AAT appeal rights

If you disagree with a decision of an agency or minister made under the Freedom of Information Act 1982 (FOI Act), you can ask the Australian Information Commissioner to review the decision. If you then disagree with the Australian Information Commissioner’s (Information Commissioner) decision, you can appeal to the Administrative Appeals Tribunal (AAT).

You have 28 days after receiving the Information Commissioner's review decision to apply for AAT review. The AAT will reconsider the agency or minister’s decision, and can make a new decision. The Information Commissioner will not be a party to the proceedings.

In normal circumstances, you cannot appeal directly to the AAT for review of a decision made under the FOI Act without first applying for Information Commissioner review. The exception is if the Information Commissioner decides that it would be in the interests of the administration of the FOI Act for the AAT to consider the matter. You also cannot apply for AAT review if the Information Commissioner has decided not to undertake or continue a review.

A fee is required to apply to the AAT, although it can be waived in some circumstances. More information about the AAT review process and applicable fees is available on the AAT website.

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