Our reference: RQ21/03256
Agency reference: FOI 21/22-0296
Ms Shirley Humphris
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Humphris
On 14 October 2021, the National Disability Insurance Agency (NDIA) applied for further time
to make a decision on your FOI request of 19 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 complex.
The NDIA attempted to obtain an agreement under s 15AA of the FOI Act for an extension of
time from you. The NDIA did not receive a response from you.
Contact with you
On 21 October 2021, the OAIC wrote to you to seek your view on the NDIA’s application. You
responded to those 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 NDIA an extension of time under s 15AB(2) of the FOI Act
to
5 November 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:
• On 19 September 2021, the NDIA received your FOI request.
• The NDIA considers this request is complex as it relates to internal documents held
by NDIA Staff and line areas.
• This request for information was received by the NDIA along with a large number of
other significant requests within a short timeframe
1300 363 992
T +61 2 9284 9749
GPO Box 5218
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
• A number of consultations about documents and sensitivities are still ongoing in
order to formulate a robust decision on access.
• The processing of this request has been impacted by the stay at home orders and the
NDIA require additional time to finalise the decision.
• When consulted by the OAIC, you agreed to the extension of time.
Contact
If you have any questions about this letter, please contact me on (02) 9284 9847 or via email
to xxxxxx.xxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference:
RQ21/03256.
Yours sincerely
Jasmin Clarke
Assistant Review and Investigation Advisor
FOI Regulatory Group
28 October 2021
2
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/ .
3
