Our reference: RQ23/00035
Agency reference: FOI 23-22
Ms Dale Webster By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC
: xxxxxxx.xxxxxxxx@xxxx.xxx.xx
Extension of time under s 15AB
Dear Ms Webster
On 4 January 2023, the Australian Prudential Regulation Authority (APRA) applied to the
Office of the Australian Information Commissioner (the OAIC) for further time to make a
decision on your FOI request of 26 December 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.
APRA attempted to obtain an agreement under s 15AA of the FOI Act for an extension of time
from you. APRA advised that you refused the request for a 30 day extension.
Contact with you
On 24 January 2023, I wrote to you to seek your view on the APRA’s application. You
responded to my inquiries and provided comments which I have taken into consideration,
including that:
When APRA contacted me and asked for an extension it gave no explanation for why it could
not complete the work in the legislated timeframe so I refused the request.
Had they supplied the information you have provided today I would have happily agreed to
an extension, as I did with another department that told me they had staff on leave.
On the basis of the new information I approve the extension.
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.
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
I have decided to grant the APRA an extension of time under s 15AB(2) of the FOI Act
to 24
February 2023. I am satisfied that the APRA’s application for an extension of time is justified,
because the request is complex . My reasons and considerations follow:
• The FOI request was received on a public holiday during the Christmas shutdown
period and the offices re-opened on 3 January 2023.
• The request is complex in nature as it spans many areas within APRA and many
essential stakeholders have had planned time off in January.
• Due to many stakeholders being on leave, it will be difficult to conduct all the
necessary searches required to finalise the FOI request.
• All stakeholders who are not on leave have completed searches in order to ensure a
decision can be finalised as soon as practicable.
If APRA does not make a decision by
24 February 2023 you may wish to seek Information
Commissioner review of the APRA’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
to xxxxx@xxxx.xxx.xx.
In all correspondence please include OAIC reference: RQ23/00035.
Yours sincerely
Avanithah Selvarajah
Assistant Review Adviser
FOI Regulatory Group
24 January 2023
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.
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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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