Extension of time under s 15AB

Dear Shirley

On 19 August 2021, the National Disability Insurance Agency (the NDIA) applied for further time under the Freedom of Information Act 1982 (Cth) (the FOI Act) to make a decision on your FOI request made on 12 June 2021.

This application was made on the basis that the processing period is insufficient to deal adquately with your FOI request because it is complex and possibly voluminous.

The NDIA has advised that you agreed to an extension of time under s 15AA of the FOI Act to 19 August 2021 (OAIC reference RQ21/01843).

The processing period was further extended for consultation under s 24AB of the FOI Act.

Contact with you

On 23 August 2021, I wrote to you to seek your view on the NDIA’s application. I invited you to provide any comments by 25 August 2021. You have not responded to my inquiries.

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 20 September 2021. I am satisfied that the NDIA’s application for an extension of time is justified, because the request is complex and possibly voluminous. My reasons and considerations follow: • The NDIA has advised that:

− the request is broadly scoped, complex and potentially voluminous and covers both
  current and historical documents

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

the request seeks access to documents of a highly sensitive and complex nature from multiple business areas
the NDIA is engaged in consultation with multiple stakeholders to conduct searches and provide advice
the request is now being processed in line with the revised scope
searches for historic material have been complex as ICT infrastructure has changed over time and other Commonwealth agencies hold the archived material
COVID-19 lockdowns have had an impact on staff and agency operations, and
the NDIA is committed to issuing a decision as soon as possible.

Contact

If you have any questions about this letter, please contact me on (02) 9284 9783 or via email at rochelle.dunlop@oaic.gov.au. In all correspondence, please include the OAIC reference number at the top of this letter.

Yours sincerely

Rochelle Dunlop Review and Investigation Advisor FOI Regulatory Group

26 August 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/ .