Our reference: RQ23/05154
Agency reference: 687/22/23
Andrew Quilty
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC: xxxxxxxxx@xxxxxxx.xxx.xx

Extension of time under s 54D
Dear Mr Quilty
On 5 October 2023, the Department of Defence (Department) advised this office that it had
not made a decision on your internal review request of 4 September 2023 within the
statutory period provided by the Freedom of Information Act 1982 (Cth) (the FOI Act).
Consequently, the FOI Act deems that the Department 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. The Department 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 Department further time under s 54D of the FOI Act to 20 October
2023 to process your request for an internal review. My reasons and considerations fol ow:
•  The Department has advised the OAIC:
o  ‘Given that the matter is a sensitive matter, it is currently awaiting the
relevant line areas to provide their comments on the review’; and
o  ‘After incorporating feedback from the line area, the statement of reasons
and the documents in question will be ready for review by the director’.
•  I have partial y extended the requested extra time from 18 October 2023 to 20
October 2023 to enable the Department to consider this extension of time decision
when finalising your FOI request.
•  I have considered that granting this extension of time is expected to provide you with
a substantive decision by the Department on your request by 20 October 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 expected 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 Department makes a decision on your
request by 20 October 2023. Such an extension can only be granted once and cannot be
extended by a variation.
You may wish to seek Information Commissioner 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: RQ23/05154.
Yours sincerely

Thomas Hanaee
Assistant Review Adviser
Freedom of Information Branch
18 October 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