Our reference: RQ21/01414
Agency reference: FOI 2021/053
M Parkins
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear M Parkins
On 2 June 2021, the Department of the Prime Minister and Cabinet (the Department) applied
for further time to make a decision on your FOI request of 3 April 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 request, because it is complex and voluminous.
The Office of the Australian Information Commissioner has previously granted the
Department an extension of time under s 15AB(2) of the FOI Act (OAIC reference:
RQ21/01068). This extended the decision period to 2 June 2021.
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 4 June 2021. I am satisfied that the Department’s application for an extension of time is
justified, because the request is complex and voluminous.
In coming to this decision, I have considered the following factors:
• On 3 April 2021, the Department received your FOI request.
• The Department was due to provide you with a decision on your FOI request on 2
June 2021.
• The Department considers the request to be complex as the Department is waiting
for the noting of the request by the Office of the Prime Minister. A delay occurred as
the relevant staff members were managing competing priorities in relation to the
Parliamentary sitting on 2 and 3 June 2021. The Department has advised that once
this has concluded, the staff member will have capacity to note the 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
• The Department has also advised that it considers your request to be voluminous as
80 documents were initially identified, however during assessment of documents, a
number of iterations were discovered and required further analysis to determine if
they fell within the public domain.
• The Department further advised that a number of internal stakeholders required
consultations on the documents.
• In order to make a proper and fully informed decision, the Department has advised
that additional time was required to enable the Department to receive the noting of
the request by the Office of the Prime Minister and finalise the decision.
If you do not receive a decision by 4 June 2021 or you disagree with the Department’s
decision, you may wish to seek Information Commissioner revie
w here. Further information
on applying for IC review is available on the OA
IC website.
Contact
If you have any questions, please contact me me on (02) 9284 9721 or via email
xxxxxxx.xxxxxx@xxxx.xxx.xx. Please quote OAIC reference number at the top of this email in
all correspondence.
Yours sincerely
Shelley Napper Assistant Director
Freedom of Information
4 June 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 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/ .
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