Freedom of Information Act 1982
View history note
Hide history noteThis Part sets up a system for review of decisions by the Information Commissioner.
Division 2 sets out the key concepts for the Part.
Division 3 sets out the types of decisions that are reviewable.
Division 4 provides for the making of applications for review by the Information Commissioner, including the time limits within which applications must be made.
The Information Commissioner may make preliminary inquiries before deciding whether or not to conduct a review. In certain circumstances, the Information Commissioner may decide not to review a decision (or a part of a decision) (see Division 5 ).
Division 6 provides for the procedure in an IC review, including the parties to the proceeding, circumstances in which a hearing may be held and who bears the onus of proof.
The Information Commissioner may refer questions of law to the Federal Court of Australia at any time during the review.
The Information Commissioner must make a decision on the review in accordance with Division 7 .
The Information Commissioner has powers to gather information for the purposes of an IC review (see Division 8 ).
In certain circumstances, the Inspector-General of Intelligence and Security must be called to give evidence (see Division 9 ).
An application for review of a decision of the Information Commissioner may be made to the Administrative Appeals Tribunal. A review party may appeal to the Federal Court of Australia, on a question of law, from a decision of the Information Commissioner (see Division 10 ).
[ CCH Note: S 54F will be amended by No 38 of 2024, s 3 and Sch 4 item 81, by substituting " Administrative Review Tribunal " for " Administrative Appeals Tribunal " , 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.]
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