Decision to decline an extension of time under s 15AB of the Freedom of Information Act 1982
| Agency | National Disability Insurance Agency |
| Applicant | Gemma Jones |
| Decision date | 5 March 2025 |
| OAIC reference number | RQ25/01079 |
| Agency reference number | FOI 24/25-1220 |
Decision
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On 3 March 2025, the National Disability Insurance Agency (the Agency) applied under s 15AB(1) of the Freedom of Information Act 1982 (Cth) (FOI Act) to the Information Commissioner for an extension of 30 days to 4 April 2025 to process Gemma Jones’ (the Applicant) request of 3 February 2025 (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 and/or voluminous.
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As a delegate of the Information Commissioner, I am authorised to make decisions on extension of time applications made under s 15AB(2) of the FOI Act.
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On the information before the Information Commissioner, I have decided to decline the Agency’s request to extend the processing period. A decision on the Applicant’s request therefore is due by 5 March 2025. My reasons are outlined below.
Background
- A copy of the Agency’s reasons for seeking an extension are included at Attachment A.
Reasons for decision
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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.
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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 [3.150] – [3.157].
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On the information before the OAIC, I am not satisfied that the application to extend the processing period is justified, for the following reasons:
- The application provides limited evidence of appropriate work being undertaken by the Agency to process the FOI request to date, in particular in the 2 weeks after the FOI request was received. As such, it appears the Agency has not utilised the initial processing period effectively and I cannot find that the processing period was insufficient on the basis of complexity or volume.
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If the Agency does not provide the Applicant a decision by 5 March 2025, the Applicant may seek review by the Information Commissioner of the Agency’s deemed access refusal decision of 5 March 2025. Further information on applying for IC review is available on the OAIC website. Any application for IC review should 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.
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For further information, the OAIC website provides a resource containing information on applying for an extensions of time to process freedom of information requests.
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This extension of time matter is now closed. Your review rights are set out below.
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If you wish to discuss this matter, please contact us by email at FOIDR@oaic.gov.au quoting reference number RQ25/01079.
Yours sincerely A De Ieso
Andriana De Ieso Review Adviser Office of the Australian Information Commissioner
5 March 2025
Attachment A
The Agency’s reasons for requesting an extension of time, as included in the extension of time request form.
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. * 3 February 2025 - Request received from Applicant 17 Feb - Acknowledgement and 15AA request for extension of time sent to applicant. 17 Feb - Consults sent to line areas (Analytics Data and Actuarial (ADA) & Service Design and Guidance (SGD)) 18 Feb - Line area advised to also consult with Technical Advice and Practice Improvement Branch (TAPIB), consultation sent 19 Feb - Response from ADA received - 1 document provided (spreadsheet) 24 Feb - Response from SDG received - 24 documents provided 26 Feb - Response from TAPIB received - no documents located 26 Feb - Request allocated to Decision Maker (DM) 26 Feb - Email sent to applicant advised that request still being processed, request for 15AA extension of time again - no response What work is required to finalise the request? *
- analysis documents provided to see if they are in scope. - Convert any relevant documents to PDF, bundle, and redact any information under the relevant FOI exemption - advise relevant line areas of any information/document that may be released, giving the line areas a chance to comment, if necessary - Advise EL1 & EL2 of decision and any documents that may be released. Why is the request considered complex or voluminous? * 25 documents supplied by line area to review whether in scope of applicant’s request. Each document averaging around 30+pages each Do other agencies or parties have an interest in the request? * Documents have not been assessed yet but do not believe other agencies would have interest in this request.
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 .