Freedom of Information Act 1982
Sections and provisions with full text and the judgments that cite each one.
Section 54L — IC reviewable decisions—access refusal decisions
(1) An application may be made to the Information Commissioner for a review of a decision covered by subsection (2). (2) This subsection covers the following decisions: (a) an access refusal…
Section 54M — IC reviewable decisions—access grant decisions
(1) An application may be made to the Information Commissioner for a review of a decision covered by subsection (2). (2) This subsection covers the following decisions: (a) an access grant decision;…
Section 54N — IC review applications—application
Content of application (1) An IC review application must be in writing, and must: (a) give details of how notices under this Part may be sent to the IC review applicant (for example, by providing an…
Section 54P — IC review applications—requirement to notify affected third parties
Scope (1) This section applies if: (a) an agency or Minister decides not to give access to a document to which a consultation requirement applies under section 26A, 27 or 27A; and (b) an IC review…
Section 54Q — IC review applications—circumstances in which not giving notice is appropriate
(1) This section applies in relation to a document to which a consultation requirement applies under section 27 or 27A. (2) An agency or Minister is not required to notify an affected third party for…
Section 54R — IC review applications—withdrawal
(1) An IC review applicant may, in writing, withdraw the IC review application at any time before the Information Commissioner makes a decision under section 55K. (2) If the IC review application is…
Section 54S — IC review applications—time limits
Access refusal decisions (1) An IC review application in relation to a decision covered by subsection 54L(2) (access refusal decisions) must be made within 60 days after the day notice of the IC…
Section 54T — IC review applications—extension of time
Application for extension of time (1) A person may apply to the Information Commissioner for an extension of time for making an IC review application. (2) The Information Commissioner may extend the…
Section 54U — Decision to review—interpretation
This Division applies to a part of an IC review application as if a reference to an IC review application were a reference to the part of the IC review application.
Section 54V — Decision to review—preliminary inquiries
The Information Commissioner may make inquiries of the review parties for the purpose of determining whether or not to undertake an IC review.
Section 54W — Decision to review—discretion not to review
The Information Commissioner may decide not to undertake an IC review, or not to continue to undertake an IC review, if: (a) the Information Commissioner is satisfied of any of the following: (i) the…
Section 54X — Decision to review—notice requirement if discretion not to review exercised
(1) This section applies if the Information Commissioner decides not to undertake an IC review, or not to continue to undertake an IC review. (2) The Information Commissioner must, as soon as…
Section 54Y — Decision to review—actual decisions made after IC review has commenced
(1) This section applies if: (a) an agency or Minister has been taken to have made a decision (the deemed decision) under subsection 15AC(3), 51DA(2) or 54D(2); and (b) a person makes an IC review…
Section 54Z — Procedure in IC review—general notice requirement
Before undertaking an IC review, the Information Commissioner must inform: (a) the person, agency or Minister who made the decision; or (b) if the IC review application is made under section 54M…
Section 55 — Procedure in IC review—general
(1) The Information Commissioner may, for the purposes of an IC review, review an IC reviewable decision by considering the documents or other material lodged with or provided to the Information…
Section 55A — Procedure in IC review—parties to proceeding
Who are the review parties? (1) The parties to an IC review (the review parties) are as follows: (a) the IC review applicant; (b) the principal officer of the agency, or the Minister, to whom the…
Section 55DA — Decision-maker must assist Information Commissioner
In an IC review, the agency or Minister who made the IC reviewable decision must use the agency’s or the Minister’s best endeavours to assist the Information Commissioner to make his or her decision…
Section 55ZA — Evidence by Inspector-General of Intelligence and Security—scope
This Division applies in an IC review of a decision in relation to a document that: (a) is claimed to be an exempt document under section 33 (national security documents); and (b) relates directly or…
Section 55B — Procedure in IC review—application for hearing
(1) At any time during an IC review, a review party may apply to the Information Commissioner requesting that the Information Commissioner hold a hearing for the purposes of the IC review. (2) The…
Section 55ZB — Evidence by Inspector-General of Intelligence and Security—request to give evidence
(1) Before determining that a document is not an exempt document under section 33, the Information Commissioner must request the Inspector-General of Intelligence and Security to appear personally…
Section 55C — Procedure in IC review—representation
At the hearing of a proceeding before the Information Commissioner, a review party may: (a) appear in person; or (b) be represented by another person.
