Section 55K — Freedom of Information Act 1982: Decision on IC review—decision of Information Commissioner

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