Application of Section 89A FOI Act

Relevant considerations

1. Does the Information Commissioner consider there is an obvious error in a written decision that resulted from an accidental slip or omission?

Section 89A is the only provision in the FOI Act that gives the Information Commissioner the power to alter a decision. This authority is limited to correcting an error that the Information Commissioner considers is obvious and resulted from an accidental slip or omission.¹

The Information Commissioner has no power under section 89A of the FOI Act to set aside, vary or affirm an external review decision.²

Once a written decision has been made, the Information Commissioner has completed their duties and is ‘functus officio’, ie retains no legal authority. The power of review given by the Judicial Review Act 1991 (Qld) provides a sufficient basis to form the view that the Information Commissioner does not have any power to vary, revoke or affirm an external review decision.³

¹Price and Department of Police (Unreported, Queensland Information Commissioner, 27 February 2009) at paragraph 42. [up]
²Price and Department of Police (Unreported, Queensland Information Commissioner, 27 February 2009) at paragraph 43. [up]
³Price and Department of Police (Unreported, Queensland Information Commissioner, 27 February 2009) at paragraph 50. [up]