Our reference: RQ19/03564
Agency reference: FOI19/283
Chris H
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Chris H
On 18 December 2019, the Attorney-General’s Department (the Department) applied for
further time to make a decision on your FOI request of 8 December 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 Department an extension of time under s 15AB(2) of the FOI Act
to 24 January 2020. I am satisfied that the Department’s application for an extension of
time is justified, because the request is complex. In coming to this decision, I have
considered factors including the Department’s advice that:
• the Department’s ability to process the request wil be impacted by the Christmas
shutdown period
• the FOI and Parliamentary (FOIP) Section, which has responsibility for managing and
processing al FOI requests on behalf of the Department, has limited or no available
staff for the processing of FOI requests; and
• other staff required to be involved in the processing of FOI requests at the
Department, including subject-matter experts in various line-areas and delegated
decision makers are not available or have limited capacity to depart from their
ordinary duties to assist FOIP with the processing of FOI requests.
By granting an extension of time it is anticipated that the Department wil provide a wel -
reasoned and better managed decision.
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
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
Contact
If you have any questions, please contact me via email xxxxx.xxxxxxxx@xxxx.xxx.xx. In all
correspondence please include the OAIC reference RQ19/03564.
Yours sincerely
Irene Nicolaou
Director (A/g)
Freedom of Information
23 December 2019
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 legal y 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/.
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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 fol owing a decision made under the FOI Act. Complaints
usual y 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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Document Outline
