Our reference: RQ20/01313
Agency reference: FOI 1563
Mr Andy Johnson
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Johnson
On 26 March 2020, the Department of Health (the Department) applied for further time to
make a decision on your FOI request of 25 February 2020 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 and voluminous.
The Department attempted to obtain an agreement under s 15AA of the FOI Act for an
extension of time from you on 23 March 2020. The Department 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 of Health an extension of time of 14 days under
s 15AB(2) of the FOI Act
to 9 April 2020. I am satisfied that the Department’s application for
an extension of time is justified, because the request is complex and voluminous. My reasons
follow:
• the Department considers that the request is complex and voluminous on the basis
that responding to the request requires consultation with multiple divisions within
the Department
• the Department is currently managing the unprecedented event of the COVID-19
pandemic with a large amount of departmental resources being diverted to respond
• the relevant line areas of the Department responsible for locating and advising on
the documents within the scope of the request are experiencing an increased
workload as they are managing and responding to the COVID-19 pandemic, and
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
• despite the above, the processing of the request is being actively progressed by the
Department.
Contact
If you have any questions about this letter, please contact me on (02) 9284 9729 or via email
xxxxx.xxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference number at the
top of this letter.
Yours sincerely
Emily Harty
Review Adviser (Legal)
Freedom of Information
1 April 2020
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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
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 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
th
e 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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