Our reference: RQ20/01604
Agency reference: FOI 1681
Mr Chris F
Sent by emai
l: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Chris
On 6 May 2020, the Department of Health (the Department) applied for further time to make
a decision on your FOI request of 29 April 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 Department attempted to obtain an agreement under s 15AA of the FOI Act for an
extension of time from you. The Department advised that you refused the request for an
extension of time.
Contact with you
On 7 May 2020, I wrote to you to seek your view on the Department’s application. You
responded to my inquiries and provided comments that I have taken into consideration,
including:
• You do not consider that the request is either voluminous or complex: you estimate that
there would be no more than a couple of documents being produced per day over the
time-period of the request that would fall within the scope of your request. You also
consider that searches for relevant documents would not take long to perform.
• You consider that there is a public interest in the release of the information requested. In
particular you referred to public commentary on the implementation and functioning of
the COVIDsafe app and the implications for the use of the app in relation to public policy
around COVID-19 restrictions.
• You also consider that the release of the information is time sensitive because the
CODVIDsafe app is being used in relation to proposed legislation and impending public
health policy changes around COVID-19.
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
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 28 June 2020. I am satisfied that the Department’s application for an extension of time is
justified, because the request is complex. My reasons follow:
• The Department has experienced a significant impact on its resources generally as a
result of the COVID-19 pandemic and the Department has received a large volume of
requests in relation to COVID-19.
• The line area responsible to conducting searches in relation to the request currently
does not the resources required as a result of COVID-19.
• The decision maker for this request is currently unavailable due to their national
incident room responsibilities.
While I note your objections to this extension of time application, I am satisfied that a 30 day
extension of time is appropriate in this circumstance.
Contact
If you would like to discuss this matter you may contact me on 02 9284 9745 or via email
xxxx.xxxxxxx@xxxx.xxx.xx. In all correspondence please include the reference number at the
top of this letter.
Yours sincerely
Carl English
Review Adviser (Legal)
Freedom of Information Dispute Resolution
13 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 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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