Freedom of Information Act 1982


Division 6 - Procedure in IC review  

SECTION 55E   Procedure in IC review - inadequate reasons from decision maker  

This section applies if:

(a) an IC review application is made in relation to an IC reviewable decision made by an agency or a Minister; and

(b) the agency or Minister was required to provide a statement of reasons under section 26 for the decision to the person who made the request; and

(c) the Information Commissioner believes that:

(i) no statement has been provided; or

(ii) the statement that has been provided is inadequate.

The Information Commissioner may, by notice in writing, require the agency or Minister to provide an adequate statement of reasons as mentioned in subsection 26(1) .

If the Information Commissioner gives notice under subsection (2), the agency or Minister must provide the adequate statement of reasons to the IC review applicant and the Information Commissioner within:

(a) the period specified in the notice; or

(b) if no period is specified in the notice - 28 days after the day the notice was given to the agency or Minister.

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