Our reference: RQ19/02165
Agency reference: FOI/2019/150
Mr H W
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr W
On 20 August 2019, the Department of the Prime Minister and Cabinet (the Department)
applied for further time to make a decision on your FOI request of 28 June 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.
The Department advised that the statutory timeframe had already been extended to allow
for consultation in accordance with s 15(6) of the FOI Act.
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 30 days under s 15AB(2) of
the FOI Act
to 26 September 2019. I am satisfied that the Department’s application for an
extension of time is justified, because the request is complex. My reasons follow:
• the request relates to sensitive commercial and professional information of a third
party organisation and its staff, some of whom are no longer employed by the
organisation
• the Department has experienced delays in receiving a response to third party
consultations. The third party organisation has advised the Department that it is
necessary to track down and contact relevant former staff before a substantive
response can be provided. Further time is required for the Department to receive the
substantive response from the third party
• due to the sensitive nature of the documents, there is a limited number of
Department staff with access to the relevant documents and further time is required
for staff to obtain relevant clearances.
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
22 August 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:
For FOI 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
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/reviews-and-complaints/make-an-foi-
complaint/ .
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