Freedom of Information Act 1982
View history note
Hide history noteThis Part is about investigations by the Information Commissioner and by the Ombudsman.
Division 2 sets up a system for investigations by the Information Commissioner.
The Information Commissioner may investigate an action taken by an agency in the performance of functions or the exercise of powers under this Act on a complaint from a person, or on the Information Commissioner's initiative.
If a person disputes the merits of an access refusal decision or an access grant decision, this Act provides elsewhere for the review of that Decision (see Parts VI , VII and VIIA ).
However, this does not prevent a person from making a complaint to the Information Commissioner about the way in which the agency has handled the decision.
The Information Commissioner has powers to obtain documents, to question persons and to enter premises (see Subdivision D of Division 2 ).
At the conclusion of the investigation, the Information Commissioner must give a notice to the complainant and to the respondent agency about the Information Commissioner's findings, with any recommendations that the Information Commissioner believes the agency ought to implement (see section 86 ).
If the Information Commissioner is not satisfied that the agency has taken adequate and appropriate action to implement the recommendations, the Information Commissioner may take further steps (see sections 89 , 89A and 89B ).
Division 3 deals with the investigation of complaints by the Ombudsman about action taken under this Act.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
