The Office of the Australian Information Commissioner (OAIC) has released updated procedures for applicants seeking Information Commissioner (IC) reviews under the Freedom of Information Act 1982 (Cth). These guidelines aim to streamline the review process and promote efficiency in handling Freedom of Information (FOI) disputes.
Key changes include a new online application form and specific requirements for contact details and supporting documentation. Applicants must provide a copy of the original FOI decision or request, explain why they disagree with the decision, and identify which documents or exemptions are in contention.
The guidelines also emphasise early engagement between parties to resolve or narrow issues in dispute. Agencies and Ministers are required to contact applicants, preferably via video or telephone conference, to attempt resolution before proceeding with a full review.
Timelines for responses and submissions have been tightened, with extensions granted only in exceptional circumstances. The OAIC expects all parties to engage in the process with respect and courtesy.
A notable feature is the ability for agencies to make “revised decisions” during the review process. Applicants must explain why they wish to continue with the review if they remain unsatisfied with a revised decision.
The new procedures also address confidentiality concerns, allowing applicants to request that certain submissions be treated confidentially. However, the OAIC maintains its commitment to transparency, with final decisions being published online. Although to protect privacy, individuals will not be named in published decisions unless specifically requested. Organisations seeking anonymity must provide reasons for consideration.
These updated guidelines reflect the OAIC’s efforts to balance efficiency, fairness, and transparency in the IC review process, aiming to resolve FOI disputes more effectively while maintaining the integrity of the system.
For a full reading of the new procedures, see here.
