Our reference: RQ21/01735
Agency reference: 2021/5398
Ms Melissa Jones
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Jones
On 8 July 2021, Comcare applied for further time to make a decision on your FOI request of
11 June 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 and voluminous.
Comcare advises that on 15 June, 25 June and 29 June 2021, it emailed you requesting
clarification of the scope of the request. It did not receive a response from you.
Comcare further advises that on 5 July 2021, Comcare discovered an email from Trent
Morrison- Francis to Comcare dated 30 June 2021, in response to its emails about the scope
of the request, on the RightToKnow website page relating to this FOI request. That email had
not been forwarded on to Comcare by RightToKnow.
On 6 July 2021, Comcare emailed you seeking your agreement under s 15AA of the FOI Act to
an extension of time to 27 July 2021. Comcare did not receive a response from you.
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 Comcare an extension of time under s 15AB(2) of the FOI Act
to 27
July 2021. I am satisfied that Comcare’s application for an extension of time is justified,
because the request is complex and voluminous. My reasons and considerations follow:
• Comcare advises that:
− Comcare was unable to commence processing the request as the scope of the request
could not be clarified with you
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 processing of the request has also been delayed due to the delay in the
correspondence from the applicant being forwarded onto Comcare by the
RightToKnow website, and
− the extension time will be used to conduct searches for relevant documents and
decision making.
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
12 July 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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