Our reference: RQ20/04303
Agency reference: 1-O08K16V
Mr Willy Wonka
Sent by emai
l: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Wonka
On 18 December 2020, the Australian Taxation Office (the ATO) applied for further time to
make a decision on your FOI request of 11 December 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 ATO attempted to obtain an agreement under s 15AA of the FOI Act for an extension of
time from you. The ATO advised that you refused the request for a 30 day extension.
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 ATO an extension of time of under s 15AB(2) of the FOI Act
to
9 February 2020. I am satisfied that the ATO’s application for an extension of time is
justified, because the request is complex. My reasons follow:
• The ATO have advised the request is complex, due to the nature of the documents
requested.
• The ATO have advised additional time is needed to determine the extent of the
complexity and to locate and collate such documents should they exist, as well as to
process such documents.
• Each of the documents will require extensive consultation with the relevant business
areas of the ATO, and key personnel, who the ATO anticipates will be senior ATO
officers. Such officers are not only managing their usual substantial workloads but
also directly involved in developing and deploying the ATO’s COVID19 response.
Additional time will be needed to consult with these individuals.
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 internal consultation required to process this request is further impacted by the
ATO’s Christmas shutdown and availability of the relevant staff.
• An extension will allow the ATO to provide a well-reasoned decision.
Contact
If you have any questions about this email, please contact me on 02 9284 9625 or via email
xxxxxxxxx.xxxxxxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference
number at the top of this letter.
Yours sincerely
Avanithah Selvarajah
Review and Investigations Adviser
Freedom of Information
23 December 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 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/ .
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Document Outline
