Our reference: RQ23/04377
Agency reference: LEX74480
Me Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC: xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxxx.xxx.xx

Extension of time under s 54D
Dear FOI Applicant,
On 9 August 2023, the Services Australia (Services Australia) advised this office that it had not
made a decision on your internal review request of 7 July 2023 within the statutory period
provided by the Freedom of Information Act 1982 (Cth) (the FOI Act). Consequently, the FOI
Act deems that the Services Australia has refused your internal review request and affirmed
its original decision.
However s 54D of the FOI Act al ows the Information Commissioner to extend the processing
time for an internal review where the initial decision period has ended and the agency or
Minister has not provided the applicant with notice of a decision. Services Australia has
applied for further time to make a decision on your internal review request.
Decision
As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for extensions of time under s 54D of the FOI Act.
I have decided to grant the Services Australia further time under s 54D of the FOI Act to 4
September 2023 to process your request for an internal review. My reasons and
considerations fol ow:
•  Services Australia has informed the OAIC:
o  Delays in additional searches for documents made by an affected internal
business area has impacted upon the processing of your request;
o  Courtesy consultation with an affected external Department is awaiting an
imminent response; and
o  They are undertaking clearance of the final decision.
•  For these circumstances I believe that al owing additional time to process your
request is reasonable in the circumstances.
•  I have also considered that granting this extension of time is expected to provide you
with a substantive decision by the Department on your request by 4 September 2023.
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

Granting this extension is also to extend the timeframe for you to apply for IC review
of a decision by the Department.
This extension of time under s 54D of the FOI Act means that the deemed affirmation of the
original decision is taken never to have applied if the Services Australia makes a decision on
your request by 4 September 2023. Such an extension can only be granted once and cannot
be extended by a variation.
If Services Australia does not make a decision by 4 September 2023, you may wish to seek IC
review here. Further information on applying for IC review is available on the OAIC website.
Contact
If you have any questions about this letter, please contact me on 1300 363 992 or via email at
xxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference: RQ23/04377.
Yours sincerely

Thomas Hanaee
Assistant Review Adviser
Freedom of Information Branch
21 August 2023

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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 legal y 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 at 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 fol owing a decision made under the FOI Act. Complaints
usual y 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 al 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/ .
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Document Outline

Extension of time under s 54D