Our reference: RQ21/03579
Agency reference: FOI/2021/259
Ms Matilda Bawden
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AC
Dear Ms Bawden
On 9 November 2021, the Department of the Prime Minister and Cabinet (Department)
advised this office that it had not made a decision on your FOI request of 9 October 2021
within the statutory period provided by the Freedom of Information Act 1982 (Cth) (the FOI
Act). Consequently, the FOI Act deems that the Department has refused your request.
However, s 15AC of the FOI Act al ows the Information Commissioner to extend the
processing time for an FOI request where the initial decision period has ended and the
agency or Minister has not provided the applicant with notice of a decision. The Department
has applied for further time to finalise your request.
Decision
As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for extensions of time under s 15AC(5) of the FOI Act.
I have decided to grant the Department further time of one day to 9 November 2021 to
process your request. My reasons and considerations fol ow:
•  The Department advised that:
o  a decision was drafted by 2 November 2021 and was sent to the Prime
Minister’s Office (PMO) for noting on 2 November 2021
o  the PMO did advised the Department that it had noted the decision on 8
November 2021, and
o  at the time of this application, the Department was in the process of
finalising the decision and providing it to you by COB 9 November 2021.
This extension of time under s 15AC of the FOI Act means that the deemed refusal is taken
never to have applied because the Department has now finalised your request and notified
you of its decision.
I note that the Freedom of Information (Charges) Regulations 2019 provides if an applicant is
not notified of a decision on a request within the statutory time limit (including any
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

extension of time), the agency or minister cannot impose a charge for providing access, even
if the applicant was earlier notified that a charge was payable (regs 7(2), (3)). This extension
under s 15AC of the FOI Act does not mean that charges can be reimposed and any deposit
you have paid should be refunded.
If you did not receive a decision by 9 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:
RQ21/03537.
Yours sincerely

Shelley Napper
Assistant Director
FOI Regulatory Group
15 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:
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.
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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 15AC