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

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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

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