Section 55ZC — Evidence by Inspector-General of Intelligence and Security—compliance with request
The Inspector-General of Intelligence and Security must comply with a request under section 55ZB unless, in the opinion of the Inspector-General, the Inspector-General is not appropriately qualified…
Section 55D — Procedure in IC review—onus
(1) Subject to subsection (2), in an IC review in relation to a request or an application under section 48, the agency or Minister concerned has the onus of establishing that: (a) a decision given in…
Section 55ZD — Evidence by Inspector-General of Intelligence and Security—procedural matters
(1) This section applies for the purposes of enabling the Inspector-General of Intelligence and Security to comply with a request under section 55ZB. (2) The Information Commissioner must allow the…
Section 55E — Procedure in IC review—inadequate reasons from decision maker
(1) This section applies if: (a) an IC review application is made in relation to an IC reviewable decision made by an agency or a Minister; and (b) the agency or Minister was required to provide a…
Section 55F — Procedure in IC review—review parties reach agreement
(1) This section applies if, at any stage of an IC review: (a) the review parties reach agreement as to the terms of a decision on an IC review: (i) on the IC review application; or (ii) in relation…
Section 55G — Procedure in IC review—revocation or variation of access refusal decision
(1) An agency or Minister may vary (or set aside and substitute) an access refusal decision (the original decision) in relation to a request or an application under section 48 at any time during an…
Section 55H — Procedure in IC review—reference of questions of law to Federal Court of Australia
(1) The Information Commissioner may, at any time during an IC review, refer a question of law arising in an IC review to the Federal Court of Australia for decision. (2) The Information Commissioner…
Section 55J — Procedure in IC review—sending of documents to, and disclosure of documents by, the Federal Court of Australia
If a question of law is referred under section 55H: (a) the Information Commissioner must cause all documents and information in the possession of the Information Commissioner that relate to the IC…
Section 55K — 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…
Section 55L — Decision on IC review—no power to give access to exempt documents
(1) This section applies if it is established in proceedings on an IC review that a document is an exempt document. (2) The Information Commissioner does not have power to decide that access to the…
Section 55M — Decision on IC review—limitation on amending records
(1) The Information Commissioner may, in a decision under section 55K, make a decision that requires, or has the effect of requiring, that an amendment be made to a record that relates to a record of…
Section 55N — Decision on IC review—obligation to comply with decision
A principal officer of an agency or a Minister must comply with a decision of the Information Commissioner under section 55K on an IC review.
Section 55P — Decision on IC review—enforcement of decision against agency
(1) If the principal officer of an agency or a Minister fails to comply with section 55N, an application may be made to the Federal Court of Australia for an order directing the principal officer or…
Section 55Q — Decision on IC review—correction of errors
(1) The Information Commissioner may correct an obvious error in a decision under section 55K of the Information Commissioner on an IC review. Example: The following are examples of obvious errors:…
Section 55R — Information gathering powers—obliging production of information and documents
Scope (1) This section applies if the Information Commissioner has reason to believe that a person has information, or a document, relevant to an IC review. (2) This section applies subject to…
Section 55S — Information gathering powers—dealings with documents
What the Information Commissioner may do with documents (1) The Information Commissioner may do any of the following in relation to any documents produced in accordance with a notice under subsection…
Section 55T — Information gathering powers—production of exempt documents generally
Scope (1) This section applies to an IC review of a decision in relation to a document if: (a) the principal officer of an agency or a Minister claims that the document is an exempt document; and (b)…
Section 55U — Information gathering powers—production of national security, Cabinet or Parliamentary Budget Office documents
(1) This section applies to an IC review of a decision in relation to a document that is claimed to be an exempt document under section 33 (national security documents), 34 (Cabinet documents) or 45A…
Section 55V — Information gathering powers—further searches for a document
(1) This section applies to an IC review in relation to a request for access to a document if: (a) access to the document is refused under section 24A (document cannot be found etc.); or (b) access…
Section 55W — Information gathering powers—obliging persons to appear
Notice to appear (1) The Information Commissioner may, by written notice, require a person to appear before the Information Commissioner to answer questions for the purposes of an IC review. (2) The…
Section 55X — Information gathering powers—administration of oath or affirmation
(1) If, by a notice under subsection 55W(1), the Information Commissioner requires a person to appear before him or her, the Information Commissioner may: (a) administer an oath or affirmation to the…
Section 55Y — Information gathering powers—no loss of legal professional privilege
Information or a document does not cease to be the subject of legal professional privilege merely because it is given, provided, produced or referred to for the purposes of this Part.
Section 55Z — Information gathering powers—protection from liability
(1) This section applies if a person does any of the following in good faith for the purposes of an IC review: (a) gives information; (b) produces a document; (c) answers a question. (2) If this…
Section 56 — Appeals—appeals to Federal Court of Australia on questions of law
(1) A review party may appeal to the Federal Court of Australia, on a question of law, from a decision of the Information Commissioner on an IC review. (2) An appeal under this section must be…
Section 56A — Appeals—Federal Court of Australia may make findings of fact
(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…
Section 57 — Review by the Tribunal—guide
An application may be made to the Administrative Review Tribunal for the review of certain decisions (see section 57A). Division 3 sets out the powers of the Tribunal in a review. Division 4 deals…
Section 57A — Tribunal reviewable decisions—which decisions are reviewable?
(1) An application may be made to the Tribunal for review of the following decisions: (a) a decision of the Information Commissioner under section 55K on an IC review; (b) if the Information…
Section 58 — Powers of Tribunal
(1) Subject to this section, in proceedings under this Part, the Tribunal has power, in addition to any other power, to review any decision that has been made by an agency or Minister in respect of…
Section 58A — Powers of Tribunal—requiring further searches
(1) This section applies to a review on an application to the Tribunal under section 57A if: (a) access to the document is refused under section 24A (document cannot be found etc.); or (b) access is…