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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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Decision to grant an extension of time under s 15AB of the Freedom of Information Act 1982
Agency National Disability Insurance Agency
Applicant TS TS
Date of decision 20 March 2026
OAIC reference number RQ26/01917
Agency reference number FOI 25/26-2150

Decision

  1. On 16 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 7 days to 26 March 2026 to process TS TS’s (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 7 days to 26 March 2026. My reasons are outlined below.

Background

  1. The background to this application is summarised in Attachment A.

  2. A copy of the Agency’s reasons for seeking an extension are included at Attachment B.

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].

  1. On the information before the OAIC, I am satisfied that an extension to the processing period until 26 March 2026 is justified on the basis of complexity, for the following reasons:

    • Based on the Agency’s submissions, I am satisfied that the request is complex, based on
      • The sensitive nature of the documents requested
      • Absence of key decision-making personnel required for the processing of the FOI request.

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

    • Steps taken by the Agency to first request a s 15AA agreement from the Applicant.

  3. The Agency must provide the Applicant with a decision by 26 March 2026.

    If the Agency does not provide the Applicant a decision by 26 March 2026 the Applicant may seek review by the Information Commissioner of the Agency’s deemed access refusal decision of 26 March 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 RQ26/01917.

Yours sincerely,

Melih Sayan Assistant Review Advisor Freedom of Information Case Management Branch Office of the Australian Information Commissioner

20 March 2026

Attachment A

Background to processing period

Background Processing period Due date
FOI request made on 17 February 2026 30 days 19 March 2026

Attachment B

The agency’s reasons for requesting an extension of time, as included in the extension of time request form.

Has the applicant raised any concerns about delays? * If yes, please attach a copy of the correspondence received from the applicant. (see below for attaching files) No

Please also explain the reasons for the request and why an extension would be justified. Requests for longer extensions of time (more than 30 days) will require greater justification.

Please provide a timeline setting out the work already completed in order to process this request. Where an extension of time has previously been granted, describe the work that was undertaken during that extended period. * 17 Feb – Application received 17 Feb – Review of disclosure log documents for anything relevant to the applicant’s request 17 Feb – Acknowledgement and 30-day 15AA extension of time request sent to applicant 26 Feb – Matter allocated to decision maker for processing 27 Feb – Instructions given to action officer to locate documents 2 Mar – Majority of documents located 4 Mar – Remainder of documents located including transcripts of videos auto generated 5 Mar – Transcripts reviewed to ensure correct wording used 6 Mar – Request for advice on documents sent to FOI EL1 and EL2 – advised will need to discuss with Learning and Development EL2 however both FOI EL1 and EL2 have taken unexpected leave recently 12 Mar – 7-day 15AA extension of time requested from applicant

What work is required to finalise the request? * Review of documents by Learning and Development for sensitivities relating to the documents. Review of the documents for exemptions by FOI decision maker against sensitivities Drafting decision notice

Why is the request considered complex or voluminous? * Sensitivities in relation to the document are required by the FOI decision maker before review of the documents and decision made. This has been difficult due to public holidays and unexpected leave of both FOI EL1 and EL2.

Do other agencies or parties have an interest in the request? * No

Please describe the measures that would be taken to ensure a decision is made within the period of the requested extension and to keep the applicant informed of the progress of the request * Both FOI EL1 and EL2 are expected back Tuesday 17 March 2026, sensitivity request and review will be raised as urgent, and matter will be processed as a priority.

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:

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.