This Part sets up a system for review of decisions by the
Division 2 sets out the key concepts for the Part.
Division 3 sets out the types of decisions that are reviewable.
Division 4 provides for the making of applications for review by the
Information Commissioner, including the time limits within which applications
must be made.
The Information Commissioner may make preliminary inquiries before deciding
whether or not to conduct a review. In certain circumstances, the
Information Commissioner may decide not to review a decision (or a part of a
decision) (see Division 5).
Division 6 provides for the procedure in an IC review, including the
parties to the proceeding, circumstances in which a hearing may be held and
who bears the onus of proof.
The Information Commissioner may refer questions of law to the Federal Court
of Australia at any time during the review.
The Information Commissioner must make a decision on the review in accordance
with Division 7.
The Information Commissioner has powers to gather information for the purposes
of an IC review (see Division 8).
In certain circumstances, the Inspector-General of Intelligence and Security
must be called to give evidence (see Division 9).
An application for review of a decision of the Information Commissioner may be
made to the Administrative Appeals Tribunal. A review party may appeal to the
Federal Court of Australia, on a question of law, from a decision of the
Information Commissioner (see Division 10).