20321ab7_nformation_Commissioner___OAIC_reedom_of_Information_Act_1982_Issue_description
[FOI Act Part] Part VII — Review by Information Commissioner [FOI Act section] 54L, 54M [Recommended action] The Act should be amended to simplify ss 54L and 54M: an FOI applicant should be able to apply for IC review of an access refusal decision at first instance, or on internal review; an affected third party should be able to apply for IC review of an access grant decision at first instance, or on internal review. [Issue description] 
Where internal review of an access refusal decision results in an access grant decision, an affected third party has no access to IC review. This is because s 54M, which allows affected third parties to apply for IC review, applies only to access grant decisions and decisions made on internal review of access grant decisions; it does not apply to decisions made on internal review of access refusal decisions.
Review of freedom of information legislation| Office of the Australian Information Commissioner - OAIC
Issue description