ICON alert - edition 6

Special ICON alert: Revised IC review Procedure Directions and Part 10 of the FOI Guidelines commencing today 1 July 2024

As shared in previous ICON Alerts, revised procedure directions for Information Commissioner (IC) reviews come into effect today: 1 July 2024. These procedure directions are made under s 55(2)(e)(i) of the FOI Act:

• Direction as to certain procedures to be followed in Information Commissioner reviews (for agencies)
• Direction as to certain procedures to be followed by applicants in Information Commissioner reviews

Please note that there have been some clarifications and amendments to these directions since we published advance drafts on 17 May 2024.

The revised procedure directions are accompanied by a revised Part 10 of the FOI Guidelines (Reviews by the Information Commissioner).

We have developed new resources to assist parties to IC reviews with updated procedures at the OAIC:

• Information Commissioner Reviews: Quick guide to use of directions and information gathering powers
• Direction as to certain procedures to be followed in Information Commissioner reviews: FAQs for agencies and ministers
• Quick guide to the direction applicants follow in an Information Commissioner review

​We will publish further IC review practice documents shortly.

Revisions to the IC review procedure direction follow public consultation in 2023. Thank you to stakeholders who participated in the consultation.