Decision to grant an extension of time under
s 15AB of the Freedom of Information Act 1982
Agency
Comcare
Applicant
James Smith
Decision date
12 September 2024
OAIC reference number
RQ24/03715
Agency reference number  2024/1448
Decision
1.  On «ReceivedDate», Comcare  ’s (the Agency) applied under s 15AB(1) the Freedom of
Information Act 1982 (Cth) (FOI Act) to the Information Commissioner for an extension
of 47 days to 31 October 2024  to process James Smith’s (the Applicant) request of 19
June 2024 (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
voluminous.
2.  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.
3.  Under s 15AB(2) of the FOI Act, I have decided to extend the processing period by 30
days to 14 October 2024. My reasons are outlined below.
4.  I note the Agency has requested an extension of time to 31 October 2024, however,
based on the information before the OAIC, I have decided to grant an extension to 14
October 2024. I am not satisfied that a 47 day extension of time is justified in the
circumstances based on the steps involved, or processing time required, to finalise the
request.
Background
5.  The background to this application is summarised in Attachment A.
6.  A copy of the Agency’s reasons for seeking an extension are included at Attachment B.

1
oaic.gov.au

Reasons for decision
7.  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.
8.  In making my decision under s 15AB(2), I have considered the information provided by
the Agency, [if relevant] the applicant’s views on the application, and the FOI Guidelines
issued by the Information Commissioner under s 93A of the FOI Act, in particular
paragraphs [3.150] – [3.157].
9.  On the information before the OAIC, I am satisfied that an extension to the processing
period until 14 October 2024 is justified on the basis of complexity and/or volume, 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
and difficulties incurred in obtaining timely responses from other relevant
commonwealth entities.
10.  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
11.  The Agency must provide the Applicant with a decision by 14 October 2024.
If the Agency does not provide the Applicant a decision by 14 October 2024 the
Applicant may seek review by the Information Commissioner of the Agency’s deemed
access refusal decision of 14 October 2024. 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.
12.  For further information, the OAIC website provides a resource containing information
on applying for an extensions of time to process freedom of information requests.
13.  This extension of time matter is now closed. Your review rights are set out below.

2
oaic.gov.au

14. If you would like to discuss this matter, please contact our office by email at
xxxxx@xxxx.xxx.xx, quoting reference number RQ24/03715.

Yours sincerely,

Hannah Holswilder
Director
Freedom of Information Branch
Office of the Australian Information Commissioner
12 September 2024

3
oaic.gov.au

Attachment A

Background to processing period
  Background
Processing period
Due date

FOI request made on
30 days
19 July 2024
19 June 2024

8 July 2024 - Third party
Extended by 30 days, under s
18 August 2024
consultation undertaken
15(6)
under
ss 26A, 27 or 27A
Suspension to processing
Suspended under
14 September 2024
period to allow for request
s 24AB(8)
consultation process


4
oaic.gov.au

Attachment B
The agency’s reasons for requesting an extension of time, as included in the extension of
time request form.

5
oaic.gov.au

6
oaic.gov.au

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 legal y correct. You can make this application under the Administrative Decisions
(Judicial Review) Act 1977.

The Court wil  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 fol owing a decision made under the FOI Act. Complaints usual y 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 wil  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 al  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 .

7
oaic.gov.au

Document Outline