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:  MR25/02181

By email:  [FOI #13894 email]

Receipt of your IC review application 

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

The [1]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:

o [2]How we handle an IC review application.
o the [3]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 [4]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 [5]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  [6]Part 10
of the [7]FOI Guidelines.

Yours sincerely,

Office of the Australian Information Commissioner

 

 

[8]A blue   Intake and Eligibility Branch
background
with white Office of the Australian Information Commissioner
text
AI-generated Sydney | GPO Box 5288 Sydney NSW 2001
content may be
incorrect. P: 1300 363 992

W: [9]Enquiry form
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people, cultures
and Elders past and present.  

 

[10]Subscribe to Information Matters

 

 

 

 

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. https://www.oaic.gov.au/about-the-OAIC/o...
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/freedom-of-infor...
8. https://www.oaic.gov.au/
9. https://webform.oaic.gov.au/prod?entityt...
10. https://www.oaic.gov.au/engage-with-us/n...

Our reference: MR25/02181

Agency reference: FA 25/08/00805

 

Applicant: Oliver Smith

Agency: Department of Home Affairs

 

By email: [FOI #13894 email]

Your Information Commissioner review application

Dear Oliver,

Why we are writing to you:

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

On 20 October 2025, 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 you had not received a decision by the due date.

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

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 be satisfied that you are the person who made the publicly
available FOI request.

Action required by you by 29 October 2025:

 

o Please provide a copy of:

o the FOI request you made to the Agency
o the FOI acknowledgement you should have received from the Agency
o any correspondence between you and the Agency about your FOI request

o 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 [1]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:

 

o An application for IC review must be accompanied by a copy of the
agency’s or Minister’s decision (called a s 26 notice) for which
review is sought or, if no decision has been made (for example, when
the agency or Minister is taken to have refused the FOI request
because they have not made a decision within the statutory time
period), a copy of the FOI request [2.14]

 

o Applicants must respond to requests for information from the OAIC
within the time provided unless there are exceptional circumstances
warranting a longer period to respond. If more time is needed, a
request for an extension of time must be made to the OAIC at the
earliest opportunity within the period provided for response, and no
later than 2 days before that period is due to expire. Requests for
more time must explain the exceptional circumstances that necessitate
additional time and propose a new date for response. Approval of an
extension request is at the discretion of the OAIC [2.22]

 

o The OAIC expects that applicants and agencies will engage with the IC
review process, with respect and courtesy [2.23]

 

As such, if you do not provide the documents we need for the IC review
application by 29 October 2025, we intend to close your IC review
application.

Assistance

If you are unable to respond by 29 October 2025, you must request more
time at the earliest opportunity and no later than 27 October 2025.
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
[2][email address].

 

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

 

Kind regards,

 

[3][IMG]   Intake and Eligibility Branch

Office of the Australian Information Commissioner

Sydney | GPO Box 5288 Sydney NSW 2001

P: 1300 363 992

W: [4]Enquiry form
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people, cultures
and Elders past and present.  

 

[5]Subscribe to Information Matters

 

 

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. https://www.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. https://webform.oaic.gov.au/prod?entityt...
5. https://www.oaic.gov.au/engage-with-us/n...