Our reference: RQ21/02260
Agency reference: FOI 21/22-0053
Ms Shirley Humphris
Sent by email: firstname.lastname@example.org
Extension of time under s 15AB
Dear Ms Humphris
On 16 August 2021, the National Disability Insurance Agency (the NDIA) applied for further
time to make a decision on your FOI request of 17 July 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.
Contact with you
On 18 August 2021, I wrote to you to seek your view on the NDIA’s application. I invited you
to provide any comments by 20 August 2021. You have not responded to my inquiries.
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
15 September 2021.
I am satisfied that the NDIA’s application for an extension of time is
justified, because the request is complex. My reasons and considerations follow:
• The NDIA has advised that:
− the request is complex and obtaining the data covered by the request is a long and
time consuming process
− during the end stages of processing, the NDIA identified further documents that may
be in scope
− the NDIA requires further time to confirm that all documents in scope have been
appropriately identified and to review the documents before making a decision, and
1300 363 992
T +61 2 9284 9686
GPO Box 5218
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
− the NDIA is committed to issuing a decision as soon as possible.
If you have any questions about this letter, please contact me on (02) 9284 9783 or via email
at email@example.com. In all correspondence, please include the OAIC reference
number at the top of this letter.
Review and Investigation Advisor
Freedom of Information
23 August 2021
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 at http://www.fedcourt.gov.au/.
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
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 i
f 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-