Is the decision to publish information in the disclosure log or the Information Publication Scheme a decision that the Information Commissioner can review?
No. A decision to publish information under the disclosure log or IPS is not a reviewable decision under the FOI Act. Such decisions can however be reviewed under the Administrative Decisions (Judicial Review) Act 1977.
The Information Commissioner may conduct an own motion investigation into an agency’s compliance with the IPS and disclosure log requirements. A complaint about an agency’s IPS or disclosure log compliance may also be made to the Information Commissioner. See Part 14 of the Guidelines.