Foi Sample Notice Internal Review Decision

Notice of internal review decision (s 54C(4))
Note on sample
This sample notice has been developed for agencies to send applicants who have requested
internal review of an access refusal decision. There is a separate sample notice available for
agencies notifying a third party of an internal review decision to grant access.
Agencies can also adapt this notice for other internal review decisions, such as:
 a decision relating to the imposition of a charge
 a decision to give access to a qualified person.
Dear [applicant name]
Freedom of information request no. [Insert identifier number/code]

The purpose of this letter is to advise you of my decision following your request for internal
review of [name of agency]’s decision to refuse access to documents you requested under
the Freedom of Information Act 1982 (FOI Act).
Summary
I, [insert name, position], am an officer authorised under section 23(1) of the FOI Act to
make decisions in relation to FOI requests.
You requested access to documents relating to [subject of request] on [insert date].

Specifically you sought access to:
 [quote or accurately paraphrase the terms of the request, including any clarification
or variation in its scope resulting from subsequent consultation with the applicant.]
You were advised on [insert date] of the decision to refuse access to [the documents/[insert
number] of the [insert total number] documents] you requested. You asked for internal
review of that decision on [insert date].
[Explain the background to the internal review. Relevant information could include:
 information provided by the applicant in their application for internal review
 any revisions the applicant has made to their request during the processing period
 any correspondence entered into by the applicant or agency during the processing
period
 any other background material that provides context for the processing of the
request.
In reviewing our earlier decision, I identified [insert figure] document[s] which fell within the
scope of your request. I did this by [provide details of how you searched and located documents.
This information should include where and how you searched; key search results and the key words
that you used to search for documents For further information about what constitutes a
reasonable search for documents, see the Guidelines issued by the Australian Information
Commissioner under section 93A of the Freedom of Information Act 1982, Part 3 (Processing
and deciding on requests for access), available at https://www.oaic.gov.au/freedom-of-
information/foi-guidelines/part-3-processing-and-deciding-on-requests-for-access/ and
Agency resource and search minute Processing FOI requests: taking all reasonable steps to
find documents.]. [Specify any additional documents that were located beyond those
identified in the original decision.]
With regard to those documents (set out in the schedule attached), I have decided: [insert
summary of decision].
The attached schedule of documents provides a description of each document that falls
within the scope of your request and the access decision for each of those documents. In
the schedule, I have specified where my decision is different to our earlier decision.
Decision and reasons for decision

With regard to the documents identified in the attached schedule, I have decided: [insert the
following as appropriate, insert additional bullets for each additional respective exemption
type, specify if the decision varies the agency’s earlier decision]
 to grant access in full to documents [insert document numbers as marked in schedule
if applicable, eg 5, 6 and 12] [note if access has already been given or if third party
review rights apply]
 to grant access in part to documents [insert document numbers] with
[exempt/irrelevant] matter deleted under section 22 [and exempt under [insert
relevant section number] ([insert nature of exemption, eg ‘Exemptions – Documents
subject to legal professional privilege’])]
 to defer access to documents [insert document numbers] under section 21(1)([insert
subsection]) ([insert reason for deferment, eg ‘premature release of the document
would be contrary to the public interest’] until [insert date].
 to refuse access to documents [insert document numbers] under section [insert
relevant section number] ([insert nature of exemption, eg ‘Exemptions – Documents
to which secrecy provisions of enactments apply’])
 to refuse access to documents [insert document numbers] under section [insert
relevant section number] ([insert nature of exemption, eg ‘Public interest conditional
exemptions – personal privacy’]) as providing access would be contrary to the public
interest
 to refuse access to documents [insert document numbers] under section 24A(1)(b)(ii)
(documents do not exist).
Material taken into account

I have taken the following material into account in making my decision:
 [insert the following as appropriate]
 the content of the documents that fall within the scope of your request
 [details of any relevant correspondence entered into by applicant and agency
including the applicant’s submission as to why an internal review was needed]
 the FOI Act (specifically sections [insert applicable sections])
 the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act
 the views of a third party consulted by the [Department/name of agency] under
section [26A/26AA/27/27A]
 [insert further items as appropriate]
The schedule indicates each document to which access is refused. My reasons for refusing
access are given below.
[Insert reasoning explaining each access decision. The sample section 26 notice provides an
example of what to include. Where the internal review decision diverges from the original
decision, make this clear.]
Your review rights

If you are dissatisfied with my decision, you may apply to the Australian Information
Commissioner for review. An application for review by the Information Commissioner must
be made in writing within 60 days of the date of this letter, and be lodged in one of the
following ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICR_10
email: [email protected]
post: GPO Box 5218 Sydney NSW 2001
More information about Information Commissioner review is available on the Office of the Australian
Information Commissioner website. Go to https://www.oaic.gov.au/freedom-of-information/reviews-
and-complaints/information-commissioner-review/.
FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we
could have done better. We may be able to rectify the problem. If you are not satisfied with our
response, you can make a complaint to the Australian Information Commissioner. A complaint to
the Information Commissioner must be made in writing. Complaints can be lodged in one of the
following ways:
online: https://forms.business.gov.au/smartforms/servlet/SmartForm.html?formCode=ICCA_1
email: [email protected]
post: GPO Box 5218 Sydney 2001
More information about complaints is available on the Office of the Australian Information
Commissioner at https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-
an-foi-complaint/.
If you are not sure whether to lodge an Information Commissioner review or an Information
Commissioner complaint, the Office of the Australian Information Commissioner has more
information at: https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Questions about this decision

If you wish to discuss this decision, please contact [me, using the details below/the following
officer]:
[Insert officer name, position and contact details]
Yours sincerely
Attachments
1. Schedule of documents
2. [Insert others as necessary – eg relevant excerpts of FOI Act, OAIC Guidance and
Advice, relevant correspondence, text of original request etc]

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Notice of internal review decision (s 54C(4))

Dear [applicant name]

Freedom of information request no. [Insert identifier number/code]

You requested access to documents relating to [subject of request] on [insert date].

Decision and reasons for decision

Material taken into account

Your review rights

post: GPO Box 5218 Sydney NSW 2001

post: GPO Box 5218 Sydney 2001

Questions about this decision

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