Your review rights
Client fact sheet
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
External review
If Defence makes an FOI decision that you disagree
Do I have to go through the Defence’s internal
with, you can ask Defence to review its decision. The
review process first?
review will be conducted independently to FOI Case
No. You may apply directly to the Information
Management. There is
NO charge for internal
Commissioner, within
60 days of receiving your
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 your
from Defence. An extension may be granted if
concerns will most likely be addressed more quickly,
adequate reasons for the extension are supplied.
without undergoing an external review process.
Defence
must
make a review decision within
30
When can I go to the Administrative Appeals
days. Where Defence has not met its review
Tribunal (AAT)?
obligation, you may then approach the Information
Under the revised FOI Act, you must seek external
Commissioner.
review through the Information Commissioner prior
Internal review is not available if the Minister or the
to applying to the AAT for such a review.
principal officer of the agency made the decision
personally.
Making a complaint
How to apply for an internal review
You may make a complaint to Defence or the Office
You must apply in writing and should include a copy
of the Information Commissioner about actions
of the notice of the decision provided and the points
taken by Defence in relation to your application. The
to which you are objecting and why.
complaint needs to be in writing.
You can lodge your application in one of the following
ways:
Information Commissioner
Email:
mailto:xxxxxxxxx@xxxxxxx.xxx.xx
contact
Post:
FOI Directorate
Department of Defence
Further information about the external review
CP1-6-008
process or how to make a complaint to the
PO Box 7910
Information Commissioner is available:
CANBERRA BC ACT 2610
Online:
www.oaic.gov.au
Post:
GPO Box 5218 Sydney NSW 2000
Fax:
+61 2 9284 9666
Email:
xxxxxxxxx@xxxx.xxx.xx
Document Outline