Thank you for your email which has been received by the Office of the
Australian Information Commissioner (OAIC).

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

Our reference:  MR26/00253

By email:  [1][FOI #14227 email]

Receipt of your IC review application 

Thank you for your application for Information Commissioner Review (IC
review).

The [2]OAIC service charter sets out the standard of service you can
expect from the Office of the Australian Information Commissioner (OAIC)
and explains how you can assist us to help you. 

Information about the Information Commissioner review process is set out
in:

• [3]How we handle an IC review application.
• the [4]Direction as to certain procedures to be followed by applicants
in Information Commissioner reviews issued under s 55(2)(e)(i) of the
FOI Act.

The OAIC is considering a large number of applications. Information about
the OAIC’s IC review caseload and focus areas can be found at [5]Caseload
reports and focus areas.

The OAIC will be in contact with you regarding whether the OAIC is able to
review your application and if so, whether the OAIC has commenced review
of your application. The respondent agency or minister may also engage
with you directly in relation to your IC review application if we decide
to review its decision.

You may experience long delays as we review your application particularly
if it does not involve an issue within the OAIC’s focus areas. The OAIC is
not able to provide substantive updates on the progress of your
application and is unable to accommodate requests to expedite matters.

You may wish to contact the agency that dealt with your FOI request to
attempt to resolve the matter. Agencies are required to deal with FOI
requests in accordance with the [6]FOI Guidelines. These Guidelines may
also assist you to make your submissions in your IC review.

Further information about the IC review process is outlined in  [7]Part 10
of the [8]FOI Guidelines.

Yours sincerely

Office of the Australian Information Commissioner

show quoted sections

Our reference: MR26/00253

Agency reference: FA 25/09/01343

Applicant: Nguyen Oliver Smith 

Agency: Department of Home Affairs

By email: [1][FOI #14227 email]

Your Information Commissioner review application

Dear Nguyen Oliver Smith, 

Why we are writing to you:

I am writing to you to help you make a valid Information Commissioner
review (IC review) application.

On 27 January 2026, you applied for IC review about a decision made by the
Agency, referenced at the top of this email, under the Freedom of
Information Act 1982 (Cth) (the FOI Act). This was because you indicated
you disagree with the FOI decision.

At this time, we do not have all of the information we need to progress
your IC review application.

Subsection 54L(3) of the FOI Act provides that an IC review application
may be made by, or on behalf of, the person who made the request to which
the decision relates.

The [2]Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews states:

'...The IC may require information about the applicant's identity to
establish that they are the person who made the original FOI request or
evidence that a third party is authorised to seek review of the decision
by that person.' [2.12]

It appears that you are seeking IC review of a decision on an FOI request
that is publicly available on the Right to Know website. At this time, we
are yet to satisfied that you are the person who made the publicly
available FOI request.

Action required by you by 4 February 2026:

• Please provide a copy of any notification emails sent by the Right to
Know website's administrator about the FOI request, a screenshot of
the 'My requests' page of your account on the Right to Know website
(after you log into your Right to Know account) showing the FOI
request in question. Alternatively, you may wish to upload this
correspondence (potentially with your email address removed) as plain
text on the Right to Know webpage of the FOI request in question and
provide us with confirmation of this.

Participation in IC review process:

You are required to comply with the [3]Direction as to certain procedures
to be followed by applicants in Information Commissioner reviews. If an
applicant fails to comply with a direction of the Information
Commissioner, including the Direction as to certain procedures to be
followed by applicants in Information Commissioner reviews, the
Information Commissioner may in some cases decide not to undertake or
continue to undertake an IC review. The Direction specifically states:

• An application for IC review may be made by, or on behalf of, the person
who made the FOI request to which an access refusal decision relates (s
54L(3)). In relation to access grant decisions, third parties who were
consulted under s 26(2), and third parties who were invited to make
submissions in support of exemption contentions under ss 27 and 27A and
did so, can also apply for an IC review of that access grant decision (s
54M(3)(a)). The IC may require information about the applicant’s
identity to establish that they are the person who made the original FOI
request or evidence that a third party is authorised to seek review of
the decision by that person [2.12]

 1. During an IC review, applicants will be given a reasonable opportunity
to present their case. This generally includes having the opportunity
to comment on relevant, adverse information provided to the OAIC by
other parties [2.26]

As such, if you do not provide the information we need for the IC review
application by 4 February 2026, we intend to close your IC review
application.

