Freedom of Information Act 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER

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Division 10 - Appeals

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

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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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History

S 56 substituted by No 51 of 2010, s 3 and Sch 4 item 34, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010. S 56 formerly read:

SECTION 56 Application to Tribunal where decision delayed
56(1)
Subject to this section, where:

(a) a request has been made to an agency or Minister in accordance with section 15 ; and

(b) the period of 30 days, in relation to the request, mentioned in paragraph 15(5)(b) , or that period as extended under subsection 15(6) , has expired since the day on which the request was received by or on behalf of the agency or Minister; and

(c) notice of a decision on the request has not been received by the applicant;
the principal officer of the agency or the Minister shall, for the purpose of enabling an application to be made to the Tribunal under section 55 , be deemed to have made, on the last day of that period, a decision refusing to grant access to the document.

56(1A)
Subject to this section, where:

(a) an application has been made to an agency or Minister under section 48 ; and

(b) a period of 30 days, in relation to the application, mentioned in section 51D has expired since the day on which the application was received by or on behalf of the agency or Minister; and

(c) notice of a decision on the request has not been received by the applicant;
the principal officer of the agency or the Minister is, for the purpose of enabling an application to be made to the Tribunal under section 55 , taken to have made, on the last day of that period, a decision refusing to amend or annotate the record of personal information to which the application relates.

56(2)
Where a complaint is made to the Ombudsman under the Ombudsman Act 1976 concerning failure to make and notify to the applicant a decision on a request (whether the complaint was made before or after the expiration of the period referred to in subsection (1) or (1A), as the case may be), an application to the Tribunal under section 55 of this Act by virtue of this section shall not be made before the Ombudsman has informed the applicant of the result of the complaint in accordance with section 12 of the Ombudsman Act 1976 .

56(3)
Where such a complaint is made before the expiration of the period referred to in subsection (1) or (1A), as the case may be, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that there has been unreasonable delay by an agency in connection with the request, grant to the applicant a certificate certifying that he or she is of that opinion, and, if the Ombudsman does so, the principal officer of the agency or the Minister, as the case requires, shall, for the purpose of enabling application to be made to the Tribunal under section 55 , be deemed to have made, on the day on which the certificate is granted, a decision refusing to grant access to the document.

56(4)
The Ombudsman shall not grant a certificate under subsection (3) where the request to which the complaint relates was made to, or has been referred to, a Minister and is awaiting decision by him or her.

56(5)
Where, after an application has been made to the Tribunal by virtue of this section but before the Tribunal has finally dealt with the application, a decision is given, other than a decision:

(a) to grant, without deferment, access to the document in accordance with the request; or

(b) to amend or annotate the record of personal information to which the application relates;
the Tribunal may treat the proceedings as extending to a review of that decision in accordance with this Part.

56(6)
Before dealing further with an application made by virtue of this section, the Tribunal may, on the application of the agency or Minister concerned, allow further time to the agency or Minister to deal with the request.

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