Review Rights

The FOI Act provides for:

Internal Review

An application for an internal review may be made in relation to a decision not to grant access to documents or parts of documents.

The application for internal review may be made within 30 days of receiving the original decision. This time can be extended in certain circumstances by the CDPP.

An independent review of the decision will be undertaken and a decision made within 30 days.

There is no fee for making an internal review application and the process is the same as making an FOI application.

Review by the Australian Information Commissioner

Applications may be made to the Australian Information Commissioner for a review of the following decisions:

• an internal review;
• a deemed decision;
• an original decision; or
• a decision to refuse additional time to make an internal review request.

Applications must be made within 60 days after receiving the decision to be reviewed. The Australian Information Commissioner may extend that time in certain circumstances.

Further information on the review process can be found at www.oaic.gov.au.

Administrative Appeals Tribunal (AAT)

Decisions made by the Australian Information Commissioner may be reviewed by the Administrative Appeals Tribunal. The Australian Information Commissioner will provide information on how to seek review of their decision.

Further information can be found at: Applying to the Administrative Appeals Tribunal