20321ab7_nformation_Commissioner___OAIC_reedom_of_Information_Act_1982_Issue_description
[FOI Act Part] Part VII — Review by Information Commissioner [FOI Act section] 55A, 60 [Recommended action] The Act should be amended to simplify, and make consistent, the provisions determining who is a party to an IC review and an AAT appeal. One approach would be that taken in s 89 of the Queensland RTI Act: only the applicant and the respondent are automatically parties; others affected by the reviewable decision can apply to the OAIC to be a party to the proceedings. [Issue description] 
There is an inconsistency between the provisions determining who is a party to IC and AAT proceedings. For example, an FOI applicant has to apply to be a party to an IC review of an access grant decision, but is automatically a party to an AAT appeal about the same matter. By contrast, an affected third party is automatically a party to IC review of an access refusal decision but has to apply to be joined to an AAT appeal. In addition, the definition of 'affected third party' is confusing and complex. This creates practical difficulties in determining who is party to a review and the subsequent notice requirements, with affected provisions including ss 53C, 55A(1)(c) and 54P. The OAIC has published a discussion paper on this issue, detailing the complexities.
Review of freedom of information legislation| Office of the Australian Information Commissioner - OAIC
Issue description