Our reference: RQ23/01436
Agency reference: FOI-2023-036
Not Rex Patrick By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
C
c: xxx@xxx.xxx.xx
Extension of time under s 15AB
Dear Not Rex Patrick
On 31 March 2023, the Department of the Prime Minister and Cabinet (Department) applied
to the Office of the Australian Information Commissioner (OAIC) for further time to make a
decision on your FOI request of 2 March 2023, 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 has already been extended to allow
for consultation in accordance with s 15(6) of the FOI Act.
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 6 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:
• I am satisfied that the request is complex as the Department advised that the
documents within the scope of the request included information from the Northern
Territory Government. This necessitated consultation ‘to ensure the advice is
current’.
• All preliminary work has been completed and a draft decision has been prepared.
The decision maker ‘has requested clarification of consultation advice received from
the [Territory] in order to finalise the decision’.
• The request is for a 5-day extension, which in this instance is not excessive.
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 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. Particularly, granting this extension
of time is expected to provide you with a substantive decision by the Department on
your request by 6 April 2023, which will be substantially sooner than a decision by
Information Commissioner review (IC review). It is expected to reinstate your right to
seek an internal review of a substantive decision by the Department and to extend
the timeframe for you to apply for an IC review of the Department’s anticipated
decision.
Based on the information currently before the OAIC, I am satisfied that an extension until
6
April 2023 is appropriate in this instance, and I consider the additional days represent a
reasonable amount of time in the circumstances.
If the Department does not make a decision by 6 April 2023, or you disagree with the decision
you receive, you may wish to seek IC 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: RQ23/01436.
Yours sincerely
Noah Harris
Assistant Review Adviser
FOI Regulatory Group
3 April 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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