Freedom of Information Act 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

Division 7 - Decision on IC review  

SECTION 55K   Decision on IC review - decision of Information Commissioner  

55K(1)    
After undertaking an IC review, the Information Commissioner must make a decision in writing:

(a) affirming the IC reviewable decision; or

(b) varying the IC reviewable decision; or

(c) setting aside the IC reviewable decision and making a decision in substitution for that decision.

55K(2)    
For the purposes of implementing a decision on an IC review, the Information Commissioner may perform the functions, and exercise the powers, of the person who made the IC reviewable decision.

55K(3)    
A decision of the Information Commissioner on an IC review has the same effect as a decision of the agency or Minister who made the IC reviewable decision.

Content of the decision

55K(4)    
A decision on an IC review must include the following:

(a) a statement of reasons for the decision;

(b) a statement of the rights of the review parties to apply to the Tribunal for review of the decision under section 57A .

55K(5)    
However, a decision on an IC review must not include:

(a) information of the kind referred to in subsection 25(1) ; or

(b) exempt matter.

Note:

Subsection 25(1) deals with information about the existence or otherwise of certain documents.

Providing copy of decision

55K(6)    
The Information Commissioner must give a copy of a decision on an IC review to each review party.

Copy of decision prima facie evidence

55K(7)    
A document is prima facie evidence of a decision on an IC review if:

(a) the document purports to be a copy of the decision; and

(b) the document purports to be certified by, or on behalf of, the Information Commissioner to be a true copy of the decision.

Publication requirement

55K(8)    
The Information Commissioner must publish a decision on an IC review to members of the public generally.