FEDERAL COURT OF AUSTRALIA
LAW COURTS BUILDING
SYDNEY NSW 2000
25 March 2022
Right to Know
By email: email@example.com;
Request for access to documents under the Freedom of Information Act 1982
I acknowledge receipt of your two requests for access to documents under the Freedom of
Information Act 1982
) both made on 13 March 2022. The requests are enclosed.
Acceptance of transfer
One of these requests was originally received by the Australian Public Service Commission
On 18 March 2022, with the consent of the Federal Court of Australia (the Court
), the APSC
transferred that request to the Court. The request was transferred to the Court under section 16
of the FOI Act, which provides that an agency can transfer a request if the requested document
is not in the possession of the agency but is in the possession of another agency, or if the subject
matter of the document is more closely connected with the functions of another agency.
Your two FOI requests made on 13 March 2022 will now be dealt with jointly by the Court.
Extension of time
Your requests seek access to documents that contain personal information about individuals.
It appears that the individuals concerned might reasonably wish to contend that the documents
are conditionally exempt under section 47F of the FOI Act and access to the documents would,
on balance, be contrary to the public interest under the FOI Act. In accordance with subsection
27A(3) of the FOI Act, the Court must give those individuals a “reasonable opportunity to
make submissions in support of the exemption contention
” before making a decision on the
release of the documents that contain personal information about those individuals.
The Court will have regard to any submissions it receives from the individuals concerned, but
the final decision about whether to grant you access to the documents you have requested rests
with the Court.
For this reason, the Court has determined that the requirements of section 27A of the FOI Act
make it appropriate to extend the period for processing your requests by a further period of 30
days in accordance with subsection 15(6) of the FOI Act.
The processing period for your requests will now expire on Thursday 12 May 2022.
C Hammerton Cole