Freedom of Information Act 1991

Subject to subsection (5), a person who is aggrieved by a determination made by an agency under any other provision of this Part is entitled to a review of the determination.

An application for review of a determination—

must be in writing; and

must be accompanied by such application fee as may be prescribed; and

must be addressed to the principal officer of the agency; and

must specify an address in Australia to which notices under this Act should be sent; and

must be lodged at an office of the agency within 30 days after the day on which notice of the determination was given to the applicant or within such further time as the principal officer of the agency may allow.

On an application for review under this section the agency may confirm, vary or reverse the determination under review.

If on a review the agency varies or reverses a determination so that access to a document is to be given (either immediately or subject to deferral), the agency must refund any application fee paid in respect of the review.

An agency that fails to determine an application made under this section within 14 days after it is received by the agency is, for the purposes of this Act, to be taken to have confirmed the determination in respect of which a review is sought.

A determination is not subject to review under this section if it is made by or at the direction of the principal officer of the agency or at the direction of a person or body to which the principal officer is responsible.