Decision to grant an extension of time under s 15AB of the
Freedom of Information Act 1982
Agency
APSC - Australian Public Service Commission
FOI applicant
Mr Paul Williams
Date of decision
20 December 2023
OAIC reference number
RQ23/06448
Agency reference number
LEX 718
Decision
1.
On 20 December 2023, the Australian Public Service Commission (the Agency)
applied to the Information Commissioner under s 15AB(1) of the
Freedom of Information Act
1982 (Cth) (FOI Act) for an extension of 31 days to 22 January 2024 to process Mr Paul
Williams’s (the FOI applicant) request of 22 November 2023 (the FOI request).
2.
As a delegate of the Information Commissioner, I am authorised to make decisions
on extension of time applications under s 15AB(2) of the FOI Act.
3.
Under s 15AB(2) of the FOI Act, I have decided to extend the processing period by 21
days to 12 January 2024. My reasons are outlined below.
4.
I note the Agency has requested an extension of time to 22 January 2024, however,
based on the information before the OAIC, I have decided to grant an extension to 12
January 2024. While the request appears to involve some complexity, I note that the Agency
has commenced a request consultation process and the outcome of this process, and any
revision to the scope of the request that may occur through this process, is not known at this
time. As such, I am not satisfied that a 31 day extension of time is justified in the
circumstances based on the limited available evidence relating to the ongoing complexity of
this matter.
Background
5.
On 22 November 2023, the FOI applicant made an FOI request to the Agency. The FOI
decision was due to be provided to the FOI applicant on 22 December 2023.
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
6.
On 20 December 2023, the Agency applied to the Information Commissioner for
further time to process the FOI applicant’s request under s 15AB(1) on the basis that the
processing period is insufficient to adequately deal with the FOI request, because it is
complex. A copy of the agency’s reasons is included at
Attachment A.
Reasons for decision
7.
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.
8.
In granting this extension of time under s 15AB(2), I have considered the following
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 Agency’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 Agency
• the work already undertaken, and still required, to finalise the request.
9.
On the information before the OAIC, I am satisfied that an extension to the
processing period until
12 January 2024 is justified, for the following reasons:
• Based on the Agency’s submissions, I am satisfied that the request is complex,
based on the absence of key decision-making personnel due to the Agency’s
shutdown period and the requirement to consult with multiple third parties.
10.
In granting this extension, I have also considered the work already undertaken by the
Agency to finalise the request, measures taken by the Agency to ensure a decision is made
within the extended time period and steps taken by the Agency to first obtain a 15AA
agreement from the FOI applicant.
11.
The Department must provide the FOI applicant with a decision by 12 January 2024.
12.
If the Agency does not provide the FOI applicant a decision by 12 January 2024 the
FOI applicant may seek review by the Information Commissioner of the Agency’s deemed
access refusal decision of 12 January 2024. Further information o
n 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. It also remains open to the Agency to
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apply for a further extension of time from the Information Commissioner if considered
appropriate.
13.
This extension of time matter is now closed. Your review rights are set out below.
14.
If you would like to discuss this matter, please contact our office by email at
xxxxx@xxxx.xxx.xx, quoting reference number RQ23/06448.
Yours sincerely,
Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
20 December 2023
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Attachment A
The agency’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 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 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 following a decision made under the FOI Act. Complaints
usually 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
th
e 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/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
