Our reference: RQ21/00263
Agency reference: LEX2731
Mr Elias Ross
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Ross
On 1 February 2021, the Department of Foreign Affairs and Trade (the Department) applied
for further time to make a decision on your FOI request of 6 October 2020 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 and voluminous.
The statutory timeframe had been suspended under s 24AB of the FOI Act.
The Department also advised that the statutory timeframe had been suspended under s 31
of the FOI Act.
The Department previously obtained your agreement under s 15AA of the FOI Act for a 30-
day extension of time to 1 February 2021.
Contact with you
On 2 February 2021, 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.
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 29 days under s 15AB(2) of
the FOI Act
to 2 March 2021. I am satisfied that the Department’s application for an
extension of time is justified, because the request is complex and voluminous. My reasons
and considerations follow:
• on 6 October 2020, the Department received your request
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
• on 7 October 2020, the Department acknowledged your request, search
taskings were sent to relevant line areas
• on 9 October 2020, the Department obtained the volume of search results
from the line areas
• on 14 October 2020, search results were provided to the FOI and Privacy
section with the Department concluding after assessment the processing of
your request would be a significant and unreasonable diversion of resources
• on 15 October 2020, the Department issued its request consultation notice
under s 24AB of the FOI Act,
• on 18 October 2020, you revised the scope of your request
• on 19 October 2020, the Department determined the volume of documents
within the revised scope
• between 20 to 22 October 2020, the Department finalised conversion of files
to accessible format and commenced examination of documents
• on 28 October 2020, the Department issued its preliminary assessment of
charges
• on 23 November 2020, the Department advised that you contended the
charges
• on 2 December 2020, the Department requested supporting documentation
from you to assist with its consideration as to whether it would reduce or
waive the charge
• on 14 December 2020, you supplied the supporting documentation and the
Department’s decision maker reduced the charge
• on 21 December 2020, you paid the charges
• during January 2021, the Department advised that the documents were
assessed
• the Department considers your request to be voluminous as it consists of
several hundred pages of cables from the Department’s overseas network
which require extensive application of exemptions which will take a
significant amount of time to process each individual page
• the Department also considers your request to be complex as the cables
within scope relate to a range of sensitive matters requiring extensive
internal consultation and consideration by relevant line areas
• additional time is required to allow the Department to conduct an extensive
consideration of any document identified within the scope of the request
and finalise the decision and any relevant documents, and
• when consulted by the OAIC, you agreed to the extension.
Contact
If you have any questions, please contact me on (02) 9284 9847 or via email
xxxxxx.xxxxxx@xxxx.xxx.xx. Please quote OAIC reference number at the top of this email in
all correspondence.
2
Yours sincerely
Jasmin Clarke Assistant Review and Investigation Advisor
Freedom of Information
8 February 2021
3
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 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
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/ .
4
