Actions in Respect of Freedom of Information & Judicial Review

NB. – application for declaration or non-prerogative injunction may be made by an application for review if appropriate – s43(2)

The Court may extend the 3 month period.

the relevant day:

·         where the decision includes (or is accompanied by) a statement providing the reasons for the decision, the day the decision document is given to the applicant; or

·         otherwise, where a written statement giving reasons for the decision is provided (other than by way of a request under s 32 of the JR Act) and not later than 28 days after the day on which the decision document is provided to the applicant), the day on which the statement was provided; or

·         otherwise, where a request is made for a statement of reasons, the day on which:

·         the statement is given; or

·         notification is made that the request was not entitled to be made (including by Court order); or

·         notification is made that a statement will not be provided (under ss 33(5) or 37 of the JR Act); or

·         the court makes an order under s 39 of the JR Act declaring that the applicant was not entitled to make the request; or

·         in any other case, the day the document setting out the terms of the decision is provided to the applicant.

A decision-maker may refuse to provide reasons where the request is made:

·         more than 28 days after the provision of a written document setting out the decision in the case of a decision the terms of which were recorded in writing and set out in a document provided to the applicant; or

·         in any other case, the relevant request is not made within a reasonable time after the decision was made.

·         where the decision sets out the findings on material questions of fact, refers to evidence relied upon in reaching the decision and provides the reasons for the decision, the day on which the decision document was furnished to the applicant;

·         or, where no such document exists:

·         if the decision document is in writing, refers to the evidence relied upon in providing the decision, is provided to the applicant (in a manner other than in the manner prescribed under s 13(1) of the ADJR Act and not later than 28 days after the day on which the decision document is provided), the day on which the statement was provided to the applicant;

·         if the applicant requests a statement of reasons in accordance with s 13(1) of the ADJR Act, the day on which the applicant receives notification that:

·         the request was not entitled to be made (including by Court order); or

·         that certain information or the statement in its entirety will not be provided; or

·         in any other case, 28 days from the date the document setting out the terms of the decision was provided to the applicant.

·         in the case of a decision the terms of which were recorded in writing and set out in a document provided to the applicant – not later than 28 days after the day on which the decision document is provided to the person; or

·        in any other case – within a reasonable time after the decision was made.

·         be in writing; and

·         state an address for receipt of notices; and

·         be lodged at an office of the agency or Minister within 20 business days after the date of the written notice of the decision (OR within the further time the agency or the Minister allows).

·         be in writing (including the details of the decision for review); and

·         state an address for receipt of notices; and

·         be lodged at the Office of the Information Commissioner (OIC) within 20 business days from the date of the written notice of the decision (OR within the longer period the Information Commissioner allows).

·         be made within 30 days (OR within the further time the agency allows) after notification of decision to the internal review applicant; or

·         for an access refusal decision of a kind mentioned in paragraph 53A(b), (c) or (f) of the FOI Act, the application must be made within whichever of the following is the longer period:

·         30 days (or such further time as the agency allows), after the day the decision is notified to the internal review applicant; or

·         15 days after the day the access referred to in that paragraph was given (or purported to be given).

Note: Information Commissioner is the Australian Information Commissioner appointed under the Australian Information Commissioner Act 2010 (Cth).

30 days (for an access grant decision).

An application for review of an access grant decision must be made within 30 days after:

·         if a decision is made on internal review, the day notice of the decision was given to the affected third party; or

·         otherwise, the day notice was given to the affected third party.