Our reference: RQ22/00232
Agency reference: FOI 21/22 0720
Mr Mark A
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to: xxx@xxxx.xxx.xx
Extension of time under s 15AB
Dear Applicant
On 17 January 2022, the National Disability Insurance Agency (NDIA) applied for further time
to make a decision on your FOI request of 17 December 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.
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
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January 2022. 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:
• the NDIA has advised that:
o internal consultations have now been completed and a number of
documents identified, work is also being undertaken to review the
documents and consider exemptions
o during the processing of this request, the NDIA had its annual shut down
period which impacted on the NDIA’s ability to progress this matter due to
the agency’s limited resources
o increased workloads in other areas of work have impacted on the FOI
consultation process and timeliness of document searches, and
o additional time is required to provide a decision due to the effects of the
current number of COVID-19 cases the agency is facing.
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
Contact
If you have any questions, please contact me via return email to
xxxxxx.xxxxxx@xxxx.xxx.xx. In all correspondence, please quote OAIC reference number
at the top of this letter.
Yours sincerely
Summen Sarwar
Administrative Assistant (Legal)
FOI Regulatory Group
25 January 2022
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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 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
