Decision to decline an extension of time under s 54D of the Freedom of
Information Act 1982
Agency
Department of Home Affairs
FOI applicant
Sebastian Johny
Date of decision
8 December 2023
OAIC reference number
RQ23/05821
Agency reference number
FA23/10/00061
Decision
1.  On 1 December 2023, Department of Home Affairs (the Department) applied to the
Information Commissioner under s 15AC(4) of the Freedom of Information Act 1982
(Cth) (FOI Act) for an extension to 18 January 2024 to process ’s (the FOI applicant)
internal review request of 20 October 2023 (the FOI request).
2.  Mr Sebastian’s request has been deemed as affirmed as a decision has not been made
by the Department within the statutory timeframe. You have therefore sought further
time to process the request.
3.  I am a delegate of the Information Commissioner. I am authorised to make decisions on
applications for further time under s 54D of the FOI Act.
4.  On the basis of the information before me, I have decided to decline the Department’s
request for further time to deal with the internal review request. As such, Mr
Sebastian’s request has been deemed as affirmed on 19 November 2023. My reasons
are outlined below.
Background
5.  On 20 October 2023, the FOI applicant made an FOI internal review request to the
Department. The FOI decision was due to be provided to the FOI applicant on 19
November 2023.
6.  On 1 December 2023, the Department applied to the Information Commissioner for
further time to process the FOI applicant’s request under s 54D to adequately deal with
the FOI request. A copy of the Department’s reasons are included at Attachment A.
Reasons for decision
7.  Subsection 54D of the FOI Act provides that I may al ow further time that I consider
appropriate for an agency or Minister to deal with the request.
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8.  In declining this application for further time under s 54D, 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 [3.164] – [3.167]
•  the reasons for delay in making an initial decision
•  the period of time sought, and the total estimated processing time
•  whether discussions with the applicant about the delay and extension of time
application have occurred
9.  On the information before the OAIC, I am not satisfied that the application for further
time is justified, for the following reasons:
•  The Department’s submissions contained very little detail to explain the
extensive delays in processing the applicant’s internal review request. For
example, it appears no action occurred to progress this matter between 25
October to 20 November 2023.
•  The further time sought by the Department appears excessive. Its requested
extension of a further period of 60 days, if granted, would yield a total
processing period of 90 days, which would be 3 times the processing period
given for internal review requests.
•  I note that if the applicant lodged a fresh FOI request for these documents, the
Department would be required to process the request within 30 days which is a
shorter period than the Department has requested in it’s extension application .
10.  The effect of this decision is that the agency remains deemed to have made a decision
affirming the original decision on the applicant’s request on 19 November 2023.
11.  It is open to the applicant to seek Information Commissioner review (IC review) of the
agency’s deemed affirmation decision of 19 November 2023. Further information on
applying for IC review is available on the OAIC website. Any application for IC review
would need to be made within 60 days of the agency’s decision or deemed decision.
12.  This extension of time matter is now closed. Your review rights are set out below.
13.  If you would like to discuss this matter, please contact our office on 1300 363 992 or by
email at xxxxx@xxxx.xxx.xx, quoting reference number RQ23/05821.
Yours sincerely,

Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
8 December 2023

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Attachment A

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Review rights
Review by the Administrative Appeals Tribunal
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 legal y correct. You can make this application under
the Administrative Decisions (Judicial Review) Act 1977.
The Court wil  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 is available on our website:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/make-an-foi-complaint/.
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