Our reference: RQ22/02428
Agency reference: CRM2022/1176(LEX757)
Me Me
Sent by email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to
: xxx@xxx.xxx.xx
Extension of time under s 15AC
Dear Me
On 6 July 2022, the Australian Federal Police (AFP)
advised the Office of the Australian
Information Commissioner (OAIC) that it had not made a decision on your FOI request of 2
May 2022 within the statutory period provided by the
Freedom of Information Act 1982 (Cth)
(the FOI Act). Consequently, the FOI Act deems that the AFP 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 AFP has
applied for further time to finalise your request.
The AFP advised that it previously attempted to obtain an agreement under s 15AA of the FOI
Act for an extension of time from you. The AFP advised that you refused the request for a 30
day extension.
The Office of the Australian Information Commissioner has previously granted the AFP an
extension of time under s 15AB(2) of the FOI Act (OAIC reference: RQ33/01840). This extended
the decision period to 1 July 2022.
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 decided to grant the AFP further time to
8 July 2022 to process your request. My
reasons and considerations fol ow:
• The AFP advised that all processing work relevant to the request has been completed
and the final decision is awaiting final clearance from the Chief Operation Officer.
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
Noting that the request is in the final stages of clearance, I am of the view that an extension
of time is appropriate in these circumstances. A final review will ensure that a sound decision
is made.
This extension of time under s 15AC of the FOI Act means that the deemed refusal is taken
never to have applied if the AFP makes a decision on your request
by 8 July 2022. Such an
extension can only be granted once and cannot be extended by a variation.
I note that the
Freedom of Information (Charges) Regulations 2019 provides if an applicant is
not notified of a decision on a request within the statutory time limit (including any
extension of time), the agency or minister cannot impose a charge for providing access, even
if the applicant was earlier notified that a charge was payable (regs 7(2), (3)). This extension
under s 15AC of the FOI Act does not mean that charges can be reimposed and any deposit
you have paid should be refunded.
If you did not receive a decision
by 8 July 2022 or you disagree with the AFP’s decision, 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 (02) 9942 4028 or via email
to
xxxx.xxxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference:
RQ22/02428.
Yours sincerely
Eoin McMahon
Review Adviser
FOI Regulatory Group
12 July 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.
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/ .
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Document Outline
