Our reference: RQ19/01295
Agency reference: 1109-1819
Ms Alissa Pattrick
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Pattrick
On 2 May 2019, the Department of Health (the Department) 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 voluminous.
The Department attempted to obtain an agreement under s 15AA of the FOI Act for an
extension of time from you. The Department advised that it did not receive a response from
you.
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 Department an extension of time of 15 days under s 15AB(2) of
the FOI Act
to 21 May 2019. I am satisfied that the Department’s application for an extension
of time is justified, because the request is voluminous. My reasons follow:
the Department has identified over 7409 documents to fall within the scope of the
request, totalling approximately 405,000 pages
the Department estimates the time to process the request would exceed 2418 hours
on 1 May 2019, the Department attempted to contact you in relation to the scope of
the request but has not received a response.
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
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 at the top of
this letter.
Yours sincerely
Adie Chang Assistant Review and Investigation Adviser (Legal)
Freedom of Information Dispute Resolution
15 May 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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