20321ab7_nformation_Commissioner___OAIC_reedom_of_Information_Act_1982_Issue_description
[FOI Act Part] Part VI — Internal review of decisions [FOI Act section] 53A, 53B, 53C [Recommended action] The Act should be amended by moving the definitions in ss 53A, 53B and 53C into the list of definitions with application throughout the Act in s 4. The non-availability of internal review for deemed decisions should be provided for in a way that does not raise doubt about the availability of IC review for deemed decisions. [Issue description] 
Part VI includes definitions in ss 53A, 53B and 53C that are not particular to internal review. This creates readability issues, and raises questions about the operation of some provisions in relation to Part VII (Review by Information Commissioner). For example, s 15AC(3) provides that a decision to refuse access is deemed to have been made if no decision is made within a certain time of a request. The definition of 'access refusal decision' in s 53A includes a decision refusing to give access in accordance with a request. But s 54E provides that Part VI (which includes s 53A) does not apply to deemed decisions. So, on one view, a deemed decision is not an access refusal decision, which means that it cannot be the subject of internal review (as was intended) or of IC review (which was probably not intended).
Review of freedom of information legislation| Office of the Australian Information Commissioner - OAIC
Issue description