Our reference: RQ22/02976
Agency reference: CB 22-014
Mr Derek Macleod
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Macleod
On 16 August 2022, the Department of Infrastructure, Transport, Regional Development and
Communications (the Department) applied for further time to make a decision on your FOI
request of 17 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.
The Department advised that the statutory timeframe had already been extended by a
period of 30 days to allow for third party consultation, as permitted under s 15(6) of the FOI
Act.
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 retrospectively grant the Department an extension of time under s 15AB(2)
of the FOI Act to 31 August 2022. I am satisfied that the Department’s application for an
extension of time is justified, because the request is complex. My reasons and considerations
follow:
•  The Department appears to have been taking active steps to process your FOI
request, including through undertaking search and retrieval of documents and third
party consultation, however
•  Documents retrieved in response to your FOI request from other business areas were
in an incompatible format, which has taken additional time for the Department to
resolve.
I have considered the Department’s application, in the circumstances I have decided to grant
an extension.
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

If the Department did not make a decision by 31 August 2022 you may wish to seek
Information Commissioner review of the Department’s deemed refusal of request 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 via email to
xxxxx@xxxx.xxx.xx . In all correspondence please include OAIC reference: RQ22/02976.
Yours sincerely

Karen Tulloch | Assistant Director
Investigations and Compliance
Freedom of Information Regulatory Group
PH: 1300 363 992   |  xxxxx@xxxx.xxx.xx
7 September 2022
2

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 legally correct. You can make this
application under the Administrative Decisions (Judicial Review) Act 1977.

The Court wil 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 following a decision made under the FOI Act. Complaints
usually 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/ .
3

Document Outline

Extension of time under s 15AB