Our reference: RQ22/00466
Agency reference: FOI/2022/022
Mr Neil Wilson
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to: xxx@xxx.xxx.xx
Extension of time under s 15AB
Dear Mr Wilson
On 4 February 2022, the Department of the Prime Minister and Cabinet (Department) applied
for further time to make a decision on your FOI request of 8 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 and voluminous
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.
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 Department an extension of time under s 15AB(2) of the FOI Act to
21 February 2022. I am satisfied that the Department’s application for an extension of time
is justified, because the request is complex and voluminous. My reasons and considerations
fol ow:
• The Department has advised that:
o The Department is in the process of undertaking comprehensive searches for
documents that may be in scope of the request.
o The Department anticipates that a decision is able to be drafted by 14
February 2022 and the noting process would be completed by 21 February
2022.
o Due to the specific subject matter and historical knowledge required, this FOI
request is handled by a smal operational team and Department officers will
need to check paper files and systems to search for documents dating back
to 2011 and 2012.
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
o The relevant line area and FOI/ Privacy section are managing a larger than
usual workload undertaking comprehensive searches.
Contact
If you have any questions, please contact me on +61 2 9284 9815 or via email to
xxxxxx.xxxxxx@xxxx.xxx.xx. In al correspondence, please quote OAIC reference number
at the top of this letter.
Yours sincerely
Summen Sarwar
Assistant Review and Investigation Advisor
FOI Regulatory Group
10 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 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 wil 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
