Agreement to settle IC review proceedings (s 55F)
Note on sample notice
At any stage during an Information Commissioner review (IC review), the review parties may reach agreement (under s 55F of the Freedom of Information Act 1982) as to the terms of a decision on an IC review. The agreement must be in writing, signed by the review parties and submitted to the Information Commissioner. The Information Commissioner may then make a decision in accordance with the agreement without completing the IC review. There is also the option for the parties to come to an agreement about part of the review matter. In this case, the IC review would deal only with the matters falling outside of the agreement.
Agencies are advised to be specific, to be clear about what terms are being agreed to and to specify what documents are to be released in whole or partially. Contacting the Office of the Australian Information Commissioner to discuss the proposed terms of the agreement is also encouraged.
All the review parties must agree to the terms of the agreement. For example, if there are affected third parties involved in the review they must also reach agreement and must not be excluded from an agreement between the applicant and agency.
The sample agreement below provides a model that agencies can use to draft a s 55F agreement. It can also be adapted for agreements relating to part of an IC review matter. 
Dear [applicant name]
Freedom of information request no.	 [insert agency reference number]
 [insert OAIC reference number]
I refer to our telephone discussion on [insert date] concerning your application to the Office of the Australian Information Commissioner (OAIC) for review of our decision on [insert date] to [refuse to reduce / waive the charge of [insert amount of charge and terms of request] / refuse access to [insert details of FOI access request] / refuse to amend [insert details of amendment request]].
I am writing to you to seek agreement under section 55F of the Freedom of Information Act 1982 (FOI Act) to [provide broad terms of agreement, for example, ‘to provide access to additional documents the subject of the IC review in whole or with agreed redaction’].
Information Commissioner review
[Insert an outline of the IC review matter before the OAIC. Outline the documents affected and give a brief summary of the reasons previously given for withholding the documents or refusing to amend them. For an IC review relating to a charge decision, give a brief overview of the decision and any reasons given for not reducing or waiving the charge amount.]
[Name of agency] proposes to [accurately outline the terms of the agreement. For example, explain which additional documents you propose to release in full or in part.] 
These terms to settle proceedings are set out in the enclosed agreement. Two copies of the agreement have been included — one for you to sign and send back to us if you agree to its terms, and one for you to keep for your records.
Agreement under section 55F of the FOI Act
Section 55F of the FOI Act provides a mechanism by which the Information Commissioner may resolve an IC review at any time by giving effect to an agreement between the parties. A copy of section 55F is attached for your reference.
If you agree to the terms of the proposal set out in the enclosed agreement, please sign and return a copy of the agreement to [insert postal address]. We will notify the OAIC of your response.
If you wish to discuss this letter, please contact [me, using the details below/the following officer]:
	[Insert officer name, position and contact details]

Yours sincerely

Agreement as to terms of decision on IC review
s 55F of the Freedom of Information Act 1982

Between:	[Applicant name]
	[Applicant address] 

          and:	[Agency name]
		[Agency street address]

This agreement as to the terms of a decision on IC review [IC review number] is between the parties to the review, [Applicant name] and the [Agency name] (‘[agency abbreviation]’). The parties to this review agree that:
1.	[First term of agreement]

2.	[Second term of agreement]

3.	[etc.]

[Note: for an agreement to be implemented by the Information Commissioner under s 55F, the Commissioner must be satisfied that a decision consistent with the terms of the agreement would be within the Commissioner’s powers (see s 55F(1)(d) and s 55F(2)(a)).

That is, the agreement must be to something that the Information Commissioner could have decided had the IC review continued to completion: for example, a decision that charges should be waived; that documents are exempt, or not exempt; or that a practical refusal reason does or does not exist.

An agreement can include terms that are not within the powers of the Information Commissioner under the FOI Act, but those terms will not form part of the decision made under s 55F, though they may be noted in that decision. Examples of terms that would not be within the Commissioner’s powers include an agreement that an agency will apologise or take some other remedial action, or a timeline for agreed action not drawn from the FOI Act.]

…………………………………………….		…………………………………………….
[Name]				[Agency name] 
[Month] [Year]			[Month] [Year]