DECISION
Section 24A(1) of the FOI Act provides that an agency may refuse a request for access to a document if all
reasonable steps have been taken to find the document, and the agency is satisfied that the document
does not exist.
No documents were located in FWO records held by the relevant business areas falling within the scope
of your request.
Further information
The Office of the Fair Work Ombudsman is established by the
Fair Work Act 2009 which clearly defines
the role and responsibility of the Fair Work Ombudsman.
You may find it helpful in terms of understanding what types of information and documents the FWO
holds to review information about the FWO and its role and purpose, together with supporting documents
that guide FWO operations at the FWO website.
Review rights
I have attached a document setting out your rights of review of this decision at
Attachment A.
Contact details
For further information, please email xxx@xxx.xxx.xx.
Yours sincerely
Nicola Forbes
Director Information Governance
Fair Work Ombudsman
www.fairwork.gov.au | Fair Work Infoline: 13 13 94 | ABN: 43 884 188 232
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Attachment A
INFORMATION ON RIGHTS OF REVIEW & COMPLAINTS
Rights of review
If you are dissatisfied with this decision you can apply for internal review by this agency (Option 1 below) or
external review by the Australian Information Commissioner (IC Review) (Option 2 below).
You do not have to apply for internal review before seeking IC review. However, the Information Commissioner
has expressed the view that it is preferable for a person to seek internal review by the agency before applying for
IC Review. If you choose Option 1 (internal review), you can also apply for IC review of the internal review decision
within 60 days after receiving notice of our review decision.
Option 1 – Internal review
You can seek internal review of the decision. An application for internal review must be made in writing within 30
days after the date you were notified of the decision, or within such further period as the Fair Work Ombudsman
allows. The internal review will be conducted by a senior officer who had no involvement in the initial decision.
There is no particular form required to make a request for internal review. However, it would help the reviewer if
you said, in writing, why you think the decision should be reviewed. An application for an internal review of the
decision should be sent to:
Email: xxx@xxx.xxx.xx
FOI Manager
GPO Box 9887
MELBOURNE VIC 3001
Option 2 – Review by the Australian Information Commissioner
Alternatively, you can apply in writing to the Australian Information Commissioner for IC review of the decision.
An application for IC Review must be made within 30 days after the day you were given notice of this decision and
the decision relates to an access grant decision (s 54M(2)(a))1 or 60 days where the decision relates to an ‘access
refusal decision’ (s 54L(s)(a)):2
In making your application, you need to provide an address for notices to be sent (this can be an email address)
and a copy of this decision. It would also help the Australian Information Commissioner if you set out the reasons
for seeking IC review in your application.
To apply for IC review, please refer to the relevant information issued by the Office of the Australian Information
Commissioner. You can file your application online or download a review form from the OAIC’s website via
www.oaic.gov.au.
Complaints
You can complain to the Australian Information Commissioner about action taken by the Fair Work Ombudsman in
relation to your freedom of information request. Your complaint must be in writing and it is the Information
Commissioner’s preference that an online complaint form is completed. Alternatively, you can send a letter to the
Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001 or send an email to
xxxxxxxxx@xxxx.xxx.
1 An
“access grant decision” is defined in s 53B of the FOI Act to mean a decision to grant access to a document
where there is a requirement to consult with a third party under ss 26A, 27 or 27A.
2 An
“access refusal decision” is defined in s 53A of the FOI Act and Part 10 of the FOI Guidelines at
https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-10-review-by-the-information-
commissioner/
www.fairwork.gov.au | Fair Work Infoline: 13 13 94 | ABN: 43 884 188 232
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