Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 55H

  (1)   The Information Commissioner may, at any time during an IC review, refer a question of law arising in an IC review to the Federal Court of Australia for decision.

  (2)   The Information Commissioner may refer the question of law:

  (a)   on the application of a review party; or

  (b)   on the Information Commissioner's initiative.

  (3)   The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it.

  (4)   The jurisdiction of the Federal Court of Australia may be exercised by a single judge of the Court.

  (5)   If a question of law is referred, the Information Commissioner must not, for the purposes of the IC review:

  (a)   give a decision to which the question is relevant before the Federal Court of Australia makes a decision in relation to the reference; or

  (b)   proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court of Australia on the question.