Our reference: RQ21/00461
Agency reference: LEX3065
Mr Peter Timmins

Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Timmins
On 23 February 2021, the Department of Foreign Affairs and Trade (the Department) applied
for further time to make a decision on your FOI request of 7 December 2021 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 FOI request, because it is complex.
The statutory timeframe had been suspended under s 31 of the FOI Act.
The Department also obtained your agreement under s 15AA of the FOI Act for a 21-day
extension of time to 27 January 2021.
Contact with you
On 24 February 2021, I wrote to you to seek your view on the Department’s application. You
responded to my inquiries and provided comments which I have taken into consideration.
You set out your reasons you believe an extension of time should not be granted. In
summary, you objected to the extension of time as:
There is no case on the information you have sent me for the OAIC to grant an extension of
time.
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 Department’s application and have decided to decline an extension.
Based on the information currently before the OAIC, I am not satisfied that the Department
had established that the FOI request is sufficiently complex for the purposes of s 15AB of the
FOI Act. As such, an extension of time has not been granted.
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

If the Department did not provide a decision by 23 February 2021, you may wish to seek
Information Commissioner review of the Department’s deemed refusal of your request here.
Further information on applying for IC review is available on the OAIC website.
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 number at
the top of this letter.
Yours sincerely

Shelley Napper
Assistant Director
Freedom of Information
4 March 2021

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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