Other decisions

We can review a decision made under the Freedom of Information Act 1982 by an agency or Minister, if the Office of the Australian Information Commissioner (OAIC) has:

• completed a review of the Freedom of Information (FOI) decision
• decided not to undertake or continue a review because the OAIC thinks it should be considered by the Tribunal.

We can also review some decisions made under the Archives Act 1983 and the Privacy Act 1988.

An application can be made by any person whose interests are affected by the decision, including the agency or Minister who made the decision.

The decision letter should tell you if we can review the decision.

The easiest and safest way to apply for a review is online. 

To create an account and lodge an application online, you will need a valid email address and information about the decision you want us to review. 

Find out more about using our online services.

You must apply for a review of most decisions within 28 days after you receive the decision. For some types of decisions, it is longer and for others it is shorter. 

You can check the decision letter to find out what the time limit is to lodge an application for review. 

Requesting an extension

You can apply to us to extend the time limit to lodge your application. You must apply in writing and include reasons why the application is late. You can do this:

• when you lodge your application for review online
• when you fill in the application form
• by writing an email or letter.

What happens after you apply for an extension of time?

We will send a copy of your extension application to the agency or Minister and any other party. They have 14 days to tell us if they oppose the application.

If they do not oppose the application, we will generally make a decision without holding a hearing. If they oppose the application, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at our offices.

We will only start the review if we decide to extend the time limit.

You will usually need to pay an application fee to apply to the Administrative Review Tribunal.

The standard application fee is $1,121.

You should pay the fee when you lodge the application. We will not start the review until you pay the fee. If the fee isn’t paid within 6 weeks after the application is lodged, it may be dismissed. 

After you submit an application, we will send you a confirmation letter explaining what will happen next.

We will also notify other parties to the review that we have received the application. Along with you, the parties are:

• the person who made the original request for access to documents (if they are not the applicant)
• the agency or the Minister who made the FOI decision (if they are not the applicant
• any other person who is a party to the review.

If representing yourself, we will usually call you within 6 weeks after we receive the application to explain the review process and ask whether you need additional assistance, such as an interpreter.

The agency or the Minister must also notify any third party who was consulted about the documents that an application has been made to the Tribunal. A third party can apply to be made a party to the review by using the Application to be made a Party form.

You can look at the Freedom of Information Practice Direction [PDF, 290 KB] for more information about what happens after an application is lodged.

If the agency or the Minister claims that a document is exempt because its release might cause damage to Australia’s national security, defence or international relations, we will notify the Inspector-General of Security of the review.

You can find out what usually happens next in the After applying section.

It is important to us that you are able to fully participate in the review and present your case.

Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.

However, we understand that you may need or want assistance with your review, or other kinds of support.

We can review decisions made by the:

• Australian Border Force
• Australian Charities and Not-for-profits Commission
• Australian Financial Security Agency
• Australian Prudential Regulation Authority
• Australian Securities and Investments Commission
• Companies Auditors Disciplinary Board
• Tax Practitioners Board.

The decision letter should tell you if we can review the decision.

The easiest and safest way to apply for a review is online. 

To create an account and lodge an application online, you will need a valid email address and information about the decision you want us to review. 

Find out more about using our online services.

You must apply for a review of most decisions within 28 days after you receive the decision. For some types of decisions, it is longer and for others it is shorter. 

You can check the decision letter to find out what the time limit is to lodge an application for review. 

Requesting an extension

You can apply to us to extend the time limit to lodge your application. You must apply in writing and include reasons why the application is late. You can do this:

• when you lodge your application for review online
• when you fill in the application form
• by writing an email or letter.

What happens after you apply for an extension of time?

We will send a copy of your extension application to the agency or Minister and any other party. They have 14 days to tell us if they oppose the application.

If they do not oppose the application, we will generally make a decision without holding a hearing. If they oppose the application, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at our offices.

We will only start the review if we decide to extend the time limit.

You will usually need to pay an application fee to apply to the Administrative Review Tribunal.

The standard application fee is $1,121.

You should pay the fee when you lodge the application. We will not start the review until you pay the fee. If the fee isn’t paid within 6 weeks after the application is lodged, it may be dismissed. 

