Upcoming changes to the Information Commissioner review procedure

Last updated: 17 May 2024

The OAIC will revise its Information Commissioner review procedure directions for agencies and applicants following a consultation process.

The 2 revised procedure directions will commence from 1 July 2024. The procedure directions are made under s 55(2)(e)(i) of the Freedom of Information Act 1982.

This webpage will be updated to include additional new resources for agencies and ministers.

Key revisions to the IC review procedure directions will include:

• a requirement that respondents engage, or attempt to engage, with the applicant during the IC review, with a view to resolve or narrow the matters at issue
• a requirement that applicants and respondents send submissions to each other at the same time as they send them to the OAIC, and
• specific procedures for certain types of IC reviews, including reviews of deemed access refusal decisions, and access refusal decisions that are made on the basis that documents cannot be found or do not exist.