Decision to grant an extension of time under
s 54D of the Freedom of Information Act 1982
Agency
Department of Defence
Applicant
Ray D
Date of decision
25 June 2025
OAIC reference number
RQ25/03296
Agency reference number
744/24/25
Decision
1.  On  12  June  2025,  Department  of  Defence    (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 8 July 2025 to process Ray D’s (the Applicant) FOI internal
review request of 9 May 2025 (the internal review request).
2.  The Applicant’s internal review request has been deemed as affirmed as a decision was
not made by the Agency by 8 June 2025.
3.  As 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.  Under s 54D(4) I have decided to grant the Agency further time to deal with the internal
review request to 8 July 2025. My reasons are outlined below.
5.  By granting further time it is anticipated that the Agency wil  provide a wel -reasoned
and better managed decision.
Background
6.  The background to this application is summarised in Attachment A.
7.  A copy of the Agency’s reasons for seeking an extension are included at Attachment B.
Reasons for decision
8.  Subsection 54D(4) of the FOI Act provides that I may al ow further time that I consider
appropriate for the Agency or Minister to deal with the request.
9.  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].
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10.  On the information before the OAIC, I am satisfied that the application for further time
until 8 July 2025 is justified, for the fol owing reasons:

  Based  on  the  Agency’s  submissions,  I  am  satisfied  that  the  internal  review
request  involves  a  level  of  complexity  and  volume  which  has  required  the
Agency to examine a sample of documents within the scope of the FOI request
to determine whether processing the request would involve an unreasonable
diversion of resources.
  Granting  this  extension  may  avoid  the  need  for  the  applicant  to  lodge  an
application for Information Commissioner review (IC review). As such, I consider
that  granting  this  extension  of  time  assists  in  facilitating  and  promoting  the
objects of the FOI Act, as wel  as providing the applicant with access to the full
review mechanisms available under the FOI Act, which would otherwise not be
available if the internal review decision remained a deemed affirmation of the
original decision.1
  Granting  this  extension  of  time  is  expected  to  provide  the  internal  review
applicant with an internal review decision by the agency by 8 July 2025, which
wil  be substantial y sooner than a decision in an Information Commissioner
review (IC review).
  Granting this further time wil  also extend the timeframe for the applicant to
apply for an IC review of the Agency’s internal review decision.

11.  In granting this further time, 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
12.  The new due date for the Agency’s internal review decision is now 8 July 2025.
13.  This further time granted under s 54D of the FOI Act means that the deemed affirmation
is taken never to have applied if the agency makes a decision on the internal review
request by 8 July 2025. Such an extension can only be granted once and cannot be
extended by a variation.
14.  If the Agency does not provide the applicant a decision by 8 July 2025, or the applicant
disagrees  with  a  decision  from  the  agency,  it  wil   be  open  to  the  applicant  to  seek
Information Commissioner review (IC review).
15.  Further information on applying for IC review is available on the OAIC website.
16.  Any application for IC review would need to be made within 60 days of the agency’s
decision or deemed affirmation.
17.  For further information, the OAIC website provides a resource containing information
on applying for an extensions of time to process freedom of information requests.
18.  This extension of time matter is now closed. Your review rights are set out below.

1 According to the Revised Explanatory Memorandum to the Freedom of Information Amendment
(Reform) Bill 2010 (Cth) [p. 28]
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19. 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 RQ25/03296.
Yours sincerely,
Melih Sayan
Assistant Review Advisor
Freedom of Information Case Management Branch
Office of the Australian Information Commissioner
25 June 2025

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Attachment A

Background to processing period

Background
Processing period
Due date

FOI internal review request
30 days
8 June 2025
made on 9 May 2025

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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 the 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 at http://www.ombudsman.gov.au.
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Document Outline