Our reference: RQ22/01008
Agency reference: LEX5096
Mr Francis Unmeopa
Sent by email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AC
Dear Mr Unmeopa
On 24 March 2022, the Department of Foreign Affairs and Trade (Department) advised this office
that it had not made a decision on your FOI request of 21 February 2022 within the statutory period
provided by the Freedom of Information Act 1982 (Cth) (the FOI Act). Consequently, the FOI Act
deems that the DFAT 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.
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 Department’s application, and have decided to decline an extension as I am not
satisfied that the Department had provided adequate reasoning for an extension of time to be
appropriate in this circumstance.
You may wish to seek Information Commissioner review here. Further information on applying for
IC review is available on the OAIC website.
Contact
If you have any questions about this letter, please contact me on via email to
shel xx.xxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference: RQ22/01008.
Yours sincerely

Shelley Napper
Assistant Director Investigations and Compliance
FOI Regulatory Group
28 March 2022
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

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 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/ .
2

Document Outline

Extension of time under s 15AC