RIGHTS WITH RESPECT TO REVIEW OF DECISIONS MADE BY
THE RESERVE BANK OF AUSTRALIA UNDER
THE FREEDOM OF INFORMATION ACT 1982
Review of the Bank’s decision may be sought by making application to the Principal Officer of the
Bank (internal review), the Information Commissioner, the Administrative Appeals Tribunal, the
Federal Court of Australia, or the Ombudsman. Further information appears below. It should be
noted that it is a summary and does not set out, in detail, all the possible combinations of
procedures:
1.
Internal Review
An internal review of the Bank’s decision may be sought in terms of section 54B of the
Freedom of Information Act (the Act). The application for internal review should be made
within 30 days or such further period as the Bank allows after the day on which this decision
is notified to you. An application for review must be in writing and addressed to the
Governor, Reserve Bank of Australia. The application can be posted to GPO Box 3947, Sydney
NSW 2001,
or submitted via e-mail to
xxxxxxxx@xxx.xxx.xx, or delivered in person to the
Bank’s offices at 65 Martin Place. No particular form is required, but it is desirable to set out
in the application the grounds on which you consider that the decision should be reviewed.
Any queries you may have concerning an application for internal review should be directed to
the Secretary, Secretary’s Department, Reserve Bank of Australia. Queries can be submitted
by post to GPO Box 3947, Sydney, NSW, 2001
or submitted via e-mail to
xxx@xxx.xxx.xx, or
by phone: (02) 9551 9710.
The person conducting the internal review will make a fresh decision of the Bank
(section 54C(3)).
The findings on questions of fact and the reasons for the Bank’s decision following the
internal review will be given at the time of notification of the Bank’s decision. In accordance
with section 26 of the Act, where the Bank’s decision refuses access or defers access to
documents, notification of the decision must state the findings on questions of fact and state
reasons for the decision.
2.
Review by the Information Commissioner
A review of a decision to deny access to a document (or part of a document) can be sought by
application to the Information Commissioner in terms of section 54N of the Act.
3.
Review by the Administrative Appeals Tribunal
Decisions of the Information Commissioner, made under sections 55K or 54W(b), can be
appealed to the Administrative Appeals Tribunal, in terms of section 57A of the Act.
The Administrative Appeals Tribunal has power in terms of section 58 of the Act to review the
decision of the Bank in respect of the request made under the Act and to decide any matter
in relation to the request. The decision of the Administrative Appeals Tribunal has the same
effect as a decision of the Bank.
2.
4.
Review by the Federal Court of Australia
Review may be sought pursuant to section 11 of the
Administrative Decisions (Judicial
Review) Act 1977.
Subject to any extension granted by the Court, application must be made within 28 days from
the date of receipt of a notice of decision (section 11(3)(a) of the Administrative Decisions
(Judicial Review) Act).
An application for review must be made in such manner as is prescribed by the Rules of Court
of the Federal Court of Australia or the Federal Circuit Court of Australia (whichever is
applicable) and must set out the grounds on which the Application is made, consistent with
section 11(1) of the Administrative Decisions (Judicial Review) Act.
5.
Complaints to Ombudsman
A person may complain to the Ombudsman at any time about action taken by the Bank in the
exercise of powers or the performance of functions under the Act (section 5 of the
Ombudsman Act 1976 and section 89F of the Act.)
6.
Non-English speaking persons may request the Bank to have this statement of rights
interpreted in their first language.