge your application in one of the
You may make a complaint to the Information
following ways:
Commissioner about actions taken by Defence
in relation to your application. The complaint
Email: xxx@xxxxxxx.xxx.xx
needs to be in writing.
Fax: +61 2 626 62112
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 FOI 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 FOI contacts
Freedom of Information Directorate
Department of Defence
CP1‐6‐001
PO Box 7910
CANBERRA BC
ACT 2610
Ph: +61 2 626 62200
Fax: +61 2 626 62112
Email: xxx@xxxxxxx.xxx.xx
Website: www.defence.gov.au/foi
