Document ID: chunk:federal_register_of_legislation:C2025C00174:section:55k
Version: federal_register_of_legislation:C2025C00174
Segment Type: section
Provision Reference: s 55K
Character Range: 211268–213052

55K  Decision on IC review—decision of Information Commissioner
 (1) After undertaking an IC review, the Information Commissioner must make a decision in writing:
 (a) affirming the IC reviewable decision; or
 (b) varying the IC reviewable decision; or
 (c) setting aside the IC reviewable decision and making a decision in substitution for that decision.
 (2) For the purposes of implementing a decision on an IC review, the Information Commissioner may perform the functions, and exercise the powers, of the person who made the IC reviewable decision.
 (3) A decision of the Information Commissioner on an IC review has the same effect as a decision of the agency or Minister who made the IC reviewable decision.

Content of the decision
 (4) A decision on an IC review must include the following:
 (a) a statement of reasons for the decision;
 (b) a statement of the rights of the review parties to apply to the Tribunal for review of the decision under section 57A.
 (5) However, a decision on an IC review must not include:
 (a) information of the kind referred to in subsection 25(1); or
 (b) exempt matter.
Note: Subsection 25(1) deals with information about the existence or otherwise of certain documents.

Providing copy of decision
 (6) The Information Commissioner must give a copy of a decision on an IC review to each review party.

Copy of decision prima facie evidence
 (7) A document is prima facie evidence of a decision on an IC review if:
 (a) the document purports to be a copy of the decision; and
 (b) the document purports to be certified by, or on behalf of, the Information Commissioner to be a true copy of the decision.

Publication requirement
 (8) The Information Commissioner must publish a decision on an IC review to members of the public generally.