Australian Government Office of the Australian Information Commissioner

Decision to grant an extension of time under s 15AC of the Freedom of Information Act 1982


Agency	National Disability Insurance Agency
Applicant	Mr David Wright
Date of decision	9 September 2025
OAIC reference number	RQ25/05201
Agency reference number	FOI 25/26-0004

Decision

On 4 September 2025, the National Disability Insurance Agency (the Agency) applied to the Information Commissioner under s 15AC(4) of the Freedom of Information Act 1982 (Cth) (FOI Act) for an extension of 11 days to 10 September 2025 to process Mr David Wright’s (the Applicant) request of 1 July 2025 (the FOI request). This application was made on the basis that the processing period is insufficient to adequately deal with the FOI request.
As a delegate of the Information Commissioner, I am authorised to make decisions on applications for further time under s 15AC(5) of the FOI Act.
Under s 15AC(5) I have decided to grant the Agency further time to deal with the request to 10 September 2025. My reasons are outlined below.

Background

The background to this application is summarised in Attachment A.
A copy of the Agency’s reasons for seeking an extension are included at Attachment B.

Reasons for decision

Subsection 15AC(5) of the FOI Act provides that I may allow further time that I consider appropriate for the agency or Minister to deal with the request.
In making my decision under s 15AC(5), 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].
On the information before the OAIC, I am satisfied that the application for further time until 10 September 2025 is justified, for the following reasons:

Based on the Agency’s submissions, I am satisfied that the request involves some challenges for the Agency, based on the range of documents captured by the request and challenges involved in the search and retrieval of any relevant documents.
The further time sought by the Agency does not appear to be excessive in the circumstances.
Granting this further time will also reinstate the Applicant’s right to seek an internal review of the Agency’s decision, and to extend the timeframe for the Applicant to apply for an IC review of the Agency’s decision.

In granting this further time, I have also considered:

The work already undertaken by the Agency to finalise the request.
Steps taken by the Agency to first request a s 15AA agreement from the Applicant.
Steps taken by the Agency to keep the Applicant informed of progress.

The new due date for the Agency’s decision on the FOI request is now 10 September 2025.
This further time granted under s 15AC of the FOI Act means that the deemed refusal is taken never to have applied if the Agency makes a decision on the request by 10 September 2025. Such an extension can only be granted once and cannot be extended by a variation.
I note that the Freedom of Information (Charges) Regulations 2019 provides if an applicant is not notified of a decision on a request within the statutory time limit (including any extension of time), the agency or Minister cannot impose a charge for providing access, even if the applicant was earlier notified that a charge was payable (regs 7(2), (3)). This further time granted under s 15AC of the FOI Act means that charges cannot be reimposed and any deposit the Applicant has paid should be refunded.
If the Agency does not provide the Applicant a decision by 10 September 2025, or the Applicant disagrees with a decision from the Agency, it will be open to the Applicant to seek Information Commissioner review (IC review). 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.
For further information, the OAIC website provides a resource containing information on applying for an extensions of time to process freedom of information requests.
This extension of time matter is now closed. Your review rights are set out below.
If you would like to discuss this matter, please contact our office by email at FOIDR@oaic.gov.au, quoting reference number RQ25/05199.

Yours sincerely

A De Ieso

Andriana De Ieso Review Adviser Office of the Australian Information Commissioner 9 September 2025

Attachment A

Background to processing period

Background	Processing period	Due date
FOI request made on 1 July 2025	30 days	31 July 2025
Applicant’s agreement to extend the processing period under s 15AA	Extended by 30 days	30 August 2025

Attachment B

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. * Request was received on 1 July and underwent initial assessment and preliminary enquiries on 3 July. On 18 July request was allocated to a decision maker for processing. On 21 July further search consults were conducted with relevant line areas and the applicant was contacted regarding a s15AA extension of time. On 24 July the applicant agreed to an extension of time under s15AA. Further discussions with the relevant business units continued. Review of results of search consults was completed and a refusal under s24A was considered. At the final stage of clearance prior to release, further advice was provided with relation to the availability of the requested information and the timeframe elapsed before full consideration could be given to the new information received.

What work is required to finalise the request? * We are currently working to determine whether a document can be created under s17 in either full or part satisfaction of the request, and whether it is reasonably practicable to do so. We anticipate it will take a week to complete this process as we are liaising with several internal stakeholders at the SES level.

Please describe the scope and complexity of the request. Please provide the number of documents at issue and the number of folios, as well as any complexity in the nature of those document * The request relates to ART matters and a breakdown of costs and time spent based on matters that went to hearing. This information does not exist in discrete document form, although we now believe it may be satisfied in part by the creation of a document under s17. Initial advice from the relevant business unit was provided that required we reconsider whether s24A still applied.

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

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 .