Right to Know
By email only: email@example.com
Freedom of Information Request – FOI 22/105
On 11 November 2022, the Department of Finance (Finance) received your email, in which
you sought access under the Commonwealth Freedom of Information Act 1982
(FOI Act) to
Consistent with the Freedom of Information Act 1982, I request the index of the Department’s Senate
Estimates issues brief that was prepared for the Secretary for the Senate Estimates conducted between 28
October and 11 November 2022. I am not seeking drafts of the above documents.
The purpose of this letter is to provide you with notice of my decision under the FOI Act.
I have identified one document as falling within the scope of your request.
I have decided to release the one document.
In making my decision, I have had regard to the following:
• the terms of your FOI request;
• the content of the document that fall within the scope of your request;
• consultations with third parties in accordance with the FOI Act;
• the relevant provisions of the FOI Act; and
• the FOI Guidelines issued by the Office of the Australian Information Commissioner
I am authorised by the Secretary of Finance to grant or refuse access to documents.
One Canberra Avenue, Forrest ACT 2603 • Internet www.finance.gov.au
I have decided that a charge is not payable in this matter.
Review and appeal rights
You are entitled to request an internal review or a review by the Office of the Australian
Information Commissioner of my decision. The process for review and appeal rights is set
out at Attachment A.
Finance will publish the document released to you on our Disclosure Log.
is to publish the document/s within one working day after they are released to you.
If you have any questions in regards to this request, please contact the FOI Team on the
above contact details.
Parliamentary and Corporate Engagement | Business Enabling Services
Department of Finance
9 December 2022
Freedom of Information – Your Review Rights
If you disagree with a decision made by the Department of Finance (Finance) or the
Minister for Finance (Minister) under the Freedom of Information Act 1982
(the FOI Act)
you can have the decision 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 you have made a contention against the release of
the documents that has not been agreed to by Finance or the Minister, or if your
application to have your personal information amended was not accepted. There are two
ways you can seek a review of our decision: an internal review (IR) by Finance or the
Minister, or an external review (ER) by the Australian Information Commissioner (IC).
Internal Review (IR)
If, Finance or the Minister (we/our), makes a
If you are a third party objecting to a decision
Freedom of Information (FOI) decision that
to grant someone else access to your
you disagree with, you can seek a review of
information, you must apply to the IC within
the original decision. The review will carried
30 calendar days of being notified of our
out by a different decision maker, usually
decision to release your information.
someone at a more senior level.
Further assistance is located here.
You must apply for an IR within 30 calendar
Do I have to go through the internal
days of being notified of the decision or
charge, unless we agree to extend your time.
No. You may apply directly to the OAIC for
You should contact us if you wish to seek an
an ER by the IC.
We are required to make an IR decision
If I apply for an internal review, do I
within 30 calendar days of receiving your
lose the opportunity to apply for an
application. If we do not make an IR decision
within this timeframe, then the original
No. You have the same ER rights of our IR
decision as you do with our original decision.
This means you can apply for an ER of the
Review by the Australian
original decision or of the IR decision.
Information Commissioner (IC)
Do I have to pay for an internal review
The Office of the Australian Information
or external review?
Commissioner (OAIC) is an independent
office who can undertake an ER of our
No. Both the IR and ER are free.
decision under the FOI Act. The IC can
review access refusal decisions, access grant
decisions, refusals to extend the period for
applying for an IR, and IR decisions.
If you are objecting to a decision to refuse
access to a document, impose a charge, or a
refusal to amend personal information, you
must apply in writing to the IC within 60
calendar days of receiving our decision.
How do I apply?
Can I appeal the Information
Commissioner’s external review
To apply for an IR of the decision of either
Yes. You can appeal the Information
Finance or the Minister, you must send your
Commissioner’s ER decision to the
review in writing. We both use the same
Administrative Appeals Tribunal (AAT).
contact details, and you must send your
review request in writing.
There is a fee for lodging an AAT application
(as at 12 October 2022 it is $1,011).
In your written correspondence, please
include the following:
Further information is accessible here.
• a statement that you are seeking a review
The AAT’s number is 1800 228 333.
of our decision;
• attach a copy of the decision you are
seeking a review of; and
• state the reasons why you consider the
Making a complaint to the Office of the
original decision maker made the wrong
Australian Information Commissioner
You may make a written complaint to the
OAIC about actions taken by us in relation to
The FOI Coordinator
Legal and Assurance Branch
Further information on lodging a complaint is
Department of Finance
One Canberra Avenue
FORREST ACT 2603
Investigation by the Commonwealth
For further assistance contact the FOI team
The Ombudsman can also investigate
(02) 6215 1783.
complaints about action taken by agencies
under the FOI Act. However, if the issue
External review (Information
complained about either could be, or has been,
investigated by the IC, the Ombudsman will
For an ER, you must apply to the OAIC in
consult with the IC to avoid the same matter
writing. The OAIC ask that you commence a
being investigated twice. If the Ombudsman
review by completing their online form here.
decides not to investigate the complaint, then
they are to transfer all relevant documents and
Your application must include a copy of the
information to the IC.
notice of our decision that you are objecting
to, and your contact details. You should also
The IC can also transfer a complaint to the
set out why you are objecting to the decision.
Ombudsman where appropriate. This could
occur where the FOI complaint is only one
part of a wider grievance about an agency’s
actions. You will be notified in writing if your
Office of the Australian Information
complaint is transferred.
GPO Box 5218
Complaints to the Ombudsman should be
Sydney NSW 2001
made online here.
The IC’s enquiries phone line is
The Ombudsman’s number is 1300 362 072.
1300 363 992.