Extension of time under s 15AB

Dear Ms Humphris

On 19 April 2022, the National Disability Insurance Agency (NDIA) applied for further time to make a decision on your FOI request of 18 February 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.

The NDIA previously obtained your agreement under s 15AA of the FOI Act for a 30-day extension of time to 19 April 2022 (OAIC reference: RQ22/00904).

Decision

As a delegate of the Information Commissioner, I am authorised to make decisions on actions 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 3 May 2022. I am satisfied that the NDIA’s application for an extension of time is justified, because the request is complex. My reasons and considerations follow:

The NDIA has advised that:
- The NDIA is awaiting one consultation response, once received the NDIA expects to finalise a decision.
- The request is considered to be complex as the NDIA have been required to consult with multiple areas within the agency for information relevant to the request.
- Additional time is required to finalise and notify the decision.

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

Contact

If the NDIA does not make a decision by 3 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.

If you have any questions, please contact me on +61 2 9284 9815 or via email to Summen.Sarwar@oaic.gov.au. In all correspondence, please quote OAIC reference number at the top of this letter.

Yours sincerely

Summen Sarwar Assistant Review and Investigation Advisor FOI Regulatory Group

29 April 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/