Decision to grant an extension of time under s 15AB of the Freedom of Information Act 1982
| Agency | National Disability Insurance Agency |
|---|---|
| Applicant | Stuart N/A |
| Decision date | 25 July 2025 |
| OAIC reference number | RQ25/04045 |
| Agency reference number | FOI25/26-0001 |
Decision
- On 16 July 2025, 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 30 days to 30 August 2025 to process Stuart N/A’s (the Applicant) request of 01 July 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.
- 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.
- Under s 15AB(2) of the FOI Act, I have decided to extend the processing period by 30 days to 30 August 2025. My reasons are outlined below.
Background
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The background to this application is summarised in Attachment A.
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A copy of the Agency’s reasons for seeking an extension are included at Attachment B.
Reasons for decision
- 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 satisfied that an extension to the processing period until 30 August 2025 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 challenges involved in the search and retrieval of any relevant documents as they do not exist and will exist only in mid-August 2025 as stated in the Agency’s EOT application.
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In granting this further time, I have also considered:
- The work already undertaken by the Agency to finalise the request
- Measures taken by the Agency to ensure a decision is made within the extended time period
- Steps taken by the Agency to first request a s 15AA agreement from the Applicant
- Steps taken by the Agency to utilise relevant extension of time provisions available under the FOI Act to allow for third party consultation
- Steps taken by the Agency to keep the Applicant informed of progress
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The Agency must provide the Applicant with a decision by 30 August 2025.
If the Agency does not provide the Applicant a decision by 30 August 2025 the Applicant may seek review by the Information Commissioner of the Agency’s deemed access refusal decision of 30 August 2025 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.
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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 would like to discuss this matter, please contact our office by email at FOIDR@oaic.gov.au, quoting reference number RQ25/04045.
Melih Sayan Assistant Review Advisor FOI Case Management Branch Office of the Australian Information Commissioner 25 July 2025
Attachment A
Background to processing period
| Background | Processing period | Due date |
|---|---|---|
| FOI request made on 01 July 2025 | 30 days | 31 July 2025 |
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. * 01 June - 04 June: Application registered - Acknowledgment and EOT sought from applicant - Preliminary consultation commenced. 08 June - 15 June: Preliminary response received from the line area, progress email sent to applicant explaining the expected delays and seeking EOT - Initial draft decision letter drafted waiting for the relevant information.
What work is required to finalise the request? * When the data is made available in mid-august, we will need to bundle the documents and asses for any sensitivities and then finalise the decision letter.
Why is the request considered complex or voluminous? * This request is considered complex, as the information is currently not available until mid august, due to other reporting requirements.
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 * I have already created the preliminary decision to save time, i have confirmed with the line area that no scope negotiations will be required and confirmed the data will be provided in full. The estimated time required to complete this request is 3-7 business days from when the data is provided to our team in mid august.
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 .