Our reference: RQ22/02495
Agency reference: LEX2846
Andrew
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to
: xxx@xxx.xxx.xx
Extension of time under s 15AB
Dear Andrew
On 12 July 2022, the Australian Electoral Commission (AEC) applied for further time to make
a decision on your FOI request of 18 May 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.
The AEC advised that the statutory timeframe had been suspended under s 24AB of the FOI
Act.
The AEC advised that it previously obtained your agreement under s 15AA of the FOI Act for a
30 day extension of time to 20 July 2022 (OAIC reference: RQ22/02220).
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 AEC an extension of time under s 15AB(2) of the FOI Act
to 19
August 2022. I am satisfied that the AEC’s application for an extension of time is justified,
because the request is complex and voluminous. My reasons and considerations fol ow:
• The AEC considers the matter to be complex and voluminous as the request relates
to documents held by a number of areas across the agency, and despite narrowing
the scope with your agreement, a large number of documents have been identified
as possibly within scope of the request. The AEC advised that:
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 It needs to finalise the retrieval of relevant documents (noting that there has
been delay due to the AEC’s work during the 2022 federal election). The AEC
has conducted a department wide search for documents.
o It estimates that it has only retrieved approximately one-quarter to one-third
of the documents.
o The documents that have been retrieved are long and complex.
o It wil need to consult with the Department of Finance regarding the release
of the documents.
o Al documents possibly within scope will need to be careful y considered for
any applicable exemptions and/or relevance.
• The AEC advised that there are four categories relevant to the request (‘A’, ‘B’, ‘C’ and
‘D’). The AEC has retrieved documents relevant to categories ‘B’, ‘C’ and ‘D’, and is
preparing to provide you with a decision in respect of these categories by 20 July
2022. The work required in respect of the category ‘A’ documents has been noted
above.
Due to the complex search and retrieval process and the large volume of documents relevant
to the request, I am of the view that an extension of time in this circumstance is appropriate.
If the AEC does not make a decision
by 19 August 2022 you may wish to seek Information
Commissioner review of the AEC’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 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:
RQ22/02495.
Yours sincerely
Eoin McMahon
Review Adviser
FOI Regulatory Group
15 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 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
