Our reference: RQ20/01710
Agency reference: CRM 2020/582
Mr Justin Warren

Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Warren
On 27 May 2020, the Australian Federal Police (the AFP) applied for further time to make a
decision on your FOI request of 28 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.
The AFP advised that the statutory timeframe had already been extended to allow for
consultation in accordance with s 15(6) of the FOI Act.
The AFP previously obtained agreement under s 15AA of the FOI Act for a 30-day extension of
time from you to 28 April 2020.
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 considered the AFP’s application and have decided to decline an extension. In coming
to this decision, I have considered factors, including:
•  the FOI request was received on 28 February 2020
•  on 24 March 2020, the applicant agreed to an extension of 30 days under s 15AA
•  on 24 April 2020, the AFP notified the applicant of third party consultation under s
15(6) of the FOI Act and the processing period was extended by 30 days, and
•  the AFP’s submissions regarding the complexity of this matter.
Based on the information currently before the OAIC, I am not satisfied that the Department
has established further time for dealing with this request is required for the purposes of
s 15AB of the FOI Act.
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

The effect of this decision is that the AFP is deemed to have refused your FOI request. If the
AFP has not issued you with its decision by 28 May 2020, you may wish to seek Information
Commissioner review of the AFP’s deemed refusal of your request here. Further information
on applying for IC review is available on the OAIC website.
I note that the Freedom of Information (Charges) Regulations 1982 provides if an applicant is
not notified of a decision on a request within the statutory time limit (including any
extension of time), the agency or minister cannot impose a charge for providing access, even
if the applicant was earlier notified that a charge was payable (regs 7(2), (3)).
Contact
If you have any questions about this letter, please contact me on (02) 9284 9721 or via email
xxxxxxx.xxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference
RQ20/01710.
Yours sincerely

Shelley Napper
Assistant Director (A/g)
Freedom of Information
29 May 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 wil 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
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

Extension of time under s 15AB