Freedom of Information Act 1982
View history note
Hide history noteAfter 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.
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