Freedom of Information Act 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

Division 10 - Appeals  

SECTION 56A   Appeals - Federal Court of Australia may make findings of fact  

56A(1)    
If a review party appeals to the Federal Court of Australia under section 56 , the Court may make findings of fact if:

(a) the findings of fact are not inconsistent with findings of fact made by the Information Commissioner (other than findings made by the Information Commissioner as the result of an error of law); and

(b) it appears to the Court that it is convenient for the Court to make the findings of fact, having regard to all of the following:

(i) the extent (if any) to which it is necessary for facts to be found;

(ii) the means by which those facts might be established;

(iii) the expeditious and efficient resolution of the whole of the matter to which the IC review relates;

(iv) the relative expense to the parties of the Court, rather than the Information Commissioner, making the findings of fact;

(v) the relative delay to the parties of the Court, rather than the Information Commissioner, making the findings of fact;

(vi) whether any of the parties considers that it is appropriate for the Court, rather than the Information Commissioner, to make the findings of fact;

(vii) such other matters (if any) as the Court considers relevant.

56A(2)    
For the purposes of making findings of fact under subsection (1), the Federal Court of Australia may:

(a) have regard to the evidence given in the IC review; and

(b) receive further evidence.

56A(3)    
Subsection (2) does not limit the Federal Court of Australia's power under subsection 56(6) to make an order remitting the case to be heard and decided again by the Information Commissioner.