Our reference: RQ21/03231
Agency reference: FOI 20/21-0854
Shirley

Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AC
Dear Shirley
On 12 October 2021, the National Disability Insurance Agency (the NDIA) advised this office
that it had not made a decision on your FOI request of 9 June 2021 within the statutory
period provided by the Freedom of Information Act 1982 (Cth) (the FOI Act). Consequently,
the FOI Act deems that the NDIA has refused your request.
However, s 15AC of the FOI Act al ows the Information Commissioner to extend the
processing time for an FOI request where the initial decision period has ended and the
agency or Minister has not provided the applicant with notice of a decision. The NDIA has
applied for further time to finalise your request.
The NDIA previously obtained agreement under s 15AA of the FOI Act for an extension of time
from you to 9 August 2021(OAIC reference: RQ21/01839).
The Office of the Australian Information Commissioner has previously granted the NDIA an
extensions of time under s 15AB(2) of the FOI Act (OAIC reference: RQ21/02145). This
extended the decision period to 8 September 2021.
The NDIA advised that the statutory timeframe had been suspended under s 24AB of the FOI
Act.
Decision
As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for extensions of time under s 15AC(5) of the FOI Act.
I have decided to grant the NDIA further time to 13 October 2021 to process your request.
My reasons fol ow:
•  the NDIA has undertaken searches and consultations with many line areas to process
the request
•  COVID stay at home orders have also impacted the processing of this request, and
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 NDIA advised at the time of this application, that its decision would be provided
to you by 13 October 2021.
This extension of time under s 15AC of the FOI Act means that the deemed refusal is taken
never to have applied because the NDIA has now finalised your request and notified you of
its decision.
If you did not receive a decision by 13 October 2021, or you disagree with the NDIA’s
decision, you may wish to seek Information Commissioner review here. Further information
on applying for IC review is available on the OAIC website.
I note that the Freedom of Information (Charges) Regulations 2019 provides if an applicant is
not notified of a decision on a request within the statutory time limit (including any
extension of time), the agency or minister cannot impose a charge for providing access, even
if the applicant was earlier notified that a charge was payable (regs 7(2), (3)). This extension
under s 15AC of the FOI Act does not mean that charges can be reimposed and any deposit
you have paid should be refunded.
Contact
If you have any questions about this letter, please contact me on (02) 9284 9721 or via email
xxxxxxx.xxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference number at
the top of this letter.
Yours sincerely

Shelley Napper
Assistant Director
FOI Regulatory Group
20 October 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 legal y 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 at 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 fol owing a decision made under the FOI Act. Complaints
usual y 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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Document Outline

Extension of time under s 15AC