Decision to grant an extension of time under
s 54D of the
Freedom of Information Act 1982
Agency
Department of Health and Aged Care
Applicant
Health Anon
Date of decision
17 December 2024
OAIC reference number
RQ24/05633
Agency reference number
FOI 25-0019 IR
Decision
1. On 13 December 2024, the Department of Health and Aged Care (the Agency) applied to
the Information Commissioner under s 54D(3) of the
Freedom of Information Act 1982 (Cth) (FOI Act) for an extension of 30 days to 11 January 2025 to process Health Anon’s
(the Applicant) FOI internal review request of 12 November 2024 (the internal review
request).
2. The Applicant’s internal review request has been deemed as affirmed as a decision has
not been made by the Agency by 12 December 2024.
3. As a delegate of the Information Commissioner, I am authorised to make decisions on
applications for further time under s 54D(4) of the FOI Act.
4. Under s 54D(4) I have decided to grant the Agency further time to deal with the internal
review request to
10 January 2025. My reasons are outlined below.
5. By granting further time it is anticipated that the Agency will provide a well-reasoned
and better managed decision.
Background
6. The background to this application is summarised in
Attachment A.
7. A copy of the Agency’s reasons for seeking an extension are included at
Attachment B.
Reasons for decision
8. Subsection 54D(4) 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.
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link to page 2
9. In making my decision under s 54D(4), 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].
10. On the information before the OAIC, I am satisfied that the application for further time
until
10 January 2025 is justified, for the following reasons:
• Based on the Agency’s submissions, I am satisfied that the internal review
request involves some challenges for the Agency, based on the requirement to
consult with third parties.
• Granting this extension may avoid the need for the Applicant to lodge an
application for Information Commissioner review (IC review). As such, I consider
that granting this extension of time assists in facilitating and promoting the
objects of the FOI Act, as well as providing the Applicant with access to the full
review mechanisms available under the FOI Act, which would otherwise not be
available if the internal review decision remained a deemed affirmation of the
original decision
.1
• Granting this extension of time is expected to provide the internal review
Applicant with an internal review decision by the Agency by 11 January 2025,
which will be substantially sooner than a decision in an Information
Commissioner review (IC review).
• Granting this further time will also extend the timeframe for the Applicant to
apply for an IC review of the Agency’s internal review decision.
11. In granting this further time, I have also considered:
• The work already undertaken by the Agency to finalise the request.
12. The new due date for the Agency’s internal review decision is now
10 January 2025.
13. This further time granted under s 54D of the FOI Act means that the deemed affirmation
is taken never to have applied if the Agency makes a decision on the internal review
request by
10 January 2025. Such an extension can only be granted once and cannot
be extended by a variation.
14. If the Agency does not provide the Applicant a decision by
10 January 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 o
n 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 affirmation.
15. For further information, the OAIC website provides a resource containing information on
applying for an extensions of time to process freedom of information requests.
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 RQ24/05633.
1 According to the Revised Explanatory Memorandum to the Freedom of Information Amendment
(Reform) Bill 2010 (Cth) [p. 28]
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Yours sincerely
A De Ieso
Andriana De Ieso
Review Adviser
Office of the Australian Information Commissioner
17 December 2024
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Attachment A
Background to processing period
Background
Processing period
Due date
FOI internal review request made on
30 days
12 December 2024
12 November 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 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 a
t http://www.ombudsman.gov.au .
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