Our reference: RQ21/03463
Agency reference: FOI 45443
Mr Alan Ashmore
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Ashmore
On 29 October 2021, the Department of Veterans' Affairs (the Department) applied for further
time to make a decision on your FOI request of 2 September 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 voluminous.
The Department previously obtained your agreement under s 15AA of the FOI Act for a 30-
day extension of time to 3 November 2021 (OAIC reference: RQ21/03020).
Contact with you
On 29 October 2021, I wrote to you to seek your view on the Department’s application.
On 1 November 2021, you responded to my inquiries and provided comments 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 15AB of the FOI Act.
I have decided to grant the Department an extension of time under s 15AB(2) of the FOI Act to
15 November 2021. I am satisfied that the Department’s application for an extension of time
is justified, because the request is voluminous. My reasons fol ow:
•  The Department advised:
o  the Department is undertaking a consultation with the Department of the
Prime Minister and Cabinet, and is awaiting a response to that consultation,
and
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T +61 2 9284 9749
GPO Box 5218
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
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o the Department requires further time to consider a response from the
Department of the Prime Minister and Cabinet once it has been received.

I note your objections to this extension of time application, including your reasoning for
seeking the particular information related to this request. However, based on the
information currently before the OAIC, I am satisfied that this extension is appropriate at this
time, particularly in consideration of the volume of documents the Department is reviewing
in order to finalise this matter.

If you do not receive a decision by 15 November 2021, or you disagree with the Department’s
decision, you may wish to seek Information Commissioner review here. Further information
on applying for IC review is available on the OAIC website.
Contact
If you have any questions about this letter, please contact via email
shel xx.xxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference:
RQ21/03463.
Yours sincerely

Shelley Napper
Assistant Director
FOI Regulatory Group
12 November 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:
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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 al 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

Extension of time under s 15AB