Our reference: RQ22/02534
Agency reference: LEX 68168
Posty
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Notification to
: xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Posty
On 14 July 2022, Services Australia applied for further time to make a decision on your FOI
request of 2 June 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.
Services Australia advised that the statutory timeframe had been suspended under s 24AB of
the FOI Act.
Services Australia advised that it attempted to obtain an agreement under s 15AA of the FOI
Act for an extension of time from you. Services Australia advised that as of 14 July 2022, it
had not received a response from you. I note that you agreed to a 28 day extension of time
on 15 July 2022.
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 Services Australia an extension of time under s 15AB(2) of the FOI Act
to 11 August 2022. I am satisfied that Services Australia’s application for an extension of
time is justified, because the request is complex and voluminous. My reasons and
considerations fol ow:
• Services Australia considers the matter to be complex as:
o Processing the request has required consultation with a number of internal
business areas that may hold documents relevant to the request.
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 Subject matter experts within the business areas were consulted.
o At the initial consultation stage, further business areas were identified as
potentially holding documents within scope of the request and accordingly
would need to be consulted.
• Services Australia advised that one business area advised that it would require
further time to identify and retrieve documents relevant to the request, as it was
assisting with Australian Government disaster payments in relation to the July 2022
NSW floods.
• Services Australia advised that it has commenced processing the request with the
current documents it has received from the relevant business areas, however, it is
awaiting further documents from other business areas in order to finalise the
request.
• I note that on 15 July 2022 you agreed to a 28 day extension of time.
Noting the complex internal consultation that has been required to process the request, I am
of the view than an extension of time is appropriate in these circumstances.
If Services Australia does not make a decision
by 11 August 2022 you may wish to seek
Information Commissioner review of Services Australia’s deemed refusal of reques
t here.
Further information o
n applying for IC review is available on the OAI
C 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:
RQ22/02534.
Yours sincerely
Eoin McMahon
Review Adviser
FOI Regulatory Group
20 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
