Our reference: RQ21/01240
Agency reference: FOI 20/21-0676
Ms Shirley Humphris
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Humphris
On 13 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 request, because it is complex and voluminous.
Contact with you
On 17 May 2021, my colleague Ms Napper wrote to you to seek your view on the NDIA’s
application. Ms Napper invited you to provide any comments by 19 May 2021. You have not
responded to those inquiries.
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 under s 15AB(2) of the FOI Act
to 16
June 2021. I am satisfied that the NDIA’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 16 April 2021, the NDIA received your FOI request
• the NDIA 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
• the number of documents identified within the scope of this request is yet to be
determined, due to the large number of searches being undertaken
• at present, the NDIA FOI team is still liaising with business areas and managers to
ensure that searches have accurately captured all documents falling within the
scope of this request, and to ensure they carefully consider the potential sensitivities
within the documents.
• during the processing of this request, the NDIA 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 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, and
• the NDIA has 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.
Contact
If you have any questions, please contact me on (02) 9284 9847 or via email
xxxxxx.xxxxxx@xxxx.xxx.xx. Please quote OAIC reference number at the top of this page in all
correspondence.
Yours sincerely
Jasmin Clarke Assistant Review and Investigation Advisor
Freedom of Information
21 May 2021
2
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/ .
3
