FREEDOM OF INFORMATION ACT 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

Division 10 - Appeals  

SECTION 56   Appeals - appeals to Federal Court of Australia on questions of law  

56(1)  
A review party may appeal to the Federal Court of Australia, on a question of law, from a decision of the Information Commissioner on an IC review.

56(2)  
An appeal under this section must be instituted:


(a) either:


(i) not later than 28 days after the day a decision under section 55K of the Information Commissioner on an IC review is given to the review party; or

(ii) within the further time that the Federal Court of Australia allows; and


(b) in any way that is prescribed by rules of court made under the Federal Court of Australia Act 1976 .

56(3)  
The Federal Court of Australia has jurisdiction to hear and determine appeals instituted under this section.

56(4)  
The jurisdiction of the Federal Court of Australia under subsection (3) includes jurisdiction to make findings of fact under section 56A .

56(5)  
The Federal Court of Australia:


(a) must hear and determine the appeal; and


(b) may make any order or orders that it thinks appropriate by reason of its decision.

56(6)  
Without limiting subsection (5), the orders that the Federal Court of Australia may make include the following:


(a) an order affirming the decision of the Information Commissioner;


(b) an order setting aside the decision of the Information Commissioner and making a decision in substitution for the decision;


(c) an order remitting the case to be considered and decided again by the Information Commissioner in accordance with the directions of the Court:


(i) with or without the holding of a hearing; and

(ii) with or without the hearing of further evidence.



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