Our reference: RQ22/01342
Agency reference: Alex Pentland
Mr Alex Pentland
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to: xxx@xxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Pentland
On 12 April 2022, the Office of the eSafety Commissioner (eSafety) applied for further time to
make a decision on your FOI request of 22 March 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.
eSafety attempted to obtain an agreement under s 15AA of the FOI Act for an extension of
time from you. eSafety 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 eSafety an extension of time under s 15AB(2) of the FOI Act to
23 May
2022. I am satisfied that eSafety’s application for an extension of time is justified, because
the request is complex and voluminous. My reasons and considerations fol ow:
• eSafety has advised that:
o The content of the request brings into scope documents that contain policy
and legislative sensitivities over a 2-year period.
o The request requires consultation with the Prime Minister and Cabinet
(PMC), Digital Transformation Agency (DTA) and the Department of
Infrastructure, Transport, Regional Development and Communications
(DITRDC).
o Due to the Easter long weekend and ANZAC day, several eSafety staff as well
as the decision maker will be on leave.
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 eSafety has collated and reviewed documents in scope, taken steps to locate
alternative decision maker and corresponded with you regarding the
progress of the request.
o Additional time is required to finalise consultations, review documents and
finalise statement of reasons for decision notification.
If eSafety does not make a decision by 23 May 2022 you may wish to seek Information
Commissioner review of eSafety’s deemed refusal of reques
t here. Further information on
applying for IC review is available on the OAIC
website.
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
19 April 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.
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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 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