Reference number
FOIREQ24/00593
Date of access
11 December 2024
Published on
11 December 2024
FOI request
Please provide all internal/policy documents that relate to this policy including documents like: policy documents that explain the IC may report non-compliance in annual reports, any documents from the AG's department about the OAIC being able to do this and standards for submissions, and what are recommended factors to consider before censuring or citing an agency for non-compliance.
For lack of a better way to phrase it, I am seeking documents that state that the OAIC reviewers have this "power" to express opinions about model litigant breaches and explain how it will be exercised. I understand "power" is the wrong word but I don't have a better one and I am only using it here so you know what documents to look for.
I am not seeking any information on 'specific' model litigant breaches nor am I seeking past reports to the AG or other documents like that.
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Part 5: Non-compliance with this Direction
5.1 This Part applies to all IC review applications.
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5.2 Because the model litigant obligation under the Legal Services Directions 2017 extends to Commonwealth entities involved in merits review proceedings, failure to adhere to the requirements of this Direction may amount to non-compliance with the model litigant obligation.[11]
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5.3 The IC may report non-compliance with this Direction in the OAIC’s Annual Report.
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5.4 The IC may also report non-compliance with this Direction to the Office of Legal Services Coordination in the Attorney-General’s Department.
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5.5 The IC may also consider non-compliance within this Direction as part of investigations they conduct under Part VIIB of the FOI Act.
Elizabeth Tydd
Freedom of Information Commissioner
26 June 2024
Other information
Released in full