Proposed updates to draft IC review procedure direction for applicants

Sep 24, 2026

Email and executive brief correspondence proposing updates to the draft Information Commissioner (IC) review procedure direction for applicants. It explains revised content relocating material from Part 10 of the FOI Guidelines and adding annexures covering different cohorts, including deemed access refusals and search processes. It outlines a proposed review-and-search workflow, references statutory considerations under the FOI Act, and summarizes purpose, recommendations, background consultations, and attachments A and B for agency comments and submissions.

LanguageEnglish

CategoryLetters

FormatPDF

Pages610

Reading Time3 h 34 min

AccessFree to download

Purpose and timing

Recommendations

Background

Attachments

Attachment A: Proposed updated draft direction

Attachment B: Summary of agencies’ submissions

From: AGO,Rocelle To: TYDD,Liz Subject: [For FOIC consideration] IC review Procedure Directions and proposed searches process [SEC=OFFICIAL] Date: Monday, 8 April 2024 11:23:08 AM Attachments: RE searches SECOFFICIAL (31.1 KB).msg Dear Liz Draft procedure direction for agencies As requested, we are resubmitting the procedure direction for agencies your reconsideration. The draft procedure direction has been revised to relocate content from Part 10 of the FOI Guidelines and to also include annexures to set out processes for different cohorts (deemed access refusals and searches) as we previously discussed. The Executive Brief on Procedure Direction for agencies, including the draft procedure direction for agency and stakeholder comments is at: D2024/007050 . Draft procedure direction for applicants For your consideration, the draft Executive Brief on Procedure Direction for applicants, includingthe draft procedure direction for agency and stakeholder comments is at D2024/008712 . Proposed searches process Following our discussion on the proposed searches process, please find the proposed searches process set out at D2024/009313 : In summary, the process seeks to commence review and request the respondent to undertake further searches (s 55V) and provide a statement of reasons under s 55E following triage for validity, in the absence of an adequate statement of reasons. The process seeks to follow the process set out in your email attached (Wednesday 21 February) and have included suggested timeframes recognising the automated registration of smartforms and receipt of applications over weekends. The letters drafted also note the required classifications for signatories consistent with the delegations instrument: Delegation of freedom of information powers and functions | OAIC. Kind regards Rocelle Rocelle Ago (she/her) Assistant Commissioner, Freedom of information Office of the Australian Information Commissioner P +612 9942 4205 Ms47F [E ](E rocelle.ago@oaic.gov.au)[ rocelle.ago@oaic.gov.au](E rocelle.ago@oaic.gov.au) The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present. Subscribe to Information Matters Executive brief Responsible Executive Member: Rocelle Ago, Assistant Commissioner FOI | Prepared by: | Jessica Eslick and Sara Peel, Director, Monitoring, Guidance and Engagement | | --- | --- | | To: | Elizabeth Tydd, FOI Commissioner | | Copies: | Karen Tulloch, Raewyn Harlock | | File ref: | D2024/008712 | |
Date: | 4 April 2024 | | Subject: | Proposed updates to draft IC review procedure direction for applicants | Purpose and timing To inform you of the proposed updates to the draft IC review procedure direction for applicants (titled ‘Direction as to certain procedures to be followed in by applicants in Information Commissioner reviews’) (the draft direction) . Recommendations 1. That you note our proposed updates to the draft direction via comments to the draft direction (Attachment A) . 2. That you note our summary of the submissions in response to our consultation, whether we have proposed updates to the draft direction in light of those submissions, and our rationale /comments (Attachment B) . Background The Australian Information Commissioner may give written directions under s 55(2)(e)(ii) of the FOI Act in relation to procedures to be followed in Information Commissioner (IC) reviews. The Information Commissioner has issued 2 directions under s 55(2)(e)(ii), which are currently in effect: • Direction as to certain procedures to be followed in Information Commissioner reviews, which has had effect from 26 February 2018. • Direction as to certain procedures to be followed by applicants in Information Commissioner reviews, which had had effect from 1 September

FAQs

What is the purpose of the proposed updates to the draft IC review procedure direction for applicants?

To inform the recipient of proposed updates to the draft IC review procedure direction for applicants and to support agency and stakeholder comment submissions via the listed attachments.

How has the draft direction been revised for agencies and applicants?

The draft procedure direction has been revised to relocate content from Part 10 of the FOI Guidelines and to include annexures that set out processes for different cohorts, including deemed access refusals and searches.

What does the proposed searches process aim to do during an IC review?

It aims to commence review and request the respondent to undertake further searches, then provide a statement of reasons under s 55E following triage for validity when an adequate statement of reasons is absent.

Sep 24, 2026

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