Our reference: RQ22/00371
Agency reference: 22-45
Mr Trent Morrison-Francis
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to
: xxx@xxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Morrison-Francis
On 27 January 2022, the Australian Prudential Regulation Authority (APRA) applied for
further time to make a decision on your FOI request of 7 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.
APRA attempted to obtain an agreement under s 15AA of the FOI Act for an extension of time
from you. APRA did not receive a response from you.
Contact with you
On 27 January 2022, the OAIC wrote to you to seek your view on the APRA’s application. The
OAIC invited you to provide any comments by 31 January 2022. You have not responded to
those inquiries.
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 APRA an extension of time under s 15AB(2) of the FOI Act
to 8 March
2022. I am satisfied that APRA’s application for an extension of time is justified, because the
request is complex. My reasons and considerations follow:
• On 7 January 2022, APRA received your FOI request.
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 scope of the request relates to documents from 2017 for all schemes that
Commonwealth Superannuation Corporation manage, which is considered broad in
nature.
• APRA has advised that it will take time to compile these documents, with relevant
staff identified to determine if it holds any documents relevant to the request.
• APRA requires additional time to conduct a thorough search and finalise the
decision.
Based on the information currently before the OAIC, I am satisfied that an extension until
8
March 2022 is appropriate at this time, particularly in consideration of the scope of the
request which is considered broad and relates to documents from 2017, requiring further
searches.
If APRA does not make a decision by
8 March 2022 you may wish to seek Information
Commissioner review of APRA’s deemed refusal of your request.
Contact
If you have any questions, please contact me on (02) 9284 9847 or via email
xxxxxx.xxxxxx@xxxx.xxx.xx. Please quote OAIC reference number at the top of this page in all
correspondence.
Yours sincerely
Jasmin Clarke Assistant Review and Investigation Advisor
FOI Regulatory Group
3 February 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 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 a
t 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.
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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