After you submit an application, we will send you a confirmation letter explaining what will happen next.

We will also notify other parties to the review that we have received the application. Along with you, the parties are:

• the decision maker
• any other person who is a party to the review.

If you are representing yourself, we will usually call you within 6 weeks after we receive the application to explain the review process and ask whether you need additional assistance, such as an interpreter.

You can find out what usually happens next in the After applying section.

You can also look at the Common Procedures Practice Direction [PDF, 425 KB] for further detail.

It is important to us that you are able to fully participate in the review and present your case.

Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.

However, we understand that you may need or want assistance with your review, or other kinds of support.

We can review adverse or qualified security assessments made by the Australian Security Intelligence Organisation (ASIO).

The letter notifying you of the assessment should tell you if we can review the decision.

We cannot:

• review a security assessment that has not been issued by ASIO.
   

The easiest and safest way to apply for a review is online. 

To create an account and lodge an application online, you will need a valid email address and information about the decision you want us to review. 

Find out more about using our online services.

You must apply for a review of a security assessment within 28 days after you receive the decision. 

You will usually need to pay an application fee to apply to the Administrative Review Tribunal.

The standard application fee is $1,121.

You should pay the fee when you lodge the application. We will not start the review until you pay the fee. If the fee isn’t paid within 6 weeks after the application is lodged, it may be dismissed. 

After you submit an application, we will send you a confirmation letter explaining what will happen next.

We will also notify other parties to the review that we have received the application. Along with you, the parties are:

• the Director-General of Security
• any other person who is a party to the review.

If you are representing yourself, we will usually call you within 6 weeks after we receive the application to explain the review process and ask whether you need additional assistance, such as an interpreter.

You can find out what usually happens next in the After applying section.

You can also look at the Common Procedures Practice Direction [PDF, 425 KB] for further detail.

It is important to us that you are able to fully participate in the review and present your case.

Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.

However, we understand that you may need or want assistance with your review, or other kinds of support.

We can review many other decisions made under Commonwealth laws, including decisions about: 

• childcare services
• civil aviation
• education regulation
• passports
• privacy
• unpaid employment entitlements.

We also review some decisions made under Norfolk Island laws.

The decision letter will tell you if we can review the decision

We cannot: 

• review every decision made by the Australian Government or under a Norfolk Island law
• review decisions made under state or territory laws, or decisions made by local governments.

We are not always the first step in having a decision reviewed. In some cases, we cannot review a decision until there has been an internal review of the primary decision or the decision has been reviewed by someone else.
 

The easiest and safest way to apply for a review is online. 

To create an account and lodge an application online, you will need a valid email address and information about the decision you want us to review. 

Find out more about using our online services.

You must apply for a review of most decisions within 28 days after you receive the decision. For some types of decisions, it is longer and for others it is shorter. 

You can check the decision letter to find out what the time limit is to lodge an application for review. 

Requesting an extension

You can apply to us to extend the time limit to lodge your application. You must apply in writing and include reasons why the application is late. You can do this:

• when you lodge your application for review online
• when you fill in the application form
• by writing an email or letter.

What happens after you apply for an extension of time?

We will send a copy of your extension application to the agency or Minister and any other party. They have 14 days to tell us if they oppose the application.

If they do not oppose the application, we will generally make a decision without holding a hearing. If they oppose the application, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at our offices.

We will only start the review if we decide to extend the time limit.

You will usually need to pay an application fee to apply to the Administrative Review Tribunal.

The standard application fee is $1,121.

You should pay the fee when you lodge the application. We will not start the review until you pay the fee. If the fee isn’t paid within 6 weeks after the application is lodged, it may be dismissed. 

After you submit an application, we will send you a confirmation letter explaining what will happen next.

We will also notify other parties to the review that we have received the application. Along with you, the parties are:

• the decision maker
• any other person who is a party to the review.

If you are representing yourself, we will usually call you within 6 weeks after we receive the application to explain the review process and ask whether you need additional assistance, such as an interpreter.

You can find out what usually happens next in the After applying section.

You can also look at the Common Procedures Practice Direction [PDF, 425 KB] for further detail.

It is important to us that you are able to fully participate in the review and present your case.

Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.

However, we understand that you may need or want assistance with your review, or other kinds of support.