Our reference: RQ22/00877
Agency reference: LEX 47490
Ms Julie A
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification t
o: xxxxxxxxxxx.xxxxxx@xxx.xxx.xx
Extension of time under s 15AB
Dear Ms Julie A
On 11 March 2022, the Department of Veterans' Affairs (Department) applied for further time
to make a decision on your FOI request of 11 February 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 attempted to obtain an agreement under s 15AA of the FOI Act for an
extension of time from you. The Department advised that you refused the request for a 30
day extension.
Contact with you
On 16 March 2022, Ms Irene Nicolaou of the OAIC wrote to you to seek your view on the
Department’s application. You responded to Ms Nicolaou’s inquiries and provided
comments which I have taken into consideration, including that:
• You oppose the extension of time sought from the Department.
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 13April 2022. I am satisfied that the DVA’s application for an extension of time is justified,
because the request is complex. My reasons and considerations follow:
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 Department considers the matter to be complex as due to the sensitive nature of
the documents within scope of the request, relating to self harm and suicide. The
Department anticipates that it will be necessary to consult with all relevant business
areas to ensure that all applicable exemption provisions are considered, and notes
that undertaking these consultations may take some time to complete.
• The Department advises that an additional 30 days of processing will allow the
Department to properly process this FOI request, to ensure that all reasonable
searches have been undertaken and all documents that are within scope are
considered for release.
I note your objections to this extension of time application. However, based on the
information currently before the OAIC, I am satisfied that this extension of time is
appropriate particularly in consideration of the sensitivities involved in relation to the
material sought, and the Department’s submissions that the additional time will be used to
ensure all reasonable steps will be taken to locate documents within the scope of the
request.
If the Department does not make a decision by 13 April 2022 you may wish to seek
Information Commissioner review of the Department’s deemed refusal of reques
t here.
Further information o
n applying for IC review is available on the OAI
C website.
Contact
If you have any questions about this letter, please contact me on (02) 9284 9716 or via email
to
xxxx.xxxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference:
RQ22/00877.
Yours sincerely
Eoin McMahon
Review Adviser
FOI Regulatory Group
22 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 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 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
th
e 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
