INFORMATION SHEET
Freedom of Information Act 1982
- Rights of Review
The purpose of this information sheet is to set out the rights of applicants to seek
review of decisions made by the ACMA under the Freedom of Information Act (FOI
Act).
1. Review of decisions
If you are dissatisfied by any decision made by an ACMA decision maker
concerning access to documents or charges imposed for processing your request
you can ask the ACMA to conduct a review of the decision or you may apply to
the Australian Information Commissioner (the Information Commissioner) for a
review.
1.1 Application for review by the ACMA
If you want the ACMA to conduct a review of the decision you must write to the
ACMA. You should set out why you are dissatisfied with the decision made. The
review will be undertaken by a different ACMA decision maker.
Time within which to seek review
Generally, your request must be made within 30 days of receiving notice of the
decision (see section 54B of the FOI Act).
The application may be sent to the ACMA in any of the following ways:
Hand delivery:
Level 5, The Bay Centre, 65 Pirrama Road,
Pyrmont, NSW, 2000
Red Building, Benjamin Offices, Chan Street,
Belconnen, ACT, 2617
Level 32, Melbourne Central Tower, 360 Elizabeth
Street, Melbourne, VIC, 3000
Post:
PO Box Q500, Queen Victoria Building, NSW, 1230
PO Box 78, Belconnen, ACT, 2616
PO Box 13112 Law Courts, Melbourne, VIC, 8010
E-mail:
xxx@xxxx.xxx.xx
An application hand delivered or posted to the ACMA should also be marked to
the attention of the FOI Co-ordinator.
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If, after this review, you remain dissatisfied you may ask the Information
Commissioner to conduct a review (see the discussion below).
1.2 Application for review by the Information Commissioner
If you are dissatisfied by a decision made by an ACMA decision maker you may ask
the Information Commissioner to conduct a review.
The request for review by the Information Commissioner must be made in writing
and you should set out why you are dissatisfied with the decision. You must give
details of how notices may be sent to you and include a copy of the relevant the
decision.
Time within which to seek review
If it relates to an access refusal decision (which includes a decision under section
29 relating to the imposition of a charge or the amount of a charge) your request
should generally be made within 60 days of receiving notice of the decision (see
sections 53A and 54S of the FOI Act).
The application may be sent to the Office of the Australian Information
Commissioner (the OAIC) in any of the following ways:
Hand delivery:
Level 3, 175 Pitt Street, Sydney, NSW
Post:
PO Box 5218, Sydney, NSW, 2001
Email:
xxxxx@xxxx.xxx.xx
On-line:
www.oaic.gov.au
Facsimile:
02 9284 9666
2.
Right to make a complaint
If you have concerns about any action taken by the ACMA in the performance or
exercise of its functions or powers under the FOI Act, you may make a complaint
to the Information Commissioner.
You are encouraged by the OAIC to contact the ACMA directly to try to resolve
any concerns of that kind before making a complaint to the Information
Commissioner.
If you make a complaint, it must be in writing and identify the ACMA as the
agency about which you wish to complain.
A complaint may be sent to the Information Commissioner by post, email, online
or facsimile (see the details set out above at 1.2).
If you have any questions about how to make a complaint you may contact the
Information Commissioner’s office on 1300 363 992 (10am to 4pm, Monday to Friday
AEST / AEDT).
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