Freedom of Information Act 1982
An application may be made to the Tribunal for review of the following decisions: (a) a decision of the Information Commissioner under section 55K on an IC review; (b) if the Information Commissioner makes a decision under paragraph 54W(b) (matters inappropriate for IC review) - the IC reviewable decision in relation to which the Information Commissioner makes the decision.
Note 1:
An application for the review of a decision may be made by a person whose interests are affected by the decision (see section 27 of the Administrative Appeals Tribunal Act 1975 ).
Note 2:
Subsection 29(2) of the Administrative Appeals Tribunal Act 1975 sets out the time within which the application for review must be made.
[ CCH Note: S 57A(1) will be amended by No 38 of 2024, s 3 and Sch 4 items 55 and 56, by substituting " see section 17 of the Administrative Review Tribunal Act 2024 " for " see section 27 of the Administrative Appeals Tribunal Act 1975 " in note 1 and substituting note 2, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. Note 2 will read:
]Note 2:
For the time period for making an application, see sections 18 to 20 of the Administrative Review Tribunal Act 2024 .
Time for applying to Tribunal if Information Commissioner declines to review decision
57A(2)
Despite subsection 29(2) of the Administrative Appeals Tribunal Act 1975 , for the purposes of paragraph 29(2)(d) of that Act, the prescribed time for a person to lodge an application for review of an IC reviewable decision mentioned in paragraph (1)(b) of this section is the period:
(a) starting on the day on which the decision by the Information Commissioner under paragraph 54W(b) of this Act is made; and
(b) ending on the 28th day after the day on which notice of the decision under paragraph 54W(b) was given to the person under section 54X of this Act.
[ CCH Note: S 57A(2) will be amended by No 38 of 2024, s 3 and Sch 4 items 57 - 59, by substituting " section 18 of the Administrative Review Tribunal Act 2024 " for " subsection 29(2) of the Administrative Appeals Tribunal Act 1975 , for the purposes of paragraph 29(1)(d) of that Act, the prescribed time for a person to lodge " , " must be made within the " for " is the " and para (b), effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. Para (b) will read:
]
(b) ending at the end of the period prescribed for the purposes of subsection 18(1) of the Administrative Review Tribunal Act 2024 .
[ CCH Note: S 57A(3) will be inserted by No 38 of 2024, s 3 and Sch 4 item 60, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence. S 57A(3) will read:
]
No referral to guidance and appeals panel
57A(3)
Part 5 (guidance and appeals panel) of the Administrative Review Tribunal Act 2024 does not apply in relation to:
(a) an application under subsection (1) for review of a decision; or
(b) the decision of the Tribunal on the review.
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