Freedom of Information Act 1982

PART VIIA - REVIEW BY THE TRIBUNAL  

Division 2 - Tribunal reviewable decisions  

SECTION 57A   Tribunal reviewable decisions - which decisions are reviewable?  

57A(1)    
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 17 of the Administrative Review Tribunal Act 2024 ).

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 section 18 of the Administrative Review Tribunal Act 2024 an application for review of an IC reviewable decision mentioned in paragraph (1)(b) of this section must be made within 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 at the end of the period prescribed for the purposes of subsection 18(1) of the Administrative Review Tribunal Act 2024 .

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.