Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 54

             (1)  Subject to subsection (1A), where a decision has been made, in relation to a request to an agency, otherwise than by the responsible Minister or principal officer of the agency, being:

                     (a)  a decision refusing to grant access to a document in accordance with a request; or

                     (b)  a decision granting access to a document but not granting, in accordance with the request, access to all documents to which the request relates; or

                    (ba)  a decision purporting to grant, in accordance with a request, access to all documents to which the request relates, but not actually granting that access; or

                     (c)  a decision to defer the provision of access to a document; or

                     (d)  a decision under section 29 relating to imposition of a charge or the amount of a charge; or

                     (e)  a decision under section 30A relating to remission of an application fee; or

                      (f)  a decision to grant access to a document only to a qualified person under subsection 41(3); or

                     (g)  a decision refusing to amend a record of personal information in accordance with an application made under section 48; or

                     (h)  a decision refusing to annotate a record of personal information in accordance with an application made under section 48;

the applicant may, by application in writing to the agency accompanied by any application fee in respect of the application, request a review of the decision.

          (1A)  The application must be made:

                     (a)  in the case of a decision of a kind mentioned in paragraphs (1)(a), (c), (d), (e), (g) and (h)--within 30 days, or such further period as the agency allows, after the day on which the decision is notified to the applicant; or

                     (b)  in the case of a decision of a kind mentioned in paragraph (1)(b), (ba) or (f):

                              (i)  within 30 days, or such further period as the agency allows, after the day on which the decision is notified to the applicant; or

                             (ii)  within 15 days after the day on which the access referred to in that paragraph was granted;

whichever period is longer.

          (1B)  A decision by an agency to allow a further period for making an application may be made whether or not the time for making such an application has already expired.

          (1C)  Subject to subsection (1F), where:

                     (a)  arrangements of the kind mentioned in section 26A have been entered into between the Commonwealth and a State; and

                     (b)  an agency has decided, in relation to a request to the agency for access to a document that relates to the State in a way mentioned in paragraph 26A(1)(a), that the document, or an edited copy of the document, is not an exempt document under section 33A; and

                     (c)  the decision was not made by the responsible Minister or principal officer of the agency;

the State may, by application in writing to the agency, request a review of the decision.

          (1D)  Subject to subsection (1F), where:

                     (a)  on a request of a kind mentioned in subsection 27(1) being made to an agency, the agency has decided that the document to which the request relates, or an edited copy of the document, being a document or edited copy that contains information concerning a person, organisation or proprietor of an undertaking, is not an exempt document under section 43 by virtue of containing that information; and

                     (b)  the decision was not made by the responsible Minister or principal officer of the agency;

the person, organisation or proprietor may, by application in writing to the agency, request a review of the decision.

           (1E)  Subject to subsection (1F), where:

                     (a)  on a request of a kind mentioned in subsection 27A(1AA) being made to an agency, the agency has decided that the document to which the request relates, or an edited copy of the document, being a document or edited copy that contains personal information about a person, is not an exempt document under section 41 by virtue of containing that information; and

                     (b)  the decision was not made by the responsible Minister or principal officer of the agency;

the person may, by application in writing to the agency, request a review of the decision.

           (1F)  An application under subsection (1C), (1D) or (1E) must be made within 30 days, or such further period as the agency allows, after the day on which notice of the decision was given to the applicant.

          (1G)  An agency's power under subsection (1A) or (1F) to allow a further period for making an application may be exercised by an officer of the agency acting within the scope of authority exercisable by him or her in accordance with the arrangements approved by the responsible Minister or principal officer of the agency.

             (2)  Subject to subsection (3), where an application for a review of a decision is made to the agency under this section, it must as soon as practicable arrange for a person (not being the person who made the decision) to conduct such reviews to review the decision and make a fresh decision.

             (3)  Subsections (1), (1C), (1D) and (1E) do not apply in relation to:

                     (a)  a decision made on a review under this section; or

                     (b)  a decision in relation to the provision of access to a document upon a request that is, under subsection 56(1) or (3), to be deemed to have been given.

             (4)  The provisions of section 26 extend to a decision made under this section.