Extension of time under s 15AB
Our reference: RQ21/03255 Agency reference: FOI 21/22-0295
Ms Karen Reynolds
Sent by email: foi+request-7876-14d93316@righttoknow.org.au
Dear Ms Reynolds
On 14 October 2021, the National Disability Insurance Agency (the NDIA) applied for further time to make a decision on your FOI request of 19 September 2021 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 NDIA advised that it attempted to obtain an agreement under s 15AA of the FOI Act for an extension of time from you, however you did not agree to an extension of time.
Contact with you
On 18 October 2021, I wrote to you to seek your view on the NDIA’s application. I invited you to provide any comments by 21 October 2021, however it appears that a response has not been received.
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 5 November 2021. 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 considers this request to be complex as it relates to internal documents held by NDIA Staff and line areas regarding NDIA statistics
- the NDIA had advised that searches for documents within the scope of the request are being conducted by the relevant business areas, and
- the processing of the request has been delayed by the COVID stay at home orders.
1300 363 992 T +61 2 9284 9686 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 you have any questions about this letter, please contact me on (02) 9284 9721 or via email shelley.napper@oaic.gov.au. In all correspondence please include OAIC reference number at the top of this letter.
Yours sincerely
Shelley Napper Assistant Director FOI Regulatory Group
26 October 2021
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/.