Assistance

If you are unable to respond by 4 February 2026, you must request more
time at the earliest opportunity and no later than 2 February 2026.
Requests for more time must explain why you need more time, and you must
tell us when you will be able to provide a response.

Please note: You can withdraw an IC review application at any time. There
is no penalty if you do this. You can also lodge a new FOI request to the
respondent at any time.

If you require assistance regarding this email, please contact us at
[4][email address].

Please quote the reference at the top of this email in all correspondence.

Kind regards,

[5]A blue background   Deidre McNamara (she/her)
with white text
AI-generated content Intake & Triage Officer
may be incorrect.
Intake and Eligibility Branch

Office of the Australian Information Commissioner

Sydney

P 1300 363 992 E [6][email address]

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #14227 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. mailto:[email address]
5. https://www.oaic.gov.au/
6. mailto:[email address]

Our reference: MR26/00254

Agency reference: FA 25/09/01539

Applicant: Nguyen Oliver Smith 

Agency: Department of Home Affairs

By email: [1][FOI #14227 email]

Your Information Commissioner review application

Dear Nguyen Oliver Smith, 

Why we are writing to you:

I am writing to you to help you make a valid Information Commissioner
review (IC review) application.

On 27 January 2026, you applied for IC review about an access refusal
decision made by the Agency, referenced at the top of this email, under
the Freedom of Information Act 1982 (Cth) (the FOI Act). This was because
you indicated had not received a decision by the due date.

At this time, we do not have all of the information we need to progress
your IC review application.

Subsection 54L(3) of the FOI Act provides that an IC review application
may be made by, or on behalf of, the person who made the request to which
the decision relates.

The [2]Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews states:

'...The IC may require information about the applicant's identity to
establish that they are the person who made the original FOI request or
evidence that a third party is authorised to seek review of the decision
by that person.' [2.12]

It appears that you are seeking IC review of a decision on an FOI request
that is publicly available on the Right to Know website. At this time, we
are yet to satisfied that you are the person who made the publicly
available FOI request.

Action required by you by 4 February 2026:

• Please provide a copy of any notification emails sent by the Right to
Know website's administrator about the FOI request, a screenshot of
the 'My requests' page of your account on the Right to Know website
(after you log into your Right to Know account) showing the FOI
request in question. Alternatively, you may wish to upload this
correspondence (potentially with your email address removed) as plain
text on the Right to Know webpage of the FOI request in question and
provide us with confirmation of this.

Participation in IC review process:

You are required to comply with the [3]Direction as to certain procedures
to be followed by applicants in Information Commissioner reviews. If an
applicant fails to comply with a direction of the Information
Commissioner, including the Direction as to certain procedures to be
followed by applicants in Information Commissioner reviews, the
Information Commissioner may in some cases decide not to undertake or
continue to undertake an IC review. The Direction specifically states:

• An application for IC review may be made by, or on behalf of, the person
who made the FOI request to which an access refusal decision relates (s
54L(3)). In relation to access grant decisions, third parties who were
consulted under s 26(2), and third parties who were invited to make
submissions in support of exemption contentions under ss 27 and 27A and
did so, can also apply for an IC review of that access grant decision (s
54M(3)(a)). The IC may require information about the applicant’s
identity to establish that they are the person who made the original FOI
request or evidence that a third party is authorised to seek review of
the decision by that person [2.12]

 1. During an IC review, applicants will be given a reasonable opportunity
to present their case. This generally includes having the opportunity
to comment on relevant, adverse information provided to the OAIC by
other parties [2.26]

As such, if you do not provide the information we need for the IC review
application by 4 February 2026, we intend to close your IC review
application.

Assistance

If you are unable to respond by 4 February 2026, you must request more
time at the earliest opportunity and no later than 2 February 2026.
Requests for more time must explain why you need more time, and you must
tell us when you will be able to provide a response.

Please note: You can withdraw an IC review application at any time. There
is no penalty if you do this. You can also lodge a new FOI request to the
respondent at any time.

