This Part is about investigations by the Information Commissioner and by
Division 2 sets up a system for investigations by the
The Information Commissioner may investigate an action taken by an agency in
the performance of functions or the exercise of powers under this Act on a
complaint from a person, or on the Information Commissioner's initiative.
If a person disputes the merits of an access refusal decision or an
access grant decision, this Act provides elsewhere for the review of that
decision (see Parts VI, VII and VIIA).
However, this does not prevent a person from making a complaint to the
Information Commissioner about the way in which the agency has handled the
The Information Commissioner has powers to obtain documents, to question
persons and to enter premises (see Subdivision D of Division 2).
At the conclusion of the investigation, the Information Commissioner must give
a notice to the complainant and to the respondent agency about the
Information Commissioner's findings, with any recommendations that the
Information Commissioner believes the agency ought to implement (see
If the Information Commissioner is not satisfied that the agency has taken
adequate and appropriate action to implement the recommendations, the
Information Commissioner may take further steps (see sections 89, 89A and
Division 3 deals with the investigation of complaints by the Ombudsman
about action taken under this Act.