Decision to decline an extension of time under
s 54D of the
Freedom of Information Act 1982
Agency
Department of Veterans' Affairs
Applicant
Alan Ashmore
Date of decision
12 March 2024
OAIC reference number
RQ24/00866
Agency reference number
64862
Decision
1. On 7 March 2024, the Department of Veterans' Affairs (the Agency) applied to the
Information Commissioner under s 54D(3) of the
Freedom of Information Act 1982 (Cth)
(FOI Act) for an extension of 30 days to 31 March 2024 to process Alan Ashmore’s (the
Applicant) FOI internal review request of 31 January 2024 (the internal review request).
2. The Applicant’s internal review request has been deemed as affirmed as a decision has
not been made by the Agency by 1 March 2024.
3. I am a delegate of the Information Commissioner. I am authorised to make decisions on
applications for further time under s 54D(4) of the FOI Act.
4. On the basis of the information before me, I have decided to decline the Agency’s
request for further time to deal with the internal review request. The Agency is
therefore deemed to have affirmed the original FOI decision on 1 March 2024. The
Agency is encouraged, in the interested of administrative efficiency, to continue to
process the request and release documents administratively if the applicant has not yet
applied for IC review of the deemed decision.
Background
5. The background to this application is summarised in
Attachment A.
6. A copy of the Agency’s reasons for seeking an extension are included at
Attachment A.
Reasons for decision
7. Subsection 54D(4) of the FOI Act provides that I may allow further time that I consider
appropriate for an agency or Minister to deal with the request.
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8. In making my decision under s 54D(4), I have considered the information provided by
the Agency, and the FOI Guidelines issued by the Information Commissioner under s 93A
of the FOI Act, in particular paragraphs [3.150] – [3.157].
9. On the information before the OAIC, I am not satisfied that the application for further
time is justified, for the following reasons:
• The application provides limited evidence of appropriate work being undertaken
by the Agency to process the internal review request to date. As such, it
appears the Agency did not utilise the processing period effectively and I cannot
find that an extension is justified.
10. The effect of this decision is that the Agency remains deemed to have affirmed the
original FOI decision on
1 March 2024.
11. It is open to the applicant to seek Information Commissioner review (IC review) of the
Agency’s deemed affirmation decision of
1 March 2024 . Further information on
applying for IC review is available on the OAI
C website. Any application for IC review
would need to be made within 60 days of the agency’s decision or deemed affirmation
decision.
12. For further information, the OAIC website provides a resource containing information
on applying for an extensions of time to process freedom of information requests.
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 on 1300 363 992 or by
email
at xxxxx@xxxx.xxx.xx, quoting reference number RQ24/00866.
Yours sincerely,
Hannah Holswilder Director
Freedom of Information Branch
Office of the Australian Information Commissioner
12 March 2024
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Attachment A
Background to processing period
Background
Processing period
Due date
FOI internal review request made on
30 days
1 Mach 2024
31 January 2024
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Attachment B
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 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 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 .
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 a
t http://www.ombudsman.gov.au .
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