Our reference: RQ22/02377
Agency reference: LEX 47367
Ms Verity Pane
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AC
Dear Ms Pane
On 30 June 2022, the Department of Veterans' Affairs (the Department) advised the Office of
the Australian Information Commissioner (OAIC) that it had not made a decision on your FOI
request of 3 January 2022 within the statutory period provided by the Freedom of
Information Act 1982 (Cth) (the FOI Act). Consequently, the FOI Act deems that the DVA 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.
The Department advised that the Department already extended the decision period, by a
further period of 30 days, to al ow for consultation in accordance with s 15(6) of the FOI Act.
The Department advised that it 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.
The OAIC has previously:
1.  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.
2.  Declined a further extension of time application that was lodged by the
Department under s 15AB of the FOI Act (OAIC reference: RQ22/00848).
Contact with you
On 18 July 2022, I wrote to you to seek your view on the Department’s application. I invited
you to provide any comments by 21 July 2022. You have not responded to my inquiries.
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

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 considered the Department’s application and have decided to decline an extension.
The effect of this decision is that Department is deemed to have refused your FOI request. If
you have not received a decision 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.
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
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)).
Contact
If you have any questions about this letter, please contact Irene Nicolaou on (02) 9942 4160
or via email to xxxxx.xxxxxxxx@xxxx.xxx.xx. In al  correspondence please include OAIC
reference: RQ22/02377.
Yours sincerely

Eoin McMahon
Review Adviser
FOI Regulatory Group
27 July 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 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 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 all 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

Extension of time under s 15AC