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
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attachments.

Our reference: MR26/00445

Agency reference: FA 26/01/00855

 

Applicant: Thu Phuong

Agency: Department of Home Affairs

 

By email: [1][FOI #14295 email]

 

Your Information Commissioner review application

Dear Thu,

Why we are writing to you:

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

On 16 February 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 you had not received a decision by the due date.  

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 23 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 [2]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 must be made in writing and should be
made online using the Information Commissioner Review Application form
available on the OAIC website. A copy of the notice of the decision
must be included in the application. The online form can be accessed
via [3]our website [2.7]

 

• 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]

 

• 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 23 February 2026, we intend to close your IC review
application.

Assistance

If you are unable to respond by 23 February 2026, you must request more
time at the earliest opportunity. 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
Agency 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,

Alex

[5][IMG]   Intake and Eligibility Branch

Office of the Australian Information Commissioner

Sydney | GPO Box 5288 Sydney NSW 2001

P: 1300 363 992

W: [6]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.  

 

[7]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

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