Our reference: RQ22/00357
Agency reference: LEX 47367
Ms Verity Pane
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to
: xxxxxxxxxxx.xxx@xxx.xxx.xx
Extension of time under s 15AB
Dear Ms Pane
On 25 January 2022, the Department of Veterans' Affairs (Department) applied for further
time to make a decision on your FOI request of 3 January 2022 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 attempted to obtain an agreement under s 15AA of the FOI Act for an
extension of time from you. The Department advised that it did not receive a response from
you.
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.
Whilst the Department has requested an extension of time until 4 March 2022 to provide a
decision, I have decided to grant the Department an extension of time under s 15AB(2) of the
FOI Act
to 16 February 2022. I am satisfied that an extension of time is justified, because the
request is complex. My reasons and considerations follow:
• the Department has advised that it has undertaken a series of searches to locate the
reports you have requested
• the Department’s FOI team has consulted with three business areas: Contract
Advisory Services, Secretary and Records Management, and
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
• the Department has further advised that searches to date have only located
references to documents. As such, it appears that due to the age of the requested
material (2008/2009), further time will be search and assess historical records and
electronic storage locations to properly satisfy the decision maker that sufficient
searches have been undertaken.
I consider an extension of time of 14 days under s 15AB of the FOI Act to be appropriate in
this circumstance, particularly in consideration of the age of the documents requested and
to al ow the Department further opportunity to take all reasonable steps to find documents
within the scope of the request given the results of searches conducted to date.
Contact
If you have any questions about this letter, please contact me on (02) 9284 9721 or via email
to shel xx.xxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference:
RQ22/00357.
Yours sincerely
Shelley Napper
Assistant Director Investigations and Compliance
FOI Regulatory Group
2 February 2022
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/.
2
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/ .
3
Document Outline
