Decision to decline an extension of time under
s 15AB of the
Freedom of Information Act 1982
Agency
Attorney-General’s Department
Applicant
David Hol ingworth
Decision date
3 October 2025
OAIC reference number
RQ25/05902
Agency reference number
FOI25/403
Decision
1. On 26 September 2025, the Attorney-General’s Department (the Agency) applied under
s 15AB(1) of the
Freedom of Information Act 1982 (Cth) (FOI Act) to the Information
Commissioner for an extension of 30 days to 1 November 2025 to process David
Hol ingworth’s (the Applicant) request of 2 September 2025 (the FOI request). This
application was made on the basis that the processing period is insufficient to deal
adequately with the FOI request because it is complex and voluminous.
2. As a delegate of the Information Commissioner, I am authorised to make decisions on
extension 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 Agency’s request to extend the processing period. A decision on the Applicant’s
request therefore was due by
2 October 2025. 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. My reasons are outlined below.
Reasons for decision
4. 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.
5. In making my decision under s 15AB(2), 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 [3.259] – [3.264].
6. In particular, I have considered the FOI Guidelines at [3.260], which provides:
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An application for an extension of time under s 15AB may only be made in relation to a
specific FOI request. The complexity or volume described in a s 15AB application relates to
the particular request for which an extension of time is sought. It does not relate to the
complexity and volume of the aggregated FOI caseload of the agency or minister. The
discretion in s 15AB cannot be exercised to provide a ‘blanket’ extension of time to a cohort
of cases; each request needs to be considered on its individual merits.
7. 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 reasons provided by the Agency do not address the complexity or volume
involved in processing the applicant’s particular FOI request, including the
number of documents captured, or the specific chal enges that may be involved
in processing this specific FOI request.
While the Agency submits that a cohort of FOI requests it has received relating to
the proposed FOI reforms, are- in their totality- complex and voluminous to deal
with, an extension under s 15AB cannot be exercised to provide a ‘blanket’
extension to a cohort of cases. As outlined above, each request needs to be
considered on its individual merits.
8. In declining this extension, I have also considered that the Agency has not first
attempted to obtain the Applicant’s agreement to extend the processing timeframe
under s 15AA prior to seeking a s 15AB extension, and it is not clear whether the delays
involved have been communicated to the applicant.
9. If the Agency did not provide the Applicant a decision by 2 October 2025, the Applicant
may seek review by the Information Commissioner of the Agency’s deemed access
refusal decision of 2 October 2025. Further information o
n applying for IC review is
available on the OAI
C website. Any application for IC review should be made within 60
days of the Agency’s decision or deemed decision. It also remains open to the Agency
to apply for a further extension of time from the Information Commissioner under s
15AC if considered appropriate.
10. The Agency may like to consider the OAIC’s
FOI Agency Resource- Managing an
increased volume of FOI requests, for practical strategies if can take to manage in
increase in FOI requests.
11. For further information, the OAIC website provides a resource containing information
o
n applying for an extensions of time to process freedom of information requests.
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 a
t xxxxx@xxxx.xxx.xx.
Yours sincerely,
Melih Sayan
Assistant Review Advisor, FOI Case Management Branch
Office of the Australian Information Commissioner
3 October 2025
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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
a
t 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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