Our reference: RQ23/04984
Agency reference: FOI23/352
(Not the real) Bob Neil
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC: xxx@xx.xxx.xx
Extension of time under s 15AC
Dear (Not the real) Bob Neil
On 22 September 2023, the Attorney-general's Department (the Department) advised this
office that it had not made a decision on your FOI request of 12 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 AGD has refused your request.
However, s 15AC of the FOI Act al ows 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 Department
has applied for further time to finalise your request.
The AGD has advised that the Department already extended the decision period, by a further
period of 30 days, to al ow for consultation in accordance with s 15(6) of the FOI Act.
The AGD has advised that it attempted to obtain an agreement under s 15AA of the FOI Act
for an extension of time from you, but that it did not receive a response from you.
Contact with you
On 26 September 2023, I wrote to you to seek your view on the Department’s application. I
invited you to provide any comments by 29 September 2023. You have not responded to my
inquiries.
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 Department further time to 24 October 2023 to process your
request. My reasons and considerations fol ow:
•  Based on the available information, the Department has actively taken steps to
progress your request, including scope negotiation with you.
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

•  It appears your request is complex, as the Department has advised that ‘the
consultation requirements depend on the response of one party’ and that it needs
further time to finalise consultations with 1 to 3 parties.
•  I consider that al owing this further time to deal with the request is expected to
provide you with a substantive decision by the Department on the request by 24
October 2023. Allowing this further time is also expected to reinstate your right to
seek an internal review of a substantive decision by the Department and to extend
the timeframe for you to apply for IC review of a decision by the Department.
This extension of time under s 15AC of the FOI Act means that the deemed refusal is taken
never to have applied if the Department makes a decision on your request by 24 October
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 24 October 2023 or you disagree with the Department’s
decision, 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 at
xxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference: RQ23/04984.
Yours sincerely

Bernie Lai
Assistant Director
Freedom of Information Branch
16 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 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/ .
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Document Outline

Extension of time under s 15AC