Date: Fri, 21 May 2021 18:45:47 +1000
Subject: Re: RQ21/01280 - Extension of time application by the NDIA- Consultation [SEC=OFFICIAL]
From: Ben Fairless <[FOI #7251 email]>
To: Jasmin Clarke <[email address]>

Dear Jasmin,

I consent to the extension of time. 

Yours sincerely,

Ben Fairless

-----Original Message-----

Our reference: RQ21/01280

 Agency reference: FOI 20/21-0657

 Mr Ben Fairless

  

 Sent by email: [1][FOI #7251 email]  

 Extension of time application by the NDIA

 Dear Mr Fairless

  

 I write to advise that on 18 May 2021, the Office of the Australian
 Information Commissioner (the OAIC) received an application from the
 National Disability Insurance Agency (the NDIA) for an extension of time,
 to process your FOI request.

  

 The NDIA has applied for an extension of time under s 15AC of the Freedom
 of Information Act 1982 (Cth) because it has been unable to finalise your
 request within the initial decision period.

  

 The NDIA has advised the OAIC that:

  

 ·       On 15 April 2021, the NDIA received your FOI request.

 ·       The NDIA has advised that recently a large number of FOI requests
 were received within a short period of time.

 ·       On 13 May 2021, the NDIA to obtain your agreement for an extension
 of time under s 15AA of the FOI Act, however a response was not received.

 ·        The NDIA further advised that it consulted with you under s 24AB
 of the FOI Act, however you declined to revise the scope of your request.

 ·       The NDIA conducted initial consultations with relevant business
 areas. When conducting an email server search, the NDIA’s data team
 experienced functionality problems with the tool required to complete

 searches. The NDIA’s line areas also showed difficulty in determining the
 scope of your request in completing searches.

 ·       The NDIA has also advised that the line area manager expected to
 identify documents falling within the scope of your request will also be
 on leave shortly which will cause a further delay in processing your
 request.

 ·        The NDIA has advised that it is in the process of conducting
 consultations with several business areas to determine whether third party
 consultations will be required.

 ·       The NDIA further advises that it is still in the process of
 liaising with business areas and managers to ensure careful consideration
 of documents captured and identifying potential sensitivities, with
 documents only received recently from those business areas.

 ·       The NDIA considers your request to be sensitive and complex in
 nature as you are requesting documents from multiple business areas in

 relation to business information and information regarding the NDIA’s
 functions.

 ·       The NDIA has advised that due to staff engagement involving
 additional senate estimates and multiple Committee hearings, this impacted
 the NDIA’s ability to conduct FOI consultations and searches.


 ·       A further complexity involved the major structural changes with
 key staff to address and resolve the staffing shortage due to the
 significantly increased workload. 

 ·       In order to make an informed and proper decision, the NDIA
 requires additional time to determine if third party consultations are

 required, conduct further consultations with line areas and finalise the
 decision.

  

 The NDIA has requested an extension to 16 June 2021. I will take any
 comments you may have to make into account when deciding the application.

  

 Please respond to this email by close of business 21 May 2021. If I do not
 hear from you by this date, the decision maker will make a decision on the
 basis of the information provided to me by the NDIA.

  

 You will be notified of the decision once the matter has been finalised.

  

 Further information about extension of time requests may be found on our
 website at [2]Extensions of time.

 Contact

 If you have any questions regarding this email please contact me on (02)
 9284 9847 or via email [3][email address]. Please quote OAIC
 reference number at the top of this email in all correspondence.

  

 Kind regards,

  

 [4][IMG]   Jasmin Clarke  |  Assistant
 Review and Investigation
 Advisor

 Investigations and Compliance

 Freedom of information
 Regulatory Group

 Office of the Australian
 Information Commissioner

 GPO Box 5218 Sydney NSW 2001  |
  [5]oaic.gov.au

 +61 2 9284 9847  | 
 [6][email address]
 [10]Subscribe [11]Subscribe to
 [7]Facebook | [8]LinkedIn | [9]Twitter |   icon Information
 Matters

  

  
 
References

 Visible links
 1. mailto:[FOI #7251 email]
 2. https://www.oaic.gov.au/freedom-of-information/how-to-make-an-foi-request/extensions-of-time/
 3. mailto:[email address]
 4. https://www.oaic.gov.au/
 5. http://www.oaic.gov.au/
 6. mailto:[email address]
 7. http://www.facebook.com/OAICgov
 8. https://www.linkedin.com/company/office-of-the-australian-information-commissioner
 9. https://twitter.com/OAICgov
 11. https://www.oaic.gov.au/media-and-speeches/enews

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7251 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------