Our reference: RQ22/03434
Agency reference: 0344 (Torres)
Christina Torres
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC: National Disability Insurance Agency
By emai
l: xxx@xxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Torres
On 23 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 23 August 2022, as permitted 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.
Contact with you
On 17 October 2022, Noah from our Office, wrote to you to seek your views on the NDIA’s
application. I invited you to provide any comments however you have not responded to my
enquiries.
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 NDIA
an extension of time under s 15AB(2) of the FOI Act
to 28 October 2022. I am satisfied that
the NDIA’s application for an extension of time is justified, because the request is complex
and voluminous. My reasons and considerations follow:
• The request is complex as it has required multiple internal consultations to locate all
the documents within scope, and delays for the responses from these areas has made
it difficult to col ate the required information
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
• The request is complex due to the complexity of the scope of the request
• The request is complex as the scope of the request requires clarification and additional
consultation, particularly as it is one of two received from you on the same day, and
both requests require clarification.
Based on the information currently before the OAIC, I am satisfied that an extension until
28 October 2022 is appropriate in this circumstance, particularly in consideration of the
complexity of the request; as well as the active steps taken by the NDIA to progress your
request to the final stages. I have also considered that you have not provided any objections
to the extension.
I consider the additional days represent a reasonable amount of time in this circumstance.
If the NDIA does not make a decision by 28 October 2022 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 Agency’s decision, or deemed decision.
Contact
If you have any questions about this letter, please contact me on (02) 9942 4061 or via email
to xxxxx.xxxxxxx@xxxx.xxx.xx. In all correspondence please include OAIC reference:
RQ22/03434.
Yours sincerely
Karen Tulloch
Assistant Director
Investigations & Compliance
27 October 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
