Decision to grant an extension of time under s 15AB of the
Freedom of Information Act 1982
Agency
National Disability Insurance Agency
FOI applicant
Mr Bob Buckley
Date of decision
20 November 2024
OAIC reference number
RQ24/04915
Agency reference number
FOI 24/25-0332
Decision
1.
On 11 November 2024, National Disability Insurance Agency (the Agency) applied to
the Information Commissioner under s 15AB(1) of the
Freedom of Information Act 1982 (Cth) (FOI Act) for an extension of 30 days to 10 December 2024 to process Mr Bob
Buckley’s (the FOI applicant) request of 11 September 2024 (the FOI request).
2.
I note the application for an extension of 30 days highlighted that the new due date
following a successful s 15AB extension of time would be 11 December 2024. However,
the FOI applicant’s agreement to an extension of time under s 15AA of the FOI Act was
for 30 days to Sunday, 10 November 2024, not Monday, 11 November 2024, as stated
by the Agency in their correspondence to the FOI applicant. Noting that this new due
date fell on a Sunday, s 36(2) of the
Acts Interpretation Act 1901 (Cth) allows a thing to
be done on the next day that is not a Saturday, a Sunday or a holiday. This extends to
providing a decision or making an application for an extension of time under the FOI
Act. However, this does not provide an additional day to the official processing period.
As such the s 15AA extension of time brought the processing period to Sunday, 10
November 2024. If an additional 30 days is to be granted in this application, the new
processing period would end on Tuesday, 10 December 2024.
3.
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.
4.
Under s 15AB(2) of the FOI Act, I have decided to extend the processing period by 30
days to
10 December 2024. My reasons are outlined below.
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
Background
5.
On 11 September 2024, the FOI applicant made an FOI request to the Agency. The FOI
decision was due to be provided to the FOI applicant on 11 October 2024.
6.
On 27 September 2024, the FOI applicant agreed to an extension of 30 days to 10
November 2024 under s 15AA of the FOI Act.
7.
On 11 November 2024, the Agency applied to the Information Commissioner for
further time to process the FOI applicant’s request under s 15AB(1) on the basis that
the processing period is insufficient to adequately deal with the FOI request, because
it is complex and voluminous. A copy of the Agency’s reasons is included at
Attachment A.
Reasons for decision
8.
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.
9.
In granting this extension of time 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
10. On the information before the OAIC, I am satisfied that an extension to the processing
period until
10 December 2024 is justified, for the following reasons:
•
Based on the Agency’s submissions, I am satisfied that the request is complex,
based on the range of documents captured by the request and the difficulties
incurred in obtaining timely responses from multiple business areas.
•
Based on the Agency’s submissions that the FOI applicant’s request captures
approximately 1,746 pages, I am satisfied the request is also voluminous in
nature.
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11. In granting this extension, I have also considered the work already undertaken by the
Agency to finalise the request and the steps taken by the Agency to first obtain a 15AA
agreement from the FOI applicant.
12. The Agency must provide the FOI applicant with a decision by
10 December 2024.
13. If the Agency does not provide the FOI applicant a decision
by 10 December 2024 the
FOI applicant may seek review by the Information Commissioner of the Agency’s
deemed access refusal decision of 10 December 2024.
14. 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.
15. It also remains open to the Agency to apply for a further extension of time from the
Information Commissioner if considered appropriate.
16. This extension of time matter is now closed. Your review rights are set out below.
17. If you would like to discuss this matter, please contact our office by email at
xxxxx@xxxx.xxx.xx, quoting reference number RQ24/04915.
Kind regards,
Claire Lynch
Assistant Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
20 November 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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5
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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 and Family Court of Australia 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 .
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
websit
e at http://www.ombudsman.gov.au
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