Freedom of Information Act 1982


Division 2 - Tribunal reviewable decisions  

SECTION 57A   Tribunal reviewable decisions - which decisions are reviewable?  

An application may be made to the Tribunal for review of the following decisions:

(a) a decision of the Information Commissioner under section 55K on an IC review;

(b) if the Information Commissioner makes a decision under paragraph 54W(b) (matters inappropriate for IC review) - the IC reviewable decision in relation to which the Information Commissioner makes the decision.

Note 1:

An application for the review of a decision may be made by a person whose interests are affected by the decision (see section 27 of the Administrative Appeals Tribunal Act 1975 ).

Note 2:

Subsection 29(2) of the Administrative Appeals Tribunal Act 1975 sets out the time within which the application for review must be made.

Time for applying to Tribunal if Information Commissioner declines to review decision

Despite subsection 29(2) of the Administrative Appeals Tribunal Act 1975 , for the purposes of paragraph 29(2)(d) of that Act, the prescribed time for a person to lodge an application for review of an IC reviewable decision mentioned in paragraph (1)(b) of this section is the period:

(a) starting on the day on which the decision by the Information Commissioner under paragraph 54W(b) of this Act is made; and

(b) ending on the 28th day after the day on which notice of the decision under paragraph 54W(b) was given to the person under section 54X of this Act.

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