Our reference: RQ21/01351
Your reference: FOI 20/21-0667
Ms Karen Reynolds
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Reynolds
As you know, on 25 May 2021 the National Disability Insurance Agency (the NDIA) applied for
further time to make a decision on your FOI request of 16 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 FOI request, because it is complex.
The statutory timeframe had been suspended under s 24AB of the FOI Act.
Contact with you
On 27 May 2021, I wrote to you to seek your view on the NDIA’s application. You responded to
my inquiries and I have taken your response into consideration.
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 NDIA an extension of time of 30 days under s 15AB(2) of the FOI
Act
to 24 June 2021. I am satisfied that the NDIA’s application for an extension of time is
justified, because the request is complex. My reasons follow:
• the NDIA has advised that it has worked with you to revise the scope of your request
• the NDIA further advised conducted initial consultations with relevant business areas
to establish the work involved in processing the scope of request which seeks access
to documents from multiple business areas and is of highly sensitive and complex
nature
• the processing of this request involves consultations with several business areas
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
• during the processing of this request, the NDIA has advised it was recalled for
Additional Senate Estimates and was required at multiple hearings of various Joint
Standing Committees. This necessitated staff engagement on preparations for these
hearings which impacted FOI consultations and searches
• furthermore, the NDIA has advised that relevant NDIA branch has undergone major
structural changes with key staff participating in recruitment processes and training
new staff causing delays. Actioning Officers have significantly increased workloads
and are working considerable hours to ensure matters are processed within a timely
manner
• the NDIA has also advised that they are also committed to issuing a decision as soon
as possible within the extended time period, should it be granted, and to answer any
queries you may have in relation to the processing times involved with this matter,
and
• when consulted by the OAIC, you did not object to this extension of time.
Contact
If you have any questions about this letter, please contact me on (02) 9284 9783 or via email
at xxxxxxxx.xxxxxx@xxxx.xxx.xx. In all correspondence, please include the OAIC reference
number at the top of this letter.
Yours sincerely
Rochelle Dunlop
Review and Investigation Advisor
Freedom of Information
1 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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