Our reference: RQ21/03855
Agency reference: FOI 3175
Mr Matthew Peos
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Peos
On 6 December 2021, the Department of Health (Department) applied for further time to
make a decision on your FOI request of 5 October 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 Department
previously obtained your agreement under s 15AA of the FOI Act for a 30-
day extension of time to 4 December 2021 (OAIC reference: RQ21/03446).
On 6 December 2021, the Department has advised that it attempted to obtain an agreement
under s 15AA of the FOI Act for a 2-day extension of time from you. The Department has
further advised that it did not receive a response from you. However, I note that under s 15AA
of the FOI Act, no more than 30 days extension can be agreed to by an applicant.
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
8 December 2021. I am satisfied that the Department’s application for an extension of time
is justified, because the request is complex. My reasons and considerations fol ow:
• the Department advised that
o the Department is seeking a 2-day extension of time to allow the Department
to finalise the decision
o the Department has decided to proceed to a formal decision and is seeking a
short extension to provide you with the requested information
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
o the Department considers this request to be complex as input was required
from various areas of the Department and the relevant line area is currently
managing urgent priorities
o the delegate for this request is currently on leave and unable to do a final
review of the decision, and
o the FOI team is managing a high volume of requests, the backlog of requests
has caused delays and impacted on the processing of this request.
Contact
If you have any questions about this letter, please contact me on +61 2 9284 9815 or via email
to xxxxxx.xxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference:
RQ21/03780.
Yours sincerely
Summen Sarwar
Administrative Assistant (Legal)
FOI Regulatory Group
8 December 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 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