If you require assistance regarding this email, please contact us at
[4][email address].

Please quote the reference at the top of this email in all correspondence.

Kind regards,

[5]A blue background   Deidre McNamara (she/her)
with white text
AI-generated content Intake & Triage Officer
may be incorrect.
Intake and Eligibility Branch

Office of the Australian Information Commissioner

Sydney

P 1300 363 992 E [6][email address]

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #14227 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. mailto:[email address]
5. https://www.oaic.gov.au/
6. mailto:[email address]

Our reference: MR26/00258

Agency reference: FA 25/11/01060

Applicant: Nguyen Oliver Smith 

Agency: Department of Home Affairs

By email: [1][FOI #14227 email]

Your Information Commissioner review application

Dear Nguyen Oliver Smith, 

Why we are writing to you:

I am writing to you to help you make a valid Information Commissioner
review (IC review) application.

On 27 January 2026, you applied for IC review about an access refusal
decision made by the Agency, referenced at the top of this email, under
the Freedom of Information Act 1982 (Cth) (the FOI Act). This was because
you indicated had not received a decision by the due date.

At this time, we do not have all of the information we need to progress
your IC review application.

Subsection 54L(3) of the FOI Act provides that an IC review application
may be made by, or on behalf of, the person who made the request to which
the decision relates.

The [2]Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews states:

'...The IC may require information about the applicant's identity to
establish that they are the person who made the original FOI request or
evidence that a third party is authorised to seek review of the decision
by that person.' [2.12]

It appears that you are seeking IC review of a decision on an FOI request
that is publicly available on the Right to Know website. At this time, we
are yet to satisfied that you are the person who made the publicly
available FOI request.

Action required by you by 4 February 2026:

• Please provide a copy of any notification emails sent by the Right to
Know website's administrator about the FOI request, a screenshot of
the 'My requests' page of your account on the Right to Know website
(after you log into your Right to Know account) showing the FOI
request in question. Alternatively, you may wish to upload this
correspondence (potentially with your email address removed) as plain
text on the Right to Know webpage of the FOI request in question and
provide us with confirmation of this.

Participation in IC review process:

You are required to comply with the [3]Direction as to certain procedures
to be followed by applicants in Information Commissioner reviews. If an
applicant fails to comply with a direction of the Information
Commissioner, including the Direction as to certain procedures to be
followed by applicants in Information Commissioner reviews, the
Information Commissioner may in some cases decide not to undertake or
continue to undertake an IC review. The Direction specifically states:

• An application for IC review may be made by, or on behalf of, the person
who made the FOI request to which an access refusal decision relates (s
54L(3)). In relation to access grant decisions, third parties who were
consulted under s 26(2), and third parties who were invited to make
submissions in support of exemption contentions under ss 27 and 27A and
did so, can also apply for an IC review of that access grant decision (s
54M(3)(a)). The IC may require information about the applicant’s
identity to establish that they are the person who made the original FOI
request or evidence that a third party is authorised to seek review of
the decision by that person [2.12]

 1. During an IC review, applicants will be given a reasonable opportunity
to present their case. This generally includes having the opportunity
to comment on relevant, adverse information provided to the OAIC by
other parties [2.26]

As such, if you do not provide the information we need for the IC review
application by 4 February 2026, we intend to close your IC review
application.

Assistance

If you are unable to respond by 4 February 2026, you must request more
time at the earliest opportunity and no later than 2 February 2026.
Requests for more time must explain why you need more time, and you must
tell us when you will be able to provide a response.

Please note: You can withdraw an IC review application at any time. There
is no penalty if you do this. You can also lodge a new FOI request to the
respondent at any time.

If you require assistance regarding this email, please contact us at
[4][email address].

Please quote the reference at the top of this email in all correspondence.

Kind regards,

[5]A blue background   Deidre McNamara (she/her)
with white text
AI-generated content Intake & Triage Officer
may be incorrect.
Intake and Eligibility Branch

Office of the Australian Information Commissioner

Sydney

P 1300 363 992 E [6][email address]

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #14227 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. mailto:[email address]
5. https://www.oaic.gov.au/
6. mailto:[email address]