Our reference: RQ22/00765
Agency reference: 47465
Ms Verity Pane By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to
: xxxxxxxxxxx.xxxxxx@xxx.xxx.xx
Extension of time under s 15AB
Dear Ms Pane
On 14 February 2022, the Department of Veterans' Affairs (DVA) applied for further time to
make a decision on your FOI request of 14 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.
Contact with you
On 4 March 2022, the OAIC wrote to you to seek your view on the Department’s application.
The OAIC invited you to provide any comments by 8 March 2022. It appears that a response
has not been received.
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 16 March 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
follow:
• On 14 January 2022, the Department 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
• On 20 January 2022, the Department commenced searches, followed by discussions
with relevant line areas.
• On 8 February 2022, the Department conducted further searches.
• On 14 February 2022, the Department was due to provide you a decision on your FOI
request.
• The Department considers your request to be complex and voluminous as the
request is for the first page of 238 documents which are held within FORTRESS An
added complexity involves access issues with FORTRESS.
• The Department has advised that consultation with the Department of the Prime
Minister & Cabinet (PMC) is also required to determine whether documents are
considered to be cabinet material.
• Additional time is required to consult with PMC and collate documents.
Based on the information currently before the OAIC, I am satisfied that an extension until
16
March 2022 is appropriate at this time, particularly in consideration of the complexity and
volume of the request and the access issues impacting the Department’s ability to collate
documents. I have also considered the fact that when the OAIC consulted you regarding the
extension of time application, no response was received.
If the Department does not make a decision by
16 March 2022 you may wish to seek
Information Commissioner review of the Department’s deemed refusal of reques
t here. Further information
on applying for IC review is available on the OA
IC website.
Contact
If you have any questions, please contact xxxxx@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
9 March 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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