Our reference: RQ19/02951
Agency reference: FOI 19/20-0412
Mr Phillip Sweeney
Sent by email: firstname.lastname@example.org
Extension of time under s 15AB
Dear Mr Sweeney
On 11 November 2019, the National Disability Insurance Agency (the Agency) applied for
further time to make a decision on your request under the Freedom of Information Act 1982
(Cth) (the FOI Act) of 11 October 2019.
The Agency’s application was made on the basis that the processing period in the FOI Act is
insufficient to deal adequately with your request, because it is complex.
The Agency attempted to obtain an agreement from you under s 15AA of the FOI Act for an
extension of time. The Agency advised that it did not receive a response from you.
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 seven days under s 15AB(2) of the
FOI Act to 18 November 2019
. I am satisfied that the Agency’s application for an extension
of time is justified, because the request is complex.
In making my decision, I have had regard to the reasons provided by the Agency, including
• the Agency experienced difficulties with locating documents relevant to the scope of
• internal consultations were required to assist with locating the relevant documents
and the extensive consultations were considerably time-consuming.
1300 363 992
T +61 2 9284 9686
GPO Box 5218
F +61 2 9284 9666
Sydney NSW 2001
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If you have any questions about this email, please contact me on (02) 9284 9686 or via email email@example.com.
In all correspondence please include OAIC reference number at the top of
Assistant Review and Investigation Adviser (Legal)
Freedom of Information Dispute Resolution
14 November 2019
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 at http://www.fedcourt.gov.au/.
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
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 i
f 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-