Our reference: RQ22/03887
Agency reference: LEX 1526 ICM 22/740
Mr Ace Chapman
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC: xxx@xxxxxxxxxxxxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Chapman
On 25 October 2022, the NDIS Quality and Safeguards Commission (NDIS) applied to the Office
of the Australian Information Commissioner (OAIC) for further time to make a decision on your
FOI request of 14 July 2022, as permitted under the
Freedom of Information Act 1982 (Cth) (the
FOI Act). The NDIS has applied for a further 9 days until 11 November 2022.
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 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 Office of the Australian Information Commissioner has previously granted the NDIS an
extension of time under s 15AB(2) of the FOI Act [OAIC reference: RQ22/03475]. This extended
the decision period to 2 November 2022.
I note that on 4 November 2022 you sought an Information Commissioner (IC) review of the
NDIS’ deemed decision [OAIC reference: MR22/01758].
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 NDIS an extension of time under s 15AB(2) of the FOI Act
to
11 November 2022. I am satisfied that in the circumstances, the NDIS’ application for an
extension of time of 9 days is justified, because the request is complex and voluminous. My
reasons and considerations are below.
1300 363 992
T +61 2 9942 4099
GPO Box 5288
www.oaic.gov.au
xxxxxxxxx@xxxx.xxx.xx
F +61 2 6123 5145
Sydney NSW 2001
ABN 85 249 230 937
The NDIS advise:
• 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 and the need to liaise with
numerous internal staff due to records being held within overlapping operational areas
• There are chal enges associated with significant staff changes
• The majority of records sought deemed to be of a highly sensitive nature require careful
consideration and internal management
• There are chal enges associated with locating and accessing additional documents identified
during the consultation process.
Based on the information currently before the OAIC, I am satisfied that an extension until
11 November 2022 is appropriate in this circumstance, particularly in consideration of the
complexity of the request; as well as the active steps taken by the NDIS
to progress your request to the final stages. I consider the additional 9 days represent a
reasonable amount of time in this circumstance.
If the NDIS does not make a decision by 11 November 2022, you may wish to seek Information
Commissioner review of the NDIS’ deemed refusal of reques
t here. Noting that you had already
exercised your IC review rights on 4 November 2022 in relation to the NDIS’ deemed access
refusal decision, I understand this IC review is currently under consideration by our office.
Further informati
on on applying for IC review is available on the OA
IC website.
Contact
If you have any questions about this letter, please contact me on 1300 363 992 or via email to
xxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference: RQ22/03887.
Yours sincerely
Karen Tulloch
Assistant Director
Investigations & Compliance
10 November 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 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 a
t 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 th
e 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
