Our reference: RQ23/04829
Agency reference: FOI23/417
Thomas RTK
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC: xxx@xx.xxx.xx
Extension of time under s 15AC
Dear FOI Applicant,
On 13 September 2023, the Attorney-General's Department (Department) advised this office
that it had not made a decision on your FOI 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 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 Department attempted to obtain an agreement under s 15AA of the FOI Act for an
extension of time from you. The Department advised that you refused the request for a 14-
day extension.
Contact with you
On 18 September 2023, I wrote to you to seek your view on the Department’s application.
You responded to my inquiries and provided comments that I have taken into consideration.
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 11 October 2023 to process your
request. My reasons and considerations fol ow:
•  The Department has informed the OAIC:
o  ‘On 1 September 2023 the initial line area sent an email advising that they
had located documentation belonging to a separate line area and suggesting
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
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that, if the other line area agreed, the request should transfer to a different
line area in the Attorney-General’s Department’;
o  ‘Searches were conducted on 5 September and sent back to the case officer
on 8 September 2023 which was the statutory due date’;

o  ‘22 documents are within scope. 16 have Cabinet classifications. Al  22
documents are of interest to the Department of the Prime Minister and
Cabinet and adequate time wil  need to be provided to the Department of
the Prime Minister and Cabinet to consider the material’; and
o  ‘Once external consultations have occurred, the documents have to be
prepared with any redactions applied, then bundled up and reviewed by the
line area. A decision package also has to be drafted for the decision maker’s
review and signature.’
•  Due to these delays in the search and retrieval process, the necessity to undertake
external consultations with affected agencies and the above listed factors of
complexity and volume, I believe it is necessary and reasonable to al ow the
Department additional time process the FOI Applicant’s request.
•  While I note the FOI Applicant’s objections to the extension of time, particularly that
the matter is time sensitive and in the public interest for timely release, I believe it is
still reasonable to extend the processing timeframe for the reasons set out above.
•  I have also decided to partial y increase the extended timeframe for processing this
request afforded to the Department from 9 October 2023 to 11 October 2023, in order
to allow the Department time 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 11 October 2023.
Granting this extension 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 11 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.
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If you do not receive a decision by 11 October 2023 or you disagree with the Department’s
decision, 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: RQ23/04829.
Yours sincerely

Thomas Hanaee
Assistant Review Adviser
Freedom of Information Branch
9 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 15AC