Our reference: RQ21/02872
Agency reference: 1-QS43N7L
Mr Fraser Tweedale
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Tweedale
On 17 September 2021, the Australian Taxation Office (the ATO) applied for further time to
make a decision on your FOI request of 19 August 2021 under the
Freedom of Information Act
1982 (Cth) (the FOI Act).
The ATO has sought an extension of time on the basis that the current processing period is
insufficient to deal adequately with your request, because it is considered complex.
Contact with you
On 23 September 2021, I wrote to you to seek your view of the ATO’s application. You
responded to my inquiries and provided comments that I have taken into consideration,
stating:
“The scope of the request is:
Documents that show the names of software components
("libraries") that are:
a) used in the most recent public release, or expected to be
used in upcoming releases of the myGovID Android application,
and
b) commercially licensed to the ATO
The ATO, in their decision on FOI request reference 1-Q1HU99Q dated
10 August 2021 (attached), noted:
I further understand that the source code contains or will
contain components commercially licensed to the ATO.
It seems reasonable to conclude that members of the ATO who were
involved in this recent request are aware of what those components
are, and of the existence (or not) of documents mentioning or
listing them that fall within the scope of the current request.
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
I trust the ATO has provided their reasons as to why they consider
this to be a complex request requiring more than 30 days to process [...]”
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 ATO further time to
18 October 2021 to process your request. My
reasons and considerations fol ow:
• The ATO has advised the OAIC that:
o the subject matter is complex as it relates to the Federal Government’s digital
identity ecosystem which includes IT security protocols and frameworks,
o significant review and internal consultation from subject matter experts is
required,
o an extension of time will allow the ATO to have a proper consideration of the
documents, and
o the ATO endeavours to provide a decision as soon as possible.
I note your objections to this extension of time, however, based on the information currently
before the OAIC, I am satisfied that this extension is appropriate, particularly in
consideration of the nature of the subject matter of your FOI request and the submissions by
the ATO that the request is complex and wil also require the consideration of internal
experts drawn from other areas of the organisation.
Contact
If you have any questions, please contact me o
n xxxxx@xxxx.xxx.xx. In all correspondence,
please include reference number at the top of this letter.
Yours sincerely
Fernando Espinosa
FOI Regulatory Group
29 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 wil 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
