20321ab7_nformation_Commissioner___OAIC_reedom_of_Information_Act_1982_Issue_description
[FOI Act Part] Part III — Access to documents [FOI Act section] 15(4) [Recommended action] Section 15(4) should be repealed. [Issue description] 
Where a request complies with the form requirements of s 15(2), a decision must be made on the request or it must be transferred to another agency in accordance with s 16. However, s 15(4) causes confusion. Where a request has been misdirected, s 15(4) requires the receiving agency to assist applicants to redirect the request to the appropriate agency, while s 16 gives the receiving agency the discretion to transfer the request to that other agency. Section 15(4) could be construed as requiring agencies to first assist the applicant to redirect such a request before deciding whether to transfer the request itself.
Review of freedom of information legislation| Office of the Australian Information Commissioner - OAIC
Issue description