Notice of internal review decision (s 54C(4))
Note on sample
This sample notice has been developed for agencies to send applicants who have requested internal review of an access refusal decision. There is a separate sample notice available for agencies notifying a third party of an internal review decision to grant access.
Agencies can also adapt this notice for other internal review decisions, such as: 
•	a decision relating to the imposition of a charge
•	a decision to give access to a qualified person.

Dear [applicant name]
Freedom of information request no. [Insert identifier number/code]
The purpose of this letter is to advise you of my decision following your request for internal review of [name of agency]’s decision to refuse access to documents you requested under the Freedom of Information Act 1982 (FOI Act). 
Summary
I, [insert name, position], am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to FOI requests.
You requested access to documents relating to [subject of request] on [insert date]. Specifically you sought access to:
•	[quote or accurately paraphrase the terms of the request, including any clarification or variation in its scope resulting from subsequent consultation with the applicant.]
You were advised on [insert date] of the decision to refuse access to [the documents/[insert number] of the [insert total number] documents] you requested. You asked for internal review of that decision on [insert date].
[Explain the background to the internal review. Relevant information could include:
•	information provided by the applicant in their application for internal review
•	any revisions the applicant has made to their request during the processing period
•	any correspondence entered into by the applicant or agency during the processing period
•	any other background material that provides context for the processing of the request.
In reviewing our earlier decision, I identified [insert figure] document[s] which fell within the scope of your request. I did this by [provide details of how you searched and located documents. This information should include where and how you searched; key search results and the key words that you used to search for documents For further information about what constitutes a reasonable search for documents, see the Guidelines issued by the Australian Information Commissioner under section 93A of the Freedom of Information Act 1982, Part 3 (Processing and deciding on requests for access), available at https://www.oaic.gov.au/freedom-of-information/foi-guidelines/part-3-processing-and-deciding-on-requests-for-access/ and Agency resource and search minute Processing FOI requests: taking all reasonable steps to find documents.]. [Specify any additional documents that were located beyond those identified in the original decision.]
With regard to those documents (set out in the schedule attached), I have decided: [insert summary of decision].
The attached schedule of documents provides a description of each document that falls within the scope of your request and the access decision for each of those documents. In the schedule, I have specified where my decision is different to our earlier decision.
Decision and reasons for decision
With regard to the documents identified in the attached schedule, I have decided: [insert the following as appropriate, insert additional bullets for each additional respective exemption type, specify if the decision varies the agency’s earlier decision]
•	to grant access in full to documents [insert document numbers as marked in schedule if applicable, eg 5, 6 and 12] [note if access has already been given or if third party review rights apply]
•	to grant access in part to documents [insert document numbers] with [exempt/irrelevant] matter deleted under section 22 [and exempt under [insert relevant section number] ([insert nature of exemption, eg ‘Exemptions – Documents subject to legal professional privilege’])]
•	to defer access to documents [insert document numbers] under section 21(1)([insert subsection]) ([insert reason for deferment, eg ‘premature release of the document would be contrary to the public interest’] until [insert date].
•	to refuse access to documents [insert document numbers] under section [insert relevant section number] ([insert nature of exemption, eg ‘Exemptions – Documents to which secrecy provisions of enactments apply’])
•	to refuse access to documents [insert document numbers] under section [insert relevant section number] ([insert nature of exemption, eg ‘Public interest conditional exemptions – personal privacy’]) as providing access would be contrary to the public interest
•	to refuse access to documents [insert document numbers] under section 24A(1)(b)(ii) (documents do not exist).
Material taken into account
I have taken the following material into account in making my decision:
•	[insert the following as appropriate]
•	the content of the documents that fall within the scope of your request
•	[details of any relevant correspondence entered into by applicant and agency including the applicant’s submission as to why an internal review was needed]
•	the FOI Act (specifically sections [insert applicable sections])
•	the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
•	the views of a third party consulted by the [Department/name of agency] under section [26A/26AA/27/27A]
•	[insert further items as appropriate]
The schedule indicates each document to which access is refused. My reasons for refusing access are given below.
[Insert reasoning explaining each access decision. The sample section 26 notice provides an example of what to include. Where the internal review decision diverges from the original decision, make this clear.]
Your review rights
If you are dissatisfied with my decision, you may apply to the Australian Information Commissioner for review. An application for review by the Information Commissioner must be made in writing within 60 days of the date of this letter, and be lodged in one of the following ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
email: foidr@oaic.gov.au 
post:	GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the Australian Information Commissioner website. Go to https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-commissioner-review/. 
FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we could have done better. We may be able to rectify the problem. If you are not satisfied with our response, you can make a complaint to the Australian Information Commissioner. A complaint to the Information Commissioner must be made in writing. Complaints can be lodged in one of the following ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_1
email: foidr@oaic.gov.au
post: GPO Box 5218 Sydney 2001
More information about complaints is available on the Office of the Australian Information Commissioner at https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-complaint/.
If you are not sure whether to lodge an Information Commissioner review or an Information Commissioner complaint, the Office of the Australian Information Commissioner has more information at: https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Questions about this decision
If you wish to discuss this decision, please contact [me, using the details below/the following officer]:
	[Insert officer name, position and contact details]
Yours sincerely

Attachments
1.	Schedule of documents
2.	[Insert others as necessary – eg relevant excerpts of FOI Act, OAIC Guidance and Advice, relevant correspondence, text of original request etc]