Decision to decline an extension of time application under s 15AB of
the Freedom of Information Act 1982
Agency
Department of Veterans' Affairs
FOI applicant
Ms Julie Anderson
Date of Decision
4 December 2023
OAIC reference number
RQ23/05759
Agency reference number
LEX62181

Decision
1.
I refer to the application made by Department of Veterans' Affairs (the Department)
under s 15AB(1) of the Freedom of Information Act 1982 (Cth) (FOI Act) for an extension
of time to process Ms Julie Anderson’s (the FOI applicant) request of 26 October 2023
(the FOI request).
2.
As a delegate of the Information Commissioner, I am authorised to make decisions on
extensions of time applications made under s 15AB(2) of the FOI Act.
3.
On the information before the Information Commissioner, I have decided to decline
the Department’s request to extend the processing period. A decision on the FOI
applicant’s request therefore remained due by 25 November 2023. My reasons are
outlined below.
Background
4.
On 26 October 2023, the FOI applicant made an FOI request to the Department. The
FOI decision was due on 25 November 2023. As this is a Saturday, I note that the
Department had until the next business day, 27 November 2023 to notify the decision.
5.
On 27 November 2023, the Department applied to the Information Commissioner for
further time to process the FOI applicant’s request under s 15AB(1) of the FOI Act, on
the basis that the processing period is insufficient to adequately deal with the FOI
request, because it is complex and/or voluminous. A copy of the Department’s reasons
is included at Attachment A.
1300 363 992
T +61 2 9284 9749
GPO Box 5218
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937

Reasons for decision
6.
Subsection 15AB(2) of the FOI Act requires that I consider whether the application is
justified on the basis that the processing period referred to in s 15(5)(b) is insufficient
for dealing with the request, on the basis that the request is complex or voluminous.
7.
In declining to extend the processing period under s 15AB(2), 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 [3.150] – [3.155]
•  the scope of the FOI request
•  the Department’s reasons for seeking an extension
•  whether an agreement to extend the processing period under s 15AA of the FOI
Act has first been attempted or obtained by the Department
•  the work already undertaken, and still required, to finalise the request
•  the FOI applicant’s views on this extension of time request.

8.
On the information before the OAIC, I am not satisfied that the application to extend
the processing period is justified, for the fol owing reasons:

•  the Department’s assertion that “the complexity arose from the scope ambiguity,
which could be interpreted in differing ways” is an insufficient reason to support
the complexity of the request. The application notes the Department did not
commence informal consultation with the applicant to clarify the scope until 11
days after receipt and a fol ow-up to that consultation did not occur until 21 days
after receipt. In addition to these significant delays in attempting to informal y
consult with the applicant, the Department failed to utilise the formal request
consultation process provided under s 24AB of the FOI Act which would have
al owed for further processing time in this request. As such, it does not appear
that the processing period for this request is insufficient on the basis of
complexity.

•  There do not appear to be other extenuating circumstances to demonstrate that
the FOI applicant’s request is otherwise sufficiently complex for the Department
to deal with so as to justify an extension under s 15AB(2).
9.
In declining this extension, I have also considered the limited available evidence of
work undertaken by the Department to process the FOI request to date and limited
explanation as to the steps involved, and processing time required, to finalise the
request. I also note that the Department has not first attempted to obtain the FOI
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applicant’s agreement under s 15AA to facilitate an agreed extension, prior to seeking
a s 15AB extension.
10.  the Department was required to provide the FOI applicant with a decision by 25
November 2023.The Department continues to have an obligation to provide a
statement of reasons on the FOI request.

11.  If the Department has not provided the FOI applicant a decision by 25 November 2023,
the FOI applicant may seek review by the Information Commissioner of the
Department’s deemed access refusal decision of 25 November 2023. Further
information on applying for IC review is available on the OAIC website. Any application
for IC review should be made within 60 days of the Department’s decision or deemed
decision. It also remains open to the Department to apply for a further extension of
time from the Information Commissioner if considered appropriate.

12.  This extension of time matter is now closed. Your review rights are set out below.

13.  If you wish to discuss this matter, please contact us by email at xxxxx@xxxx.xxx.xx
quoting reference number RQ23/05759.
Yours sincerely

Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner

4 December 2023
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Attachment A
THE DEPARTMENT’s reasons for requesting an extension of time, as included in the
extension of time request form.

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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 legally 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/your-freedom-of-information-
rights/freedom-of-information-complaints/make-an-foi-complaint .
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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