Our reference: RQ22/03475 & RQ22/03724
Agency reference: LEX 1526 ICM 22/740
Ace Chapman
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC: NDIS Quality & Safeguards Commission
By email: xxx@xxxxxxxxxxxxxx.xxx.xx

Extension of time under s 15AB
Dear Mr Chapman
On 28 September 2022 the NDIS Quality and Safeguards Commission (the NDIS Commission)
applied for further time to make a decision on your FOI request of
14 July 2022, under the Freedom of Information Act 1982 (Cth) (the FOI Act). The NDIA sought  an
extension of time to 19 October 2022.
On 13 October 2022, the NDIA amended this request to further extend the statutory due date to
2 November 2022. We understand that the NDIA also notified you of this further request.
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 NDIS Commission also obtained your agreement under s 15AA of the FOI Act for a 21 day
extension of time to 5 September 2022 [OAIC reference: RQ22/02942].
The NDIS Commission advised that the statutory timeframe had already been extended by a
period of 20 days to allow for third party consultation in accordance with s 15(6) of the FOI Act.
Contact with you
On 6 October 2022, I wrote to you to seek your view on the NDIS Commission’s application. You
responded to my enquiries and provided comments which I have taken into consideration
which include:
I have not many further comments to make apart from: I am concerned that if the agency
finds this FOI regarding a publicly listed procurement to be voluminous or so complex that
they’re having to check a number of systems and are unable to gather information about
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

it due to staff movement that is worrisome for public confidence in accountability of
public spending.
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 in the circumstances, and with the information before me, to grant the NDIS
Commission an extension of time for a combined total of 28 days, under s 15AB(2) of the FOI Act
to 2 November 2022. I am satisfied that the NDIS Commission’s application for an extension of
time is justified, because the request is complex and voluminous. In particular, I note the NDIS’s
advice that:
The request is both complex and voluminous due to:
- the high volume of records requiring retrieval and review and possible redaction
- the need to locate records across multiple system platforms
- the need to liaise with numerous internal staff due to records being held within overlapping
operational areas
- challenges associated with significant staff changes
- the majority of records sought deemed to be of a highly sensitive nature requiring careful
consideration and internal management
- the number of potential third parties that may require consultation.
If the NDIS Commission does not make a decision by 2 November 2022, or you are dissatisfied
with its decision, you may wish to seek Information Commissioner review of the NDIS
Commission’s decision here. Further information on applying for IC review is available on the
OAIC website. An application for IC review would need to be made within 60 days of the
Agency’s decision, or deemed decision.
Contact
If you have any questions about this letter, please contact me on 1300 363 992 or via email to
xxxxx.xxxxxxx@xxxx.xxx.xx . In all correspondence please include OAIC reference: RQ22/03475
and RQ22/03724.
Yours sincerely

Karen Tulloch
Assistant Director
Investigations & Compliance

25 October 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