What decisions can the Administrative Appeals Tribunal review?
The Administrative Appeals Tribunal (AAT) can review an IC review decision and a decision by the Information Commissioner to declare a person a vexatious applicant. See Part 10 of the Guidelines. In addition, the Information Commissioner may decide not to undertake an IC review if satisfied that the interests of the administration of the FOI Act make it desirable that the IC reviewable decision be considered by the AAT. See s 54W(b) of the FOI Act and Part 10 of the Guidelines.
For more information about the AAT see their website.
If the Information Commissioner declines to review an IC reviewable decision on the basis that it should be reviewed by the AAT, is the applicant required to pay AAT fees?
Yes, the applicant must pay a fee, subject to exceptions. The full list of the relevant decisions is available on the fees page of the AAT’s website. In certain circumstances, the AAT application fee can be reduced.
What is the Information Commissioner’s role in an AAT review?
The Information Commissioner is not a party to the proceedings in the AAT, except in relation to review of a declaration that a person is a vexatious applicant. See Part 10 of the Guidelines.