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Complain to the Information Commissioner

Internal review is done, or fifteen days passed. The next door is the Commissioner, and it closes after sixty days.

Subject: Complaint under s 65 — [the agency][their reference][your full name], DOB [your date of birth]

To the Information Commissioner

Complainant: [your full name]
Date of birth: [your date of birth]
Address for notices: [your postal address]
Email: [your email]

The decision complained of

Agency: [the agency]. File reference: [their reference].

The access application was received on [the date they received it]. No decision was given within the permitted period, so under s 13(2) access was refused at the end of that period. I applied for internal review under s 40. The review period ended on [the date the period ended]. Under s 43(2) the agency is taken to have confirmed the refusal.

What I ask

  1. That the Commissioner deal with the complaint under s 65(1)(d), refusal of access.
  2. That the agency be required to give access, or to give a notice under s 30 with reasons and findings of fact.
  3. These are documents containing my own personal information (s 21). No charge applies (s 16(1)(d)).

Copies of the application, the review request and every reply are attached.

Yours faithfully,
[your full name]
today

Which body

Office of the Information Commissioner (WA): info@oic.wa.gov.au. In writing (s 66(1)).

Which clock

60 days

FOI Act 1992 (WA) s 66(2)

Which document

The application, the internal review request, and any decision letters. Say the dates.

The receipts
(2) An access applicant or applicant for amendment may make a complaint within 60 days after being given written notice of the decision.FOI Act 1992 (WA) s 66(2)
(5) Subject to subsection (6), if internal review of a decision is available under Part 2 or 3 a complaint is not to be made in respect of the decision unless internal review has been applied for and completed.FOI Act 1992 (WA) s 66(5)
(1) A complaint may be made against an agency's decision — … (d) to refuse access to a documentFOI Act 1992 (WA) s 65(1)(d)