Freedom of Information Act 1982
Sections and provisions with full text and the judgments that cite each one.
Section 58AA — Powers of Tribunal—limitation on amending records
(1) The Tribunal may, in a decision on an application to the Tribunal under section 57A, make a decision that requires, or that has the effect of requiring, that an amendment be made to a record that…
Section 58E — Production to the Tribunal of certain exempt documents
(1) In any proceedings before the Tribunal under this Act in relation to a document that is claimed to be an exempt document under section 33, 34 or 45A, the Tribunal is entitled to require the…
Section 60 — Procedure in Tribunal—parties
(1) This section applies for the purposes of this Part and of the application of the Administrative Review Tribunal Act 2024 in relation to proceedings under this Part. (2) A decision given by a…
Section 60A — Inspector-General of Intelligence and Security must be requested to give evidence in certain proceedings
(1) This section applies in a proceeding before the Tribunal under this Act in relation to a document that: (a) is claimed to be an exempt document under section 33 (national security documents); and…
Section 60AA — Procedure in Tribunal—requirement to notify affected third parties
Scope (1) This section applies if an application is made to the Tribunal under section 57A for the review of a decision not to give access to a document to which a consultation requirement applies…
Section 60AB — Procedure in Tribunal—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 61 — Onus
(1) In proceedings under this Part for review of a decision in relation to a request, or in relation to an application under section 48 (a personal records application): (a) if an agency or a…
Section 61A — Modification of the Administrative Review Tribunal Act 2024
(1) The Administrative Review Tribunal Act 2024 applies to proceedings under this Part as if a reference to the decision-maker in the following provisions of that Act were a reference to the agency…
Section 62 — Application of section 268 of Administrative Review Tribunal Act etc.
(1) Where, in relation to a decision in respect of a request, the applicant has been given a notice in writing under section 26, section 268 of the Administrative Review Tribunal Act 2024 does not…
Section 63 — Tribunal to ensure non-disclosure of certain matters
(1) In determining whether the Tribunal is satisfied that it is desirable to make an order or orders under subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024, the…
Section 64 — Production of exempt documents
(1) Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024 do not apply in relation to a document that is claimed to be an exempt document, but in proceedings before the Tribunal in…
Section 66 — Tribunal may make recommendation that costs be available in certain circumstances
(1) Where: (a) a person applies, under section 57A, to the Tribunal for review of a decision of the Information Commissioner on an IC review; and (b) the person is successful, or substantially…
Section 67 — Automatic stay of certain decisions on appeal
(1) This section applies if: (a) a person applies, under section 57A, to the Tribunal for review in relation to a decision by an agency or Minister refusing to grant access to a document in…
Section 68 — Investigations and complaints—guide
This 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…
Section 69 — Information Commissioner investigations—power to investigate
Obligation to investigate (1) The Information Commissioner must, subject to this Division, investigate a complaint made under section 70. Discretion to investigate (2) The Information Commissioner…
Section 70 — Information Commissioner investigations—making complaints
(1) A person (the complainant) may complain to the Information Commissioner about an action taken by an agency in the performance of functions, or the exercise of powers, under this Act. (2) A…
Section 71 — Information Commissioner investigations—interpretation
This Subdivision applies to a part of a complaint as if: (a) a reference to a complaint were a reference to the part of the complaint; and (b) a reference to an action were a reference to an action…
Section 72 — Information Commissioner investigations—preliminary inquiries
The Information Commissioner may make inquiries of the respondent agency for the purpose of determining whether or not to investigate a complaint made (or purported to be made) under section 70.
Section 73 — Information Commissioner investigations—discretion not to investigate
The Information Commissioner may decide not to investigate, or not to continue to investigate, a complaint about an action made under section 70 if the Information Commissioner is satisfied of any of…
Section 74 — Information Commissioner investigations—transfer to Ombudsman
Scope (1) This section applies if the Information Commissioner is satisfied that a complaint about an action could be more effectively or appropriately dealt with: (a) by the Ombudsman under the…
Section 75 — Information Commissioner investigations—notice requirements
Notice to respondent agency before commencing investigation (1) Before beginning an investigation, the Information Commissioner must notify the respondent agency in writing. Notice of decision not to…
Section 76 — Information Commissioner investigations—conduct of investigation
(1) An investigation must be conducted in private and in a way the Information Commissioner thinks fit. (2) For the purposes of an investigation, the Information Commissioner may obtain information…
Section 77 — Information Commissioner investigations—general power to enter premises
(1) If a consenting person consents to entry under paragraph (2)(a), an authorised person may, at any reasonable time of day arranged with the consenting person: (a) enter and remain at the place; or…
Section 78 — Information Commissioner investigations—places for which approval required before entry
Specific places and areas (1) Subsection (2) applies if an authorised person proposes to enter, or carry on an investigation, at any of the following: (b) a place that is a prohibited area for the…
Section 79 — Information Commissioner investigations—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 investigation under this Part. (2) This section…
Section 80 — Information Commissioner investigations—dealings with documents
What the Information Commissioner may do with documents (1) The Information Commissioner may do one or more of the following with respect to any documents produced in accordance with a notice under…
Section 81 — Information Commissioner investigations—exempt documents
Sections 55T and 55U apply to an investigation under this Part as if a reference in those sections to an IC review of a decision were a reference to an investigation of a complaint made under section…
Section 82 — Information Commissioner investigations—obliging persons to appear
Notice to require person 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…
Section 83 — Information Commissioner investigations—administration of oath or affirmation
(1) If, by a notice under subsection 82(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 84 — Information Commissioner investigations—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 85 — Information Commissioner investigations—protection from liability
(1) This section applies if a person does any of the following in good faith for the purposes of an investigation: (a) gives information; (b) produces a document; (c) answers a question. (2) If this…
Section 86 — Information Commissioner investigations—notice on completion
Requirement to notify respondent agency (1) If the Information Commissioner completes an investigation, the Information Commissioner must, as soon as practicable, notify the respondent agency. (2)…
Section 87 — Information Commissioner investigations—what are the investigation results?
