Freedom of Information Act 1982


Division 5 - Decision to review  


54W   Decision to review - discretion not to review  

The Information Commissioner may decide not to undertake an IC review, or not to continue to undertake an IC review, if:

(a) the Information Commissioner is satisfied of any of the following:

(i) the IC review application is frivolous, vexatious, misconceived, lacking in substance or not made in good faith;

(ii) the IC review applicant has failed to cooperate in progressing the IC review application, or the IC review, without reasonable excuse;

(iii) the Information Commissioner cannot contact the IC review applicant after making reasonable attempts; or

(b) the Information Commissioner is satisfied that the interests of the administration of this Act make it desirable that the IC reviewable decision be considered by the Tribunal; or

(c) the IC review applicant fails to comply with a direction of the Information Commissioner.

Note 1:

The Information Commissioner may make a decision under this section to review only part of an IC reviewable decision (see section 54U ).

Note 2:

If the Information Commissioner makes a decision under paragraph (b), an application for review may be made to the Tribunal for review of the IC reviewable decision (see section 57A ).

Note 3:

Division 1 of Part VIII sets out the circumstances in which a vexatious applicant declaration may be made in relation to a person. A declaration may permit the Information Commissioner to refuse to consider an IC review application if the person makes the IC review application under this section without the written permission of the Information Commissioner.

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.