Directorate of Freedom of Information
Fact Sheet – Applicant Review Rights
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
by the Australian Information Commissioner.
makes an FOI decision that you Do I have to go through the Defence’s
disagree with, you can ask Defence to review its
internal review process first?
review will be
No. You may apply directly to the Information
independently to FOI Case Management.
Commissioner, within 60 days
of receiving your
There is NO
charge for internal review.
decision. However, going through the Defence
You must apply within 30 days
of being notified of
internal review process gives Defence the
the decision, unless you have sought an extension
opportunity to reconsider its initial decision and
from Defence. An extension may be granted if your concerns will most likely be addressed more
adequate reasons for the extension are supplied.
quickly, without undergoing an external review
make a review decision within 30
. Where Defence has not met its review When can I go to the Administrative Appeals
obligation, you may then approach the Information
Under the revised FOI Act, you must seek
Internal review is not available if the Minister or
external review through the Information
the principal officer of the agency made the Commissioner prior to applying to the AAT for
such a review.
How to apply for an internal review
MAKING A COMPLAINT
You must apply in writing and should include a You may make a complaint to Defence or the
copy of the notice of the decision provided and the
Office of the Information Commissioner about
points to which you are objecting and why.
actions taken by Defence in relation to your
application. The complaint needs to be in writing.
You can lodge your application in one of the
INFORMATION COMMISSIONER CONTACT
Email: [email address]
Further information about the external review
+61 2 6266 2112
process or how to make a complaint to the
Post: Freedom of Information Directorate
Information Commissioner is available:
Department of Defence
Post: GPO Box 5218 Sydney NSW 2000
PO Box 7910
+61 2 9284 9666
CANBERRA BC ACT 2610
Email: [email address]
Australia and its National Interests