The investigation results, in relation to the investigation, are the following: (a) the matters that the Information Commissioner has investigated; (b) any opinions that the Information Commissioner…
Section 88 — Information Commissioner investigations—what are the investigation recommendations?
The investigation recommendations, in relation to the investigation, are the formal recommendations to the respondent agency that the Information Commissioner believes that the respondent agency…
Section 89 — Information Commissioner investigations—failure to implement investigation recommendation
Scope (1) This section applies if: (a) the Information Commissioner completes an investigation; and (b) the Information Commissioner gives an agency a notice under section 86; and (c) the Information…
Section 89A — Information Commissioner investigations—failure to take action in response to implementation notice
Scope (1) This section applies if: (a) the Information Commissioner gives an implementation notice to a respondent agency; and (b) the Information Commissioner is satisfied that: (i) the agency has…
Section 89B — Information Commissioner investigations—requirements for report
A report under subsection 89A(2) must: (a) include a copy of the notice given to the respondent agency under subsection 86(2) (notice on completion) and the implementation notice; and (b) give…
Section 89C — Information Commissioner investigations—ensuring non-disclosure of certain matters
(1) This section applies to the following documents: (a) a notice to a complainant under section 86 (notice on completion); (b) a report to the FOI Minister under subsection 89A(3) (failure to take…
Section 89D — Information Commissioner investigations—limitation on amending records
Scope (1) This section applies to the following documents: (a) a notice to a complainant under section 86 (notice on completion); (b) a report to the FOI Minister under subsection 89A(3) (failure to…
Section 89E — Information Commissioner investigations—protection from civil action
(1) Civil proceedings do not lie against a person in respect of loss, damage or injury of any kind suffered by another person because the first-mentioned person complains about an action under…
Section 89F — Complaints to Ombudsman—powers not affected
This Part does not prevent the Ombudsman from exercising powers or performing functions under the Ombudsman Act 1976 in accordance with that Act.
Section 89G — Complaints to Ombudsman—report must not contain certain information
A report under subsection 12(3) or section 15 or 17 of the Ombudsman Act 1976 in relation to an action taken under this Act must not include: (a) exempt matter; or (b) information of the kind…
Section 89H — Complaints to Ombudsman—certain rights not affected by certificates
(1) This section applies if: (a) the Ombudsman has commenced an investigation of a decision made under this Act not to grant a request for access to a document; and (b) the Attorney-General furnishes…
Section 89J — Complaints to Ombudsman—limitation on amending records in reports under the Ombudsman Act 1976
(1) The Ombudsman may, in a report under section 15 of the Ombudsman Act 1976, recommend that an amendment be made to a record that relates to a record of an opinion only if he or she is satisfied of…
Section 89K — Vexatious applicants—declaration
(1) The Information Commissioner may, by written instrument (a vexatious applicant declaration), declare a person to be a vexatious applicant. Note 1: Section 89L sets out the grounds on which a…
Section 89L — Vexatious applicants—grounds for declaration
(1) The Information Commissioner may make a vexatious applicant declaration in relation to a person only if the Information Commissioner is satisfied of any of the following: (a) that: (i) the person…
Section 89M — Vexatious applicants—effect of declaration
(1) A vexatious applicant declaration has effect in accordance with the terms and conditions stated in the declaration. (2) Without limiting subsection (1), a vexatious applicant declaration in…
Section 89N — Vexatious applicants—review by Tribunal
An application may be made to the Tribunal for a review of a decision under section 89K of the Information Commissioner to make a vexatious applicant declaration. Note 1: An application for the…
Section 89P — Staff to hold appropriate security clearance
The Information Commissioner must take all reasonable steps to ensure that a member of the staff of the Office of the Australian Information Commissioner who performs functions or exercises powers…
Section 90 — Protection against civil liability—general
(1) No action for defamation, breach of confidence or infringement of copyright lies against the Commonwealth, a Minister, an agency or an officer of an agency because the Minister, or an officer of…