Our reference: RQ22/00848
Agency reference: LEX 47367
Ms Verity Pane
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Pane
On 10 March 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 advised that the statutory timeframe had already been extended to allow
for consultation in accordance with s 15(6) of the FOI Act.
The Department attempted to obtain an agreement under s 15AA of the FOI Act for an
extension of time from you. The Department did not receive a response from you.
The Office of the Australian Information Commissioner has previously granted the
Department an extension of time under s 15AB(2) of the FOI Act (OAIC reference:
RQ22/00357). This extended the decision period to 16 February 2022.
Contact with you
On 14 March 2022, the OAIC wrote to you to seek your view on the Department’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 considered the Department’s application and your comments in response to the
OAIC’s letter of 14 March 2022, and have decided to decline an extension.
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

Based on the information before the OAIC, I am not satisfied that the application to extend
the processing period is appropriate.
You may wish to seek Information Commissioner review of the Department’s deemed refusal
of request here. Further information on applying for IC review is available on the OAIC
website.
Contact
If you have any questions, please contact me on (02) 9284 9716 or via email to
xxxx.xxxxxxx@xxxx.xxx.xx. In all correspondence, please quote OAIC reference number:
RQ22/00848.
Yours sincerely

Eoin McMahon
Review Advisor
FOI Regulatory Group
1 April 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 legally correct. You can make this
application under the Administrative Decisions (Judicial Review) Act 1977.

The Court wil 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 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.
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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 15AB