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Freedom of Information reviews

Under the Freedom of Information Act 1991 (FOI) the Ombudsman is responsible for carrying out external reviews of government agency decisions.

Review of decisions
What decisions can be reviewed?
How to seek a review
What are the Ombudsman's powers?
Contacts

Review of decisions

If you are dissatisfied with a decision made by an agency or a Minister in relation to your FOI request, then you are entitled to have the decision reviewed. The agency is required to notify you in writing of your review rights.

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What decisions can be reviewed?

You can apply to the Ombudsman for the review of an angency’ decision that you are not entitled to the information requested, that the information requested is exempt; or as to the expected charge to be paid for the information.

You can apply to the Ombudsman for the review of a decision by an agency not to amend personal information.

Finally, you can apply to the Ombudsman for the review of a decision by an agency to release information about your personal or business affairs.

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How to seek a review
  • Internal reviews
    If a decision is made by an authorised FOI Officer in an agency, you have 28 days in which to apply for an internal review of that decision. Your application should be in writing addressed to the principal officer of the agency. The principal officer or another authorised person will make a decision on your application and notify you within 14 days. If you're dissatisfied with the internal review decision then you may apply to the Ombudsman for an external review.
  • Ombudsman review
    Where a decision is made in the first instance by the principal officer of an agency or a Minister, or is made on internal review, you can apply to the Ombudsman for a review. You should apply to the Ombudsman in writing no later than 60 days after receiving the decision of the principal officer.

  • An application for the review of a decision to release information concerning your personal or business affairs must be made within 28 days.

  • When making an application to the Ombudsman you should forward a copy of the FOI request, the decisions made by the agency and any other supporting material that you want the Ombudsman to take into account.

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What are the Ombudsman's powers?

The Ombudsman will reconsider the agency's decision in accordance with the Freedom of Information Act. The Ombudsman is bound by the Act, but may nevertheless come to a different conclusion than the agency. In reaching a decision the Ombudsman will usually examine the information held by the agency. The Ombudsman will inform you and the agency of the decision. The agency is required to take the action required to implement the decision.

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Contacts

Should you require assistance relating to Reviews of Freedom of Information please contact the Ombudsman's office on 1300 766 725 or email your request/enquiry to: ombudsman@justice.tas.gov.au