Our reference: RQ22/05089
Agency reference: FOI 22/23-0589
Josh By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC
: xxx@xxxx.xxx.xx
Extension of time under s 15AB
Dear Josh
On 23 December 2022, the National Disability Insurance Agency (the Agency) applied for
further time to make a decision on your FOI request of 1 October 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 and voluminous.
The Agency
previously obtained your agreement under s 15AA of the FOI Act for a 30-day
extension of time to 30 November 2022 [OAIC reference: RQ22/03961].
The Office of the Australian Information Commissioner has previously granted the Agency an
extension of time under s 15AB(2) of the FOI Act [OAIC reference: RQ22/04377]. This extended
the decision period to 30 December 2022.
Contact with you
On 3 January 2023, I wrote to you to seek your view on the Agency’s application. You
responded to my inquiries and provided comments that I have taken into consideration.
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 Agency an extension of time under s 15AB(2) of the FOI Act to
14
January 2023. I am satisfied that the Agency’s application for an extension of time is
justified, because the request is complex and voluminous. My reasons and considerations
follow:
Reasons
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 Department advises that the scope of the request is complex because it is broad and
requires consultation with four different line areas. The request is voluminous, because
Agency staff availability has reduced is capacity to process requests in a timely manner.
Based on the information currently before the OAIC, I am satisfied that an extension until
14
January 2023 is appropriate in this circumstance. I consider the additional days to represent
a reasonable amount of time to finalise the request, and that by granting the extension your
rights to internal review are preserved.
If the Department does not make a decision by
14 January 2023 you may wish to seek
Information Commissioner review of the Department’s deemed refusal of reques
t here.
Further information
on applying for IC review is available on the OA
IC website. An
application for IC review must 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 via email at
xxxxx@xxxx.xxx.xx. In all correspondence, please include OAIC reference: RQ22/05081.
Yours sincerely
Alistair Boyd
Review Adviser (Legal)
FOI Regulatory Group
9 January 2023
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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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