Decision to grant an extension of time under s 15AB of the
Freedom of Information Act 1982
Agency
Australian Bureau of Statistics
FOI applicant
Grace n/a
Date of decision
15 December 2023
OAIC reference number
RQ23/06145
Agency reference number
FOI202324-14

Decision
1.
On 13 December 2023, the Australian Bureau of Statistics (the ABS) applied to the
Information Commissioner under s 15AB(1) of the Freedom of Information Act 1982
(Cth) (FOI Act) for an extension of 30 days, to 27 January 2024, to process Grace n/a’s
(the FOI applicant) request of 28 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 28
days to 25 January 2024. My reasons are outlined below.
4.
I note the ABS has requested an extension of time to 27 January 2024, however, based
on the information before the OAIC, I have decided to grant an extension to 25 January
2024 noting 27 January 2024 is a Saturday and 26 January 2024 is a public holiday.
Background
5.
On 28 November 2023, the FOI applicant made an FOI request to the ABS. The FOI
decision was due to be provided to the FOI applicant on 28 December 2023.
6.
On 13 December 2023, the ABS 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 ABS’ 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
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 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
•  ABS’ 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 ABS
•  any extension to the processing timeframes utilised under s 15(6)
•  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 25 January 2024 is justified, for the fol owing reason:

•  Based on the scope of the FOI applicant’s request and ABS’ submissions, I am
satisfied that the request is complex, based on the range and highly technical
nature of documents captured by the request, the chal enges involved in the
search and retrieval of any relevant documents, and the requirement to consult
with the Australian Electoral Commission (AEC) and obtain subject matter
expertise.

10.  In granting this extension, I have also considered the work already undertaken by the
ABS to finalise the request, measures taken by ABS to ensure a decision is made within
the extended time period, steps taken by the ABS to first obtain a 15AA agreement
from the FOI applicant, and steps taken by the ABS to keep the FOI applicant informed
of progress.

11.  The ABS must provide the FOI applicant with a decision by 25 January 2024.

12.  If the ABS does not provide a decision by 25 January 2024 the FOI applicant may seek
review by the Information Commissioner of the ABS’ deemed access refusal decision
of 25 January 2024. 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 ABS’ decision or deemed decision. It also remains open to the ABS to apply for a
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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 RQ23/06145.

Yours sincerely,

Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
15 December 2023
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Attachment A
The ABS’ 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 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.
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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 at
http://www.ombudsman.gov.au .

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Document Outline

Decision