Extension of time under s 15AB

Dear Florence

On 28 April 2022, the National Disability Insurance Agency (NDIA) applied for further time to make a decision on your FOI request of 28 March 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 adquately with your FOI request, because it is complex and voluminous.

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 NDIA an extension of time under s 15AB(2) of the FOI Act to 9 May 2022. I am satisfied that the NDIA’s application for an extension of time is justified, because the request is complex and voluminous. My reasons and considerations follow:

On 28 March 2022, the NDIA received your FOI request.
The NDIA advise that searches are currently being undertaken including consultations with relevant line area to identify documents within scope.
The NDIA further advise that line areas have been impacted by staff on leave which has caused delay. An added complexity relates to the technical complications in the preparation of the documents bundle due to the volume of documents containing potential sensitivities.

1300 363 992 T +61 2 9284 9749 GPO Box 5218 www.oaic.gov.au enquiries@oaic.gov.au F +61 2 9284 9666 Sydney NSW 2001 ABN 85 249 230 937

• The line areas require further time to seek clarification and additional advice regarding sensitivities as the scope of the request relates to internal policy and security.

Based on the information currently before the OAIC, I am satisfied that an extension until 9 May 2022 is appropriate in this circumstance, particularly in consideration of the scope of the request containing sensitivities, the complexity involved in the preparation of documents, and the short extension of time of 12 days.

If NDIA does not make a decision by 9 May 2022 you may wish to seek Information Commissioner review of the NDIA’s deemed refusal of request here. Further information on applying for IC review is available on the OAIC website.

Contact If you have any questions, please contact me on (02) 9284 9847 or via email jasmin.clarke@oaic.gov.au. Please quote OAIC reference number at the top of this page in all correspondence.

Yours sincerely

Jasmin Clarke Review and Investigation Advisor FOI Regulatory Group

6 May 2022

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 at 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/