Our reference: RQ19/00618
Agency reference: CM19/109
Ms Evelyn Doyle
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Doyle
On 12 February 2019, the Australian Commission for Law Enforcement Integrity (ACLEI)
applied for further time to make a decision on your FOI request of 13 December 2018. This
application is on the basis that the processing period is insufficient to deal adequately with
your request, because it is complex.
ACLEI
previously obtained your agreement under s 15AA of the FOI Act for an extension of
time.
Decision
As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for extensions of time under s 15AB of the FOI Act.
I have decided to grant ACLEI an extension of time of 20 days under s 15AB(2) of the FOI Act
to 4 March 2019. I am satisfied that ACLEI’s application for an extension of time is justified,
because your request is complex. My reasons follow:
The document within the scope of the request contains sensitive information
requiring third party consultation
ACLEI is experiencing delays as third party consultations have not been finalised.
Contact
If you have any questions about this email, please contact me on (02) 9284 9686 or via email
xxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference number
RQ19/00618.
1300 363 992
T +61 2 9284 9686
GPO Box 5218
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
Yours sincerely
Adie Chang Assistant Review and Investigation Adviser (Legal)
Freedom of Information Dispute Resolution
21 February 2019
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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:
FOI fact sheet 16: Freedom of information — Extensions of time
FOI agency resource 13: 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/foi-complaints
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