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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 <>
To: Jasmin Clarke <>

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

·        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

·       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


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.


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

Investigations and Compliance

Freedom of information
Regulatory Group

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |

+61 2 9284 9847  | 
[6][email address]
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