(AAT) Administrative Appeals Tribunal: Freedom of Information

Can we help? 

 The AAT has two roles under the Freedom of Information Act 1982 (FOI Act). 

We can conduct an independent review of some decisions made under the FOI Act. 

We also are also an agency that must comply with the FOI Act, including giving access to documents and information that we hold at the AAT. 

What we can review 

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

completed a review of the FOI decision 

decided not to undertake or continue a review because the OAIC thinks it should be considered by the AAT. 

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

The decision letter should tell you if we can review the decision or you can check the List of reviewable decisions. 

How to apply 

An easy way to apply for a review is online.  

You can also apply by: 

filling in an application form 

email (size limit 10MB) 

letter. 

Check our contact details to lodge an application at one of our registries or send the application by post, email or fax. 

What information do I need to give? 

If you write a letter or email, make sure you include: 

your name, postal address, telephone number and email address 

the date you received the decision 

a copy of the decision 

brief reasons why you think the decision is wrong. 

If you cannot send us a copy of the decision, then include: 

the name of department, agency or organisation that made the decision 

a brief description of the decision 

the date the decision was made. 

Time limits 

Is there a time limit for applying? 

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

The time limit to apply for a review is usually 28 days after you receive the decision. 

What can I do if the time limit has expired? 

You can apply to us to extend the time 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; or 

by filling in an application for extension of time form and sending it to us with the application for review of decision form; or 

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 to whom the request was made 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 the AAT's offices. 

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

Fees 

Do I need to pay an application fee? 

An application fee must usually be paid when you apply for a review of a decision under the Freedom of Information Act 1982. 

However, no fee is payable if the decision is about a document relating to a decision that does not attract a fee when a person applies to the AAT for a review of that type of decision. Decisions which do not attract a fee when applying to the AAT include: 

first review of Centrelink and child support decisions 

second review of Centrelink decisions (excluding Paid Parental Leave) 

Commonwealth workers compensation decisions under the Safety Rehabilitation and Compensation Act 1988 or Seafarers Rehabilitation and Compensation Act 1992 

military compensation decisions under the Military Rehabilitation and Compensation Act 2004 

NDIS decisions under the National Disability Insurance Scheme Act 2013 

veterans' entitlement decisions under the Veterans’ Entitlements Act 1986. 

How much do I have to pay? 

If you have to pay a fee, the standard application fee is $962. 

Can I pay a reduced fee? 

Yes, a reduced fee of $100 can be paid if: 

legal aid has been granted for the review 

you hold a health care card, pensioner concession card, Commonwealth seniors health card or other card that certifies entitlement to Commonwealth health concessions 

you are in prison, immigration detention or otherwise detained in a public institution 

you are under 18 years of age 

you receive Youth Allowance, Austudy or ABSTUDY Centrelink payments 

we decide payment of the application fee would cause you financial hardship. 

You must give us evidence that you are eligible to pay a reduced fee. 

To ask for a fee reduction under financial hardship you must fill in the Request for fee reduction form. You should send us this form when you lodge the application. 

What if I have more than one application for review? 

If you make more than one application and we decide that they can be dealt with together, we can order that you only have to pay one fee. 

You can ask us about paying a single fee when you lodge the applications. 

When do I pay the fee? 

You should pay the fee when you lodge the application. We will not start the review until you pay the fee. 

The application might be dismissed if you do not pay the fee within 6 weeks after lodging the application. 

How do I pay the fee? 

EFTPOS 

credit card (MasterCard and Visa only) 

cheque 

money order 

cash. 

Credit card payments can also be made by phone. 

Can I receive a refund? 

We will refund: 

the entire application fee if you were not required to pay it 

the difference between the fee you paid and $100, if we decide you can pay the reduced fee 

the difference between the fee you paid and $100, if the review is decided in your favour. 

There is no refund if you paid the reduced fee of $100.