Decision to grant an extension of time under s 15AB of the
Freedom of Information Act 1982
Agency
Department of Defence
FOI applicant
Andrew Quilty
Date of decision
7 July 2023
OAIC reference number
RQ23/03726
Agency reference number
687/22/23
Decision
1.
I refer to the application made by Department of Defence (the Department) under s
15AB(1) of the
Freedom of Information Act 1982 (Cth) (FOI Act) for an extension of time
to process Andrew Quilty’s (the FOI applicant) request of 26 April 2023 (the FOI
request).
2.
As a delegate of the Information Commissioner, I am authorised to make decisions on
extension of time applications under s 15AB(2) of the FOI Act.
3.
Under s 15AB(2) of the FOI Act, I have decided to extend the processing period by 45
days to 9 August 2023. My reasons are outlined below.
Background
4.
On 26 April 2023, the FOI applicant made an FOI request to the Department. The FOI
decision was due to be provided to the FOI applicant on 26 April 2023.
5.
On 26 June 2023, the Department applied to the Information Commissioner for further
time to process the FOI applicant’s request under s 15AB(1) on the basis that the
processing period is insufficient to adequately deal with the FOI request, because it is
complex. A copy of the Department’s reasons is included at
Attachment A.
6.
On 26 June 2023, the Office of the Australian Information Commissioner [OAIC]
consulted with the FOI applicant to seek their views on the Department’s application.
The FOI applicant responded to our enquiries and provided comments which I have
taken into consideration.
1300 363 992
T +61 2 9284 9749
GPO Box 5218
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
Reasons for decision
7.
Subsection 15AB(2) of the FOI Act requires that I consider whether the application is
justified on the basis that the processing period referred to in s 15(5)(b) is insufficient
for dealing with the request, on the basis that the request is complex or voluminous.
8.
In granting this extension of time under s 15AB(2), I have considered the fol owing
factors:
• Guidelines issued by the Australian Information Commissioner under s 93A of the
FOI Act, to which I must have regard, in particular [3.150] – [3.155]
• the scope of the FOI request
• the Department’s reasons for seeking an extension
• whether an agreement to extend the processing period under s 15AA of the FOI
Act has first been attempted or obtained by the Department
• any extension to the processing timeframes utilised under s 15(6)
• the work already undertaken, and still required, to finalise the request
• the FOI applicant’s views on this extension of time request.
9.
On the information before the OAIC, I am satisfied that an extension to the processing
period until
9 August 2023 is justified, for the fol owing reasons:
• Based on the scope of the FOI applicant’s request and the Department’s
submissions, I am satisfied that the request is complex, based on the sensitive
nature of the documents requested, the range of documents captured by the
request, chal enges involved in the search and retrieval of any relevant
documents, and the requirement to obtain subject matter expertise from relevant
business line areas in relation to any potential sensitivities involved.
10. While I have considered the FOI applicant’s objections, I am satisfied that this
extension of time remains justified for the reasons outlined above.
11. In granting this extension, I have also considered the work already undertaken by the
Department to finalise the request, steps taken by the Department to first obtain a
15AA agreement from the FOI applicant, steps taken by the Department to keep the
FOI applicant informed of progress, the FOI applicant’s agreement to the
categorisation of the matter being complex in nature.
12. The Department must provide the FOI applicant with a decision by 9 August 2023.
13. If the Department does not provide the FOI applicant a decision by 9 August 2023 the
FOI applicant may seek review by the Information Commissioner of the Department’s
deemed access refusal decision of 9 August 2023. Further information o
n applying for
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IC review is available on the OAIC
website. Any application for IC review would need to
be made within 60 days of the Department’s decision or deemed decision. It also
remains open to the Department to apply for a further extension of time from the
Information Commissioner if considered appropriate.
14. This extension of time matter is now closed. Your review rights are set out below.
15. If you would like to discuss this matter, please contact our office by email at
xxxxx@xxxx.xxx.xx, quoting reference number RQ23/03726.
Thomas Hanaee
Assistant Review Adviser
Office of the Australian Information Commissioner
7 July 2023
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Attachment A
The agency’s reasons for requesting an extension of time, as included in the extension
of time request form.
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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 and Family Court of
Australia 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 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 wil 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/your-freedom-of-information-
rights/freedom-of-information-complaints/make-an-foi-complaint .
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Making a complaint to the Commonwealth Ombudsman
If you believe you have been treated unfairly by the OAIC, you can make a complaint to the
Commonwealth Ombudsman (the Ombudsman). The Ombudsman's services are free. The
Ombudsman can investigate complaints about the administrative actions of Australian
Government agencies to see if you have been treated unfairly.
If the Ombudsman finds your complaint is justified, the Ombudsman can recommend that
the OAIC reconsider or change its action or decision or take any other action that the
Ombudsman considers is appropriate. You can contact the Ombudsman's office for more
information on 1300 362 072 or visit the Commonwealth Ombudsman’s website at
http://www.ombudsman.gov.au .
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Document Outline
