Our reference: RQ23/00837
Agency reference: LEX 46123
Mr Oliver Smith By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
C
c: xxx@xxx.xxx.xx
Extension of time under s 15AB
Dear Mr Smith
On 28 February 2023, the Department of Social Services (Department) applied to the Office of
the Australian Information Commissioner (OAIC) for further time to make a decision on your
FOI request of 8 December 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 Department advised that the statutory timeframe had already been extended to allow
for consultation in accordance with s 15(6) of the FOI Act.
The Department
also obtained your agreement under s 15AA of the FOI Act for a 30-day
extension of time to 6 February 2023 [OAIC reference: RQ23/04925].
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 Department an extension of time under s 15AB(2) of the FOI Act
to 3 April 2023. I am satisfied that the Department’s application for an extension of time is
justified, because the request is complex. My reasons and considerations follow:
• The request is complex as the Department engaged in significant third-party
consultation. Consultation responses are required to inform the assessment of the
documents within scope for exemptions under the FOI Act.
• The Department advised that there was a significant amount of material falling
outside the scope of the request, which had to be carefully considered to avoid
removal of relevant material.
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 anticipates finalisation by 3 April 2023.
Based on the information currently before the OAIC, I am satisfied that an extension until
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April 2023 is appropriate in this circumstance.
I have also considered that granting this
extension of time assists in facilitating and promoting the objects of the FOI Act, as well as
providing you with access to the full review mechanisms available under the FOI Act. I
consider the additional days represent a reasonable amount of time in the circumstances.
If the Department does not make a decision by 3 April 2023, or you disagree with the decision
you receive, you may wish to seek Information Commissioner revie
w here. Further
information
on applying for IC review is available on the OA
IC website. An application for IC
review would need to be made within 60 days of the Department’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@xxxx.xxx.xx. In all correspondence please include OAIC reference: RQ23/00837.
Yours sincerely
Noah Harris
Assistant Review Adviser
FOI Regulatory Group
9 March 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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