Our reference: RQ19/01300
Agency reference: 1-HKFA1RB
Deux NonPareil
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Deux,
On 3 May 2019, the Australian Taxation Office (the agency) applied for further time to make a
decision on your FOI request of 6 April 2019 under the
Freedom of Information Act 1982 (Cth)
(the FOI Act).
This application is on the basis that the processing period is insufficient to deal adequately
with your request, because it is complex.
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 the agency an extension of time of 14 days under s 15AB(2) of the FOI
Act to
20 May 2019. In coming to this decision I have considered factors and advice,
including the following:
The sensitives of the documents identified as falling within the scope of your
request, which includes a mix of personal and professional information related to an
ongoing internal dispute
The complexity in undertaking searches for documents, including the unavailability
of staff and office closures over the Easter and Anzac Day period
Extensive consultation with internal stakeholders is required prior to the release of
any documents
the Guidelines issued by the Information Commissioner under s 93A of the FOI Act at
[3.149] which states:
Staff absences due to public holidays or agency shutdown periods may be relevant to
whether an extension should be granted, if the particular staff members have skills or
knowledge that may be required to process the request in the normal statutory timeframe.
1300 363 992
T +61 2 9284 9711
GPO Box 5218
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
On the other hand, lack of staff because of inadequate allocation of resources to FOI
processing or failure to assign additional temporary resources to FOI processing at peak
times will not normally justify an extension in the absence of other extenuating
circumstances.
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.
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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/foi-complaints
Contact
If you have any questions, please contact me on (02) 9284 9711 or via email
xxxxx@xxxx.xxx.xx. In all correspondence please include reference number RQ19/01300.
Yours sincerely
Hannah Kreiselmaier
Assistant Review and Investigation Adviser
14 May 2019
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