Our reference: RQ21/02780
Agency reference: FOI 2707
Ken
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Ken
On 14 September 2021, the Department of Health (the Department) applied for further time
to make a decision on your FOI request of 16 August 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.
Contact with you
On 14 September 2021, I wrote to you to seek your view on the Department’s application,
requesting a response by 16 September 2021. We have not received a response 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 Department further time to
15 October 2021 to process your
request. My reasons and considerations fol ow:
• The Department
has advised the OAIC that:
- the request is complex to process as it involves statistics for a specific earlier time
period,
- processing this request will require specialist staff with technical expertise and
corporate knowledge, who are currently working on the pandemic, to assist with
locating and assessing documents, 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 additional time requested will ensure careful consideration can be given to this
request, commensurate with the substantial public interest in COVID-19 and the
sensitivities involved.
• when consulted by the OAIC, you did not object to this extension of time.
Contact
Should you wish to fol ow up on this matter, please contact the OAIC by email at
xxxxx@xxxx.xxx.xx and quote the reference number at the top of this email.
Yours sincerely
Fernando Espinosa
Assistant Review and Investigation Adviser (Legal)
FOI Regulatory Group
23 September 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
