Decision to decline an extension of time application under s 15AB of
the Freedom of Information Act 1982
Agency
Australian Prudential Regulation Authority
FOI applicant
ELCAP
Date of Decision
30 May 2024
OAIC reference number
RQ24/01935
Agency reference number
FOI 24-43
Decision
1.
I refer to the application made by Australian Prudential Regulation Authority (the
Agency) under s 15AB(1) of the
Freedom of Information Act 1982 (Cth) (FOI Act) for an
extension of time to process ELCAP’s (the FOI applicant) request of 30 April 2024 (the
FOI request).
2.
As a delegate of the Information Commissioner, I am authorised to make decisions on
extensions of time applications made under s 15AB(2) of the FOI Act.
3.
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 FOI
applicant’s request therefore remains due by 30 May 2024. My reasons are outlined
below.
Background
4.
On 30 April 2024, the FOI applicant made an FOI request to the Agency. The FOI
decision is due to be provided to the FOI applicant on 30 May 2024.
5.
On 22 May 2024, the Agency applied to the Information Commissioner for further time
to process the FOI applicant’s request under s 15AB(1) of the FOI Act, on the basis that
the processing period is insufficient to adequately deal with the FOI request, because
it is complex and/or voluminous. A copy of the Agency’s reasons is included at
Attachment A.
1300 363 992
T +61 2 9284 9749
GPO Box 5218
www.oaic.gov.au
oaic.gov.au/enquiry
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
Reasons for decision
6.
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.
7.
In declining to extend the processing period under s 15AB(2), I have considered the
following factors:
•
Guidelines issued by the Australian Information Commissioner under s 93A of the
FOI Act, to which I must have regard, in particular [3.150] – [3.155]
•
the Agency’s reasons for seeking an extension
•
whether an agreement to extend the processing period under s 15AA of the FOI
Act has first been attempted or obtained by the Agency
•
the work already undertaken, and still required, to finalise the request.
8.
On the information before the OAIC, I am not satisfied that the application to extend
the processing period is justified, for the following reasons:
• On the basis of the very limited information provided by the Agency in the
extension application, the FOI applicant’s request does not appear particularly
complex or voluminous. There is also limited evidence of any technical or practical
challenges involved in the processing of the request.
9.
In declining this extension, I have also considered the limited available evidence of
work undertaken by the Agency to process the FOI request to date and limited
explanation as to the steps involved, and processing time required, to finalise the
request.
10. The Agency must provide the FOI applicant with a decision by 30 May 2024.
11. If the Agency does not provide the FOI applicant a decision by 30 May 2024, the FOI
applicant may seek review by the Information Commissioner of the Agency’s deemed
access refusal decision of 30 May 2024. Further information
on applying for IC review is
available on the OA
IC 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.
12. This extension of time matter is now closed. Your review rights are set out below.
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13. If you wish to discuss this matter, please contact us by email a
t xxxxx@xxxx.xxx.xx
quoting reference number RQ24/01935.
Yours sincerely
Sarah Forrester
Assistant Director
Freedom of Information Branch
Office of the Australian Information Commissioner
30 May 2024
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Attachment A
The agency’s reasons for requesting an extension of time, as included in the extension
of time request form.
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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/your-freedom-of-information-
rights/freedom-of-information-complaints/make-an-foi-complaint .
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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 .
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