The Commonwealth Freedom of Information Act 1982 (FOI Act) provides three forms of review for those people who have sought access to documents under the Act, and are not satisfied with the response of an Australian Government department or agency to their request.
These forms of review include an internal review by the agency you sought the information from; a complaint to the Ombudsman's office about a decision, a delay in providing information, or any other aspect of the agency's handling of your FOI request; or an appeal to the Administrative Appeals Tribunal (AAT) about an adverse internal review decision made by the agency.
If you are dissatisfied with the agency’s decision on your request, you should first ask for the decision to be internally reviewed. If you are not happy with the agency review, you can complain to the Ombudsman or the AAT.
You can complain to the Ombudsman about delays in receiving a decision; denial of access to documents or the agency's response to your request.
The Ombudsman can examine an agency's files and other records. If the Ombudsman finds that your complaint is justified he or she can recommend that the agency releases information, or in the case of delays, that the agency immediately releases the information you requested.
If you make a complaint to the Commonwealth Ombudsman, your right of appeal to the AAT is frozen until the Ombudsman's investigation is finished. You can appeal to the AAT up to 60 days after the Commonwealth Ombudsman has informed you of the outcome of his or her investigation.
