Our reference: RQ23/02295
Agency reference: FOI30/100
Weather User
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
C
c: xxx@xxx.xxx.xx
Extension of time under s 15AC
Dear Weather User
On 8 May 2023, the Bureau of Meteorology (Bureau)
advised the Office of the Australian
Information Commissioner (OAIC) that it had not made a decision on your FOI request of 7
April 2023 within the statutory period provided by the
Freedom of Information Act 1982 (Cth)
(the FOI Act). Consequently, the FOI Act deems that the Bureau has refused your request.
However, s 15AC of the FOI Act allows the Information Commissioner to extend the
processing time for an FOI request where the initial decision period has ended and the
agency or Minister has not provided the applicant with notice of a decision. The Bureau has
applied for further time to finalise your request, to 22 May 2023.
The Bureau attempted to obtain an agreement under s 15AA of the FOI Act for an extension
of time from you. The Bureau advised that you refused the request for a 30-day extension.
Decision
As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for extensions of time under s 15AC(5) of the FOI Act.
I have decided to grant the Bureau further time to
22 May 2023 to process your request. My
reasons and considerations follow:
• The Bureau advised on 8 May 2023 that ‘we have completed the document searches
and reviewed the documents; the FOI decision-maker now needs to finalise the
decision. We estimate completion in the coming week…’.
• The application is for a 14-day extension of time, which is not excessive in this
instance.
• Granting this extension of time is expected to provide you with a substantive
decision by the Bureau on your request by 22 May 2023, which will be substantially
sooner than a decision by Information Commissioner review (IC review). It is
expected to reinstate your right to seek an internal review of a substantive decision
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
by the Bureau and to extend the timeframe for you to apply for an IC review of the
Bureau’s anticipated decision.
Based on the information currently before the OAIC, I am satisfied that an extension until
22
May 2023 is appropriate in this instance, and I consider the additional days represent a
reasonable amount of time in the circumstances.
This extension of time under s 15AC of the FOI Act means that the deemed refusal is taken
never to have applied if the Bureau makes a decision on your request by 22 May 2023. Such
an extension can only be granted once and cannot be extended by a variation.
I note that the
Freedom of Information (Charges) Regulations 2019 provides if an applicant is
not notified of a decision on a request within the statutory time limit (including any
extension of time), the agency or minister cannot impose a charge for providing access, even
if the applicant was earlier notified that a charge was payable (regs 7(2), (3)). This extension
under s 15AC of the FOI Act does not mean that charges can be reimposed and any deposit
you have paid should be refunded.
If you do not receive a decision by 22 May 2023, or you disagree with the Bureau’s decision,
you may wish to seek IC revie
w here. Further information
on applying for IC review is
available on the OA
IC website. An application for IC review would need to be made within 60
days of the Bureau’s decision or deemed decision.
Contact
If you have any questions about this letter, please contact me on 1300 363 992 or via email to
xxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference: RQ23/02295.
Yours sincerely
Noah Harris
Assistant Review Adviser
FOI Regulatory Group
17 May 2023
2
Review rights
If you disagree with the Office of the Australian Information Commissioner’s (OAIC) decision
you can apply to the Federal Court of Australia or the Federal Circuit Court for a review of a
decision of the Information Commissioner if you think that a decision by the Information
Commissioner to grant an extension of time is not legally correct. You can make this
application under the
Administrative Decisions (Judicial Review) Act 1977.
The Court will not review the merits of your case but it may refer the matter back to the
Information Commissioner for further consideration if it finds the decision was wrong in law
or the Information Commissioner’s powers were not exercised properly.
An application for review must be made to the Court within 28 days of the OAIC sending the
decision to you. You may wish to seek legal advice as the process can involve fees and costs.
Please contact the Federal Court registry in your state or territory for more information, or
visit the Federal Court website a
t http://www.fedcourt.gov.au/.
Further information
Further information about how applications to extend the timeframe to process an FOI
request are handled by the OAIC can be found published on our website:
For FOI applicants: How to make an FOI request: Extensions of time
For agencies and ministers: Guidance and advice: Extension of time for processing
requests
The OAIC has the power to investigate complaints about an agency’s actions under the
Freedom of Information Act 1982 (FOI Act). This is a separate process from asking for an
Information Commissioner review following a decision made under the FOI Act. Complaints
usually focus on how an agency has handled your FOI request or complied with other
obligations under the FOI Act, rather than the decision itself.
In some cases, the Information Commissioner's investigation of a complaint may lead to the
agency addressing the issues that you have complained about. In other cases, the
Information Commissioner may make suggestions or recommendations that the agency
should implement. The Information Commissioner can only make non-binding
recommendations as a result of a complaint. You and the agency will be notified of the
outcome of the investigation.
FOI complaints to the OAIC must be made in writing. Our preference is for you to use
the online FOI complaint form if at all possible.
Further information about how to make a complaint can be found published on our website:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-
complaint/ .
3
