FREEDOM OF INFORMATION ACT 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

Division 7 - Decision on IC review  

SECTION 55K   Decision on IC review - decision of Information Commissioner  

55K(1)  
After undertaking an IC review, the Information Commissioner must make a decision in writing:


(a) affirming the IC reviewable decision; or


(b) varying the IC reviewable decision; or


(c) setting aside the IC reviewable decision and making a decision in substitution for that decision.

55K(2)  
For the purposes of implementing a decision on an IC review, the Information Commissioner may perform the functions, and exercise the powers, of the person who made the IC reviewable decision.

55K(3)  
A decision of the Information Commissioner on an IC review has the same effect as a decision of the agency or Minister who made the IC reviewable decision. Content of the decision

55K(4)  
A decision on an IC review must include the following:


(a) a statement of reasons for the decision;


(b) a statement of the rights of the review parties to apply to the Tribunal for review of the decision under section 57A .

55K(5)  
However, a decision on an IC review must not include:


(a) information of the kind referred to in subsection 25(1) ; or


(b) exempt matter.

Note:

Subsection 25(1) deals with information about the existence or otherwise of certain documents.

Providing copy of decision

55K(6)  
The Information Commissioner must give a copy of a decision on an IC review to each review party. Copy of decision prima facie evidence

55K(7)  
A document is prima facie evidence of a decision on an IC review if:


(a) the document purports to be a copy of the decision; and


(b) the document purports to be certified by, or on behalf of, the Information Commissioner to be a true copy of the decision. Publication requirement

55K(8)  
The Information Commissioner must publish a decision on an IC review to members of the public generally.




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