Our reference: RQ23/01770
Agency reference: LEX 7361
MBV Right to know By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CC: xxx@xxxx.xxx.xx
Extension of time under s 15AB
Dear FOI Applicant,
On 18 April 2023, the Department of Foreign Affairs and Trade (Department) applied for
further time to make a decision on your FOI request of 21 February 2023 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.
The Department
previously obtained your agreement under s 15AA of the FOI Act for a 30-
day extension of time to 22 April 2023 (which was a Saturday and, therefore, may be
extended to 24 April 2023 by operation of s 36(2) of the
Acts Interpretation Act 1901 (Cth))
[OAIC reference: RQ23/01080].
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 22 May 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 Department has advised the OAIC that:
o The request is complex as multiple government agencies and internal line
areas require consultation; and
o The request is additionally complex as it involves domestic and international
agencies’ response.
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
If the Department does not make a decision by 22 May 2023 you may wish to seek IC 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.
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: RQ23/01770.
Yours sincerely
Thomas Hanaee
Assistant Review Adviser
FOI Regulatory Group
28 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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