Decision to grant an extension of time under s 54D of the
Freedom of Information Act 1982
Agency
APSC - Australian Public Service Commission
FOI applicant
Cynthia T
Date of decision
18 January 2024
OAIC reference number
RQ24/00273
Agency reference number
LEX 761
Decision
On 16 January 2024, Australian Public Service Commission (the APSC) applied to the
Information Commissioner under s 54D of the
Freedom of Information Act 1982 (Cth) (FOI Act)
for an extension of 30 days to 14 February 2024 to process Cynthia T’s (the FOI applicant)
request of 16 December 2023 (the FOI request).
The FOI Applicant’s request has been deemed as affirmed as a decision has not been made
by the APSC within the statutory timeframe. You have therefore sought further time to
process the 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 APSC further time under s 54D of the FOI Act to
29 January 2024.
In coming to this decision I have considered factors including your advice that:
• The absence of key decision -making personnel due to the Agency’s shutdown period
over December and January.
While the APSC has requested a 30 day extension, I have decided to grant a 14 day extension
of time to
29 January 2024 noting the complexity of this request appears to be limited to the
Agency shutdown period.
By granting further time it is anticipated that the APSC will provide a well-reasoned and
better managed decision.
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
This extension of time means that the deemed affirmation is taken never to have applied if
the APSC makes a decision and takes all reasonable steps to provide it to the FOI applicant
by
29 January 2024.
Such an extension can only be granted once and cannot be extended by a variation.
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
Contact
If you have any questions about this letter, please contact me at xxxxx@xxxx.xxx.xx. In all
correspondence please include OAIC reference: RQ24/00273.
Yours sincerely,
Hannah Holswilder Director
Freedom of Information Branch
Office of the Australian Information Commissioner
18 January 2024
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