Our reference: RQ22/03557
Agency reference: FOI 22/23-0311
Mr William Green By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
C
c: xxx@xxxx.xxx.xx
Extension of time under s 15AB
Dear Mr Green
On 30 September 2022, the National Disability Insurance Agency (NDIA) applied to the Office
of the Australian Information Commissioner (OAIC) for further time to make a decision on
your FOI request of 17 August 2022 under s 15AB of 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 NDIA attempted to obtain an agreement under s 15AA of the FOI Act for an extension of
time from you. The NDIA did not receive a response from you.
The Office of the Australian Information Commissioner (OAIC) has previously granted the
NDIA an extension of time under s 15AB(2) of the FOI Act [OAIC reference: RQ22/03360]. This
extended the decision period to 30 September 2022.
Contact with you
On 24 October 2022, the OAIC wrote to you to seek your view on the NDIA’s application. The
OAIC invited you to provide any comments by 27 October 2022. You have not responded to
the OAIC’s inquiries.
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 NDIA an extension of time under s 15AB(2) of the FOI Act
to 2
December 2022. I am satisfied in the circumstances that the NDIA’s application for an
extension of time is justified, because the request is complex. My reasons and considerations
follow:
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 NDIA has advised that the request is considered complex as it requires multiple
internal consultations, as well as the possible need for multiple third-party
consultations.
• The NDIA has further advised that documents are being assessed for sensitivities.
Based on the information currently before the OAIC, I am satisfied that an extension until
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December 2022 is appropriate in this circumstance, particularly in consideration of the
complexity of the request, and the active steps taken by the NDIA to process your request to
the final stages. I consider the additional days represent a reasonable amount of time in this
circumstance.
If the NDIA does not make a decision by
2 December 2022, or you are dissatisfied with its
decision, you may wish to seek Information Commissioner review of the NDIA’s deemed
refusal of reques
t 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 NDIA’s
decision or deemed decision.
Contact
If you have any questions about this letter, please contact me via email at
xxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference: RQ22/03557.
Yours sincerely
Noah Harris
Assistant Review Adviser
FOI Regulatory Group
1 December 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 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 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
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/ .
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