Our reference: RQ18/03544
Agency reference: CRM 2019/229
Sam
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AC
Dear Sam
On 29 November 2018, the Australian Federal Police (the AFP) advised this office that it had
not made a decision on your FOI request of 28 November 2018 within the statutory period
provided by the
Freedom of Information Act 1982 (Cth) (the FOI Act). Consequently, the FOI
Act deems that the AFP has refused your request.
However, s 15AC of the FOI Act allows the Information Commissioner to extend the
processing time for an FOI request where the initial decision period has ended and the
agency or Minister has not provided the applicant with notice of a decision. The AFP has
applied for further time to finalise your request.
Contact with you
On 6 December 2018, the OAIC wrote to you to seek your view on the AFP’s application. You
have not responded to our inquiries.
Decision
As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for extensions of time under s 15AC(5) of the FOI Act. I have decided to grant the
AFP an extension of time to
11 January 2019 to process your request.
This extension of time under s 15AC of the FOI Act means that the deemed refusal is taken
never to have applied if the AFP makes a decision on your request by
11 January 2019. Such
an extension can only be granted once and cannot be extended by a variation.
I note that the
Freedom of Information (Charges) Regulations 1982 provides if an applicant is
not notified of a decision on a request within the statutory time limit (including any
extension of time), the agency or minister cannot impose a charge for providing access, even
if the applicant was earlier notified that a charge was payable (regs 5(2), (3)). This extension
under s 15AC of the FOI Act does not mean that charges can be reimposed and any deposit
you have paid should be refunded.
1300 363 992
T +61 2 9284 9749
GPO Box 5218
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
Contact
If you have any questions about this email, please contact me on 02 9284 9745 or via email
xxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference number
RQ18/03544.
Yours sincerely
Carl English
Assistant Review and Investigation Officer
Freedom of Information
13 December 2018
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