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OAIC — Decision to grant an extension of time under s 15AB of the Freedom of Information Act 1982

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Australian Government

Office of the Australian Information Commissioner

Decision to grant an extension of time under s 15AB of the Freedom of Information Act 1982

Agency National Disability Insurance Agency
Applicant TS
Date of decision 27 March 2026
OAIC reference number RQ26/02225
Agency reference number FOI 25/26-2149

Decision

  1. On 26 March 2026, the National Disability Insurance Agency (the Agency) applied under s 15AB(1) the Freedom of Information Act 1982 (Cth) (FOI Act) to the Information Commissioner for an extension of 14 days to 9 April 2025 to process TS’ (the Applicant) request of 17 February 2026 (the FOI request). This application was made on the basis that the processing period is insufficient to deal adequately with the FOI request because it is complex.

  2. As a delegate of the Information Commissioner, I am authorised to make decisions on extension of time applications under s 15AB(2) of the FOI Act.

  3. Under s 15AB(2) of the FOI Act, I have decided to extend the processing period by 14 days to 9 April 2026. My reasons are outlined below.

Reasons for decision

  1. Subsection 15AB(2) of the FOI Act requires that I consider whether the application is justified on the basis that the processing period referred to in s 15(5)(b) is insufficient for dealing with the request, on the basis that the request is complex or voluminous.

  2. In making my decision under s 15AB(2), I have considered the information provided by the Agency, and the FOI Guidelines issued by the Information Commissioner under s 93A of the FOI Act, in particular paragraphs [3.259] – [3.264].

  3. On the information before the OAIC, I am satisfied that an extension to the processing period until 9 April 2026 is justified on the basis of complexity and/or volume, for the following reasons:

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• Based on the Agency’s submissions, I am satisfied that the request is complex, based on the sensitive nature of the documents requested and the absence of key decision-making personnel.

  1. In granting this further time, I have also considered:

    • The work already undertaken by the Agency to finalise the request • Measures taken by the Agency to ensure a decision is made within the extended time period • Steps taken by the Agency to first request a s 15AA agreement from the Applicant • Steps taken by the Agency to keep the Applicant informed of progress

  2. The Agency must provide the Applicant with a decision by 9 April 2026.

  3. If the Agency does not provide the Applicant a decision by 9 April 2026 the Applicant may seek review by the Information Commissioner of the Agency’s deemed access refusal decision of 9 April 2026. Further information on applying for IC review is available on the OAIC website. Any application for IC review would need to be made within 60 days of the Agency’s decision or deemed decision. It also remains open to the Agency to apply for a further extension of time from the Information Commissioner if considered appropriate.

  4. For further information, the OAIC website provides a resource containing information on applying for an extensions of time to process freedom of information requests.

  5. This extension of time matter is now closed. Your review rights are set out below.

  6. If you would like to discuss this matter, please contact our office by email at FOIDR@oaic.gov.au, quoting reference number RQ26/02225.

Yours sincerely,

Annette Cole Assistant Director Freedom of Information Case Management Branch Office of the Australian Information Commissioner 27 March 2026

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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 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 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/your-freedom-of-information-rights/freedom-of- information-complaints/make-an-foi-complaint .

Making a complaint to the Commonwealth Ombudsman

If you believe you have been treated unfairly by the OAIC, you can make a complaint to the Commonwealth Ombudsman (the Ombudsman). The Ombudsman’s services are free. The Ombudsman can investigate complaints about the administrative actions of Australian Government agencies to see if you have been treated unfairly.

If the Ombudsman finds your complaint is justified, the Ombudsman can recommend that the OAIC reconsider or change its action or decision or take any other action that the Ombudsman considers is appropriate. You can contact the Ombudsman’s office for more information on 1300 362 072 or visit the Commonwealth Ombudsman’s website at http://www.ombudsman.gov.au .

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