Our reference: RQ20/01444
Agency reference: FOI 1623
Steven
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Steven
On 8 April 2020, the Department of Health (the Department) applied to the Office of the
Australian Information Commissioner (the OAIC) for further time to make a decision on your
FOI request of 26 March 2020 under the
Freedom of Information Act 1982 (Cth) (the FOI Act).
This application was 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.
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
25 May 2020. I am satisfied that the Department’s application for an extension of time is
justified, because your request is complex since:
• the resources of Services Australia have been diverted towards implementing the
government's response to the COVID-19 pandemic such that the search and retrieval
process is taking an extended time period, and
• the availability of specialised decision-makers will impact on the Department’s
ability to make a decision on the FOI request within the statutory period noting that
the decision-maker for this request has responsibilities regarding the national
incident room and the COVID-19 pandemic.
1300 363 992
T +61 2 9284 9749
GPO Box 5218
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
Contact
If you have any questions about this email, please contact me on 02 9284 9878 or by email
xxxxxx.xxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference
RQ20/01444.
Yours sincerely
Rachel Ranjan
Dr Rachel Ranjan
Assistant Director
Freedom of Information
20 April 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 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 a
t 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/.
3
Document Outline
