Page:Patrick v Australian Information Commissioner (FCAFC).pdf/7

6297380871 first to the Information Commissioner. In turn, decisions of the Information Commissioner may then be the subject of an application for review by the Tribunal: s 57A. In addition, a review party may "appeal" to the Federal Court of Australia on a question of law from a decision of the Information Commissioner: s 56.

16 The text of the provisions of Pt VII of the FOI Act provide for a process of review and resolution with the following relevant features:


 * (1) The Information Commissioner may refer a reviewable decision to the Administrative Appeals Tribunal if satisfied that it is in the interests of justice to do so: s 54W(b), s 57A(1)(b).


 * (2) Before undertaking an IC review, the Information Commissioner must inform the person, agency, or Minister who made the decision, or in the case of a review of a decision to grant access, the person who made the request: s 54Z.


 * (3) Section 55 provides, in wide terms, for the manner in which an IC review is to be undertaken that is flexible in nature. The Information Commissioner may, inter alia:


 * (a) review the decision the subject of the application by considering documents provided to the Information Commissioner;


 * (b) conduct a review without holding a hearing;


 * (c) conduct a review in whatever way is considered appropriate; and


 * (d) use techniques to facilitate an agreed resolution of the matters in issue.


 * (4) Section 55 is complemented by the powers to gather information conferred on the Information Commissioner by Div 8 of Pt VII of the FOI Act.


 * (5) There are special provisions of the FOI Act in relation to the production of documents that are claimed to be exempt documents. The Information Commissioner may require production of a document for the purposes of deciding whether the document is an exempt document: s 55T(2). In relation to national security documents, Cabinet documents, and Parliamentary Budget Office documents, the Information Commissioner may require production of a document for inspection only if not satisfied by evidence on affidavit or otherwise that the document is an exempt document: s 55U(3).


 * (6) The broad discretion given to the Information Commissioner in relation to the manner in which an IC review is to be conducted is subject to the exhortations in s 55(4), which Patrick v Australian Information Commissioner [2024] FCAFC 93