Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 55

55. (1) Subject to this section, an application may be made to the
Administrative Appeals Tribunal for review of -

   (a)  a decision refusing to grant access to a document in accordance with a
        request or deferring the provision of access to a document;

   (b)  a decision refusing to allow a further period for making an
        application under sub-section 54 (1) for a review of a decision; or

   (c)  a decision referred to in section 29.

(2) Subject to sub-section (3), where, in relation to a decision referred to
in paragraph (1) (a) or (c), a person is or has been entitled to apply under
section 54 for a review of the decision, that person is not entitled to make
an application under sub-section (1) in relation to that decision, but may
make such an application in respect of the decision made on such a review.

(3) Sub-section (2) does not prevent an application to the Tribunal in respect
of a decision where -

   (a)  the person concerned has applied under section 54 for a review of the
decision;

   (b)  a period of 14 days has elapsed since the day on which he made that
application; and

   (c)  he has not been informed of the result of the review, and such an
        application to the Tribunal may be treated by the Tribunal as having
        been made within the time allowed by sub-section (4) if it appears to
        the Tribunal that there was no unreasonable delay in making the
        application to the Tribunal.

(4) Notwithstanding section 29 of the Administrative Appeals Tribunal Act
1975, the period within which (subject to any extension granted by the
Tribunal) an application under sub-section (1) of this section is to be made
in respect of a decision is -

   (a)  except where paragraph (b) or (c) applies - the period commencing on
        the day on which notice of the decision was given to the applicant in
        accordance with section 26 and ending on the sixtieth day after that
        day;

   (b)  where the decision is a decision that is to be deemed by sub-section
        56 (1) or (3) to have been made - the period commencing on the day on
        which the decision is to be deemed to have been made and ending on the
        sixtieth day after that day; or

   (c)  where sub-section 57 (4) is applicable - the period commencing on the
        day on which the Ombudsman has informed the applicant as referred to
        in that sub-section and ending on the sixtieth day after that day.