Our reference: RQ20/00116
Agency reference: LEX1066
Mr Christopher Wilson
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Wilson
On 8 January 2020, the Department of Foreign Affairs and Trade (the Department) applied
for further time to make a decision on your FOI request of 10 December 2019 under the
Freedom of Information Act 1982 (Cth) (the FOI Act).
This application was made on the basis that the processing period is insufficient to deal
adequately with your request, because it is complex.
The Department attempted to obtain an agreement under s 15AA of the FOI Act for an
extension of time from you. The Department did not receive a response from you.
Contact with you
On 9 January 2020, my col eague Ms Tahnee De Souza wrote to you to seek your view on the
Department’s application. She invited you to provide any comments by 13 January 2020. You
have not responded to those inquiries.
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 32 days under s 15AB(2) of
the FOI Act
to 10 February 2020. I am satisfied that the Department’s application for an
extension of time is justified, because the request is complex. My reasons fol ow:
• the Department has advised that the FOI request is complex in nature and requires
extensive internal consultation
• the Department was also required to conduct consultations with other agencies in
relation to the document requested
• the Department experienced a period of reduced activity over the Christmas and
New Year and staff were unavailable to conduct searches and process FOI requests
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
• some of the processing time for your FOI request included this reduced activity
period, and
• when consulted by the OAIC, you did not provide your view on the Department’s
application.
Contact
If you have any questions, please contact me on (02) 9284 9721 or via email
xxxxxxx.xxxxxx@xxxx.xxx.xx. In all correspondence please include the OAIC reference
RQ20/00116.
Yours sincerely
Shelley Napper
Assistant Director (A/g)
Freedom of Information
14 January 2020
2
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/.
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 wil 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/ .
3
Document Outline
