Our reference: RQ21/02368
Agency reference: 202021-055
Ms Vanessa Teague
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 54D
Dear Ms Teague
As you are aware, on 23 August 2021, the Australian Broadcasting Corporation (the ABC)
advised this office that it had not made a decision on your internal review request of
16 July 2021 within the statutory period provided by the
Freedom of Information Act 1982 (Cth) (the FOI Act). Consequently, the FOI Act deems that the Department has refused your
internal review request and affirmed its original decision.
However section 54D of the FOI Act allows the Information Commissioner to extend the
processing time for an internal review where the initial decision period has ended and the
agency or Minister has not provided the applicant with notice of a decision. The Department
has applied for further time to make a decision on your internal review request.
Contact with you
On 24 August 2021, I wrote to you to seek your view on the ABC’s application. You responded
to my inquiries and provided comment that I have taken into consideration.
Decision
As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for extensions of time under s 54D of the FOI Act.
I have decided to grant the ABC further time to
9 September 2021 to process your request
for an internal review. My reasons and considerations follow:
• The ABC has advised the OAIC that:
− a number of documents have been identified within the scope of the request and there
has been delay in receiving information from relevant business areas
− the FOI team now holds the relevant information and requires further time to process
it, and
1300 363 992
T +61 2 9284 9749
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 FOI team advised you of the delay by email dated 23 August 2021.
• when consulted by the OAIC, you agreed to the extension of time.
This extension of time under s 54D of the FOI Act means that the deemed affirmation of the
original decision is taken never to have applied if the ABC makes a decision on your request
by 9 September 2021.
Such an extension can only be granted once and cannot be extended by a variation.
If you do not receive a decision by 9 September 2021, you may wish to seek Information
Commissioner review of the ABC’s deemed refusal of your reques
t here. Further information
on applying for IC review is available on the OA
IC website.
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
FOI Regulatory Group
25 August 2021
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