Decision to decline an extension of time under
s 15AC of the
Freedom of Information Act 1982
Agency
Department of Home Affairs
Applicant
Cyber Sceptic
Date of decision
25 September 2024
OAIC reference number
RQ24/03916
Agency reference number
FA 24/07/01802
Decision
1. On 18 September 2024, the Department of Home Affairs (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 30 days to 26 September 2024 to process Cyber
Sceptic’s (the Applicant) request of 28 July 2024 (the FOI request). This application was
made on the basis that the processing period is insufficient to adequately deal with the
FOI request.
2. I am 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.
3. On the basis of the information before me, I have decided to decline the Agency’s
request for further time to deal with the request. A decision on the Applicant’s request
therefore was due by 27 August 2024. The Agency is encouraged, in the interest of
administrative efficiency, to continue to process the request and release documents
administratively if the Applicant has not yet applied for IC review of the deemed
decision. My reasons are outlined below.
Background
4. A copy of the Agency’s reasons for seeking an extension are included at
Attachment A.
Reasons for decision
5. Subsection 15AC(5) of the FOI Act provides that I may allow further time that I consider
appropriate for an agency or Minister to deal with the request.
6. 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].
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7. On the information before the OAIC, I am not satisfied that the application for further
time is justified, for the following reasons:
• The application provides limited evidence of appropriate work being undertaken
by the Agency to process the FOI request to date. A timeline setting out the
steps taken to process the FOI request and work already completed was not
provided. As such, it appears the Agency did not utilise the initial processing
period effectively and I cannot find that an extension is justified.
8. The effect of this decision is that the Agency remains deemed to have made an access
refusal decision on the Applicant’s request on
27 August 2024.
9. 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 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 extension under
s 15AC of the FOI Act means that charges cannot be imposed and therefore any deposit
the applicant has paid should be refunded.
10. It is open to the Applicant to seek Information Commissioner review (IC review) of the
Agency’s deemed access refusal decision of
27 August 2024. Further information on
applying for IC review is available on the OAI
C website. Any application for IC review
would need to be made within 60 days of the Agency’s decision or deemed decision.
11. For further information, the OAIC website provides a resource containing information
on applying for an extensions of time to process freedom of information requests.
12. This extension of time matter is now closed. Your review rights are set out below.
13. If you would like to discuss this matter, please contact our office by email at
xxxxx@xxxx.xxx.xx, quoting reference number RQ24/03916.
Regards
A De Ieso
Andriana De Ieso
Review Adviser
Office of the Australian Information Commissioner
25 September 2024
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Attachment B
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 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 th
e 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 a
t http://www.ombudsman.gov.au .
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