Our reference: RQ21/02742
Agency reference: FOI 21/22-0187
Mr Bob Buckley
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Buckley
On 13 September 2021, the National Disability Insurance Agency (the NDIA) applied for
further time to make a decision on your FOI request of 18 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 and voluminous.
The NDIA has advised the OAIC that on 10 September 2021, the NDIA sought your agreement
to an extension of time under s 15AA of the FOI Act. The NDIA advises that you responded,
‘it makes no difference whether I agree or not’. The NDIA has taken your response to indicate
that you did not agree to the request.
Contact with you
On 15 September 2021, I wrote to you to seek your view on the NDIA’s application. You
responded to my inquiries and provided comments which I have taken into consideration,
including that:
… the NDIA keeps much of its business secret from the people who depend on it. It is important
that people with disability know what the Agency tells its Minister since we feel some of the advice
they provide misinterprets data and misrepresents our community and its representatives. We
need to be aware of advice given to the Minister and the Government; we'd like to provide our side
of the discussion.
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 note your response, however, based on the information currently before the OAIC, I have
decided to grant the NDIA an extension of time under s 15AB(2) of the FOI Act
to
18 October 2021. I am satisfied that the NDIA’s application for an extension of time is
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
justified, because the request is complex and voluminous. My reasons and considerations
follow:
• The NDIA has advised the OAIC that:
− the FOI request is complex in nature and voluminous and seeks access to a large
number of documents
− the NDIA is conducting searches and consultations with staff to identify all relevant
documents within scope, and determine whether it needs to further engage with you
− the information requested is highly likely to contain a number of sensitivities and
therefore requires additional time and consultation during the decision making
process.
− COVID-19 lockdowns have impacted on the NDIA’s agency operations, and
− the NDIA will continue to liaise with you and provide you with a decision as soon as
possible.
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
20 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 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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