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Freedom of information reviews and complaints
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Freedom of information merit reviews
About
You can request that the Information Commissioner review a decision made under the Freedom of Information Act 1982 (FOI Act).
Applicants who wish to have an FOI access decision reviewed can seek internal review by the agency or go directly to the Information Commissioner. This provides a further incentive for agencies to ensure the best possible access decision is made at first instance.
Information Commissioner reviews (IC reviews) provide a simple, practical and cost-efficient system for external merits review. Most matters will be reviewed on the basis of the submissions and papers provided by the parties, rather than through formal hearings. Agencies and ministers must use their best endeavours to assist the Information Commissioner to make the correct and preferable decision.
Review officers will be helped in their early evaluation of the merits of the decision under review by considering the primary material and making preliminary inquiries of the agency or minister. An application may be resolved by agreement between the parties, but in other cases the Information Commissioner will issue a written determination affirming, varying or setting aside and substituting the access decision. Applicants who disagree with the Information Commissioner's decision can apply to the Administrative Appeals Tribunal (AAT) for review.
How to request a review
You can request a review:
- in writing or
- by using our online merits review form. This form will be for merits review requests only.
For more information about requesting a review see FOI Fact Sheet 12 Freedom of Information – your review rights.
Information about our online forms can be found in our FAQs.
Guidance for agencies about IC reviews is available in the Publications and resources section of this site.
Please use the following links if you wish to make an enquiry, an FOI complaint or a privacy complaint.
Freedom of information complaints
About
You can make a complaint about an agency under the Freedom of Information Act 1982 (FOI Act).
The Information Commissioner can investigate complaints about the actions of agencies. The Commonwealth Ombudsman may still investigate complaints relating to FOI where that would be more appropriate or effective (for example, where the FOI complaint is only one part of a wider grievance about an agency's actions). In such cases the Information Commissioner and the Commonwealth Ombudsman will consult).
How to make an FOI complaint
You can make a complaint:
- in writing or
- by using our online FOI complaint form. This form is for FOI complaints only.
For more information about making a complaint see FOI Fact Sheet 13.
Information about our online forms can be found in our FAQs.
Guidance for agencies about complaints and investigations are available in the Publications and resources section of this site. If you are not satisifed with the way your matter has been handled, please read our Internal complaint handling and review of decisions policy, available on our Other operational information page.
Please use the following links if you wish to request a review, make an enquiry or a privacy complaint.