Decision to grant an extension of time under s 15AB of the
Freedom of Information Act 1982
Agency
Department of Foreign Affairs and Trade
FOI applicant
Tyler
Date of decision
6 January 2025
OAIC reference number
RQ24/05873
Agency reference number
LEX 11702
Decision
1.
On 18 December 2024, Department of Foreign Affairs and Trade (the Department)
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 23 January 2025 to process ’s
(the FOI applicant) request of 28 October 2024 (the FOI request).
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 23 January 2025. My reasons are outlined below.
Background
4.
On 28 October 2024, the FOI applicant made an FOI request to the Department. The FOI
decision was due to be provided to the FOI applicant on 27 November 2024.
5.
On 16 November 2024, the Department obtained an agreement from the FOI applicant
under s 15AA of the FOI Act. The FOI decision became due on 11 December 2024.
6.
On 29 November 2024, the Department obtained an agreement from the FOI applicant
under s 15AA of the FOI Act. The FOI decision became due on 18 December 2024.
7.
On 13 December 2024, the Department obtained an agreement from the FOI applicant
under s 15AA of the FOI Act. The FOI decision became due on 24 December 2024.
8.
On 18 December 2024, the Department 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/or voluminous. A copy of the Department’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
9.
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.
10.
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 scope of the FOI request
the Department’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 Department
the work already undertaken, and still required, to finalise the request.
11.
On the information before the OAIC, I am satisfied that an extension to the processing
period until
23 January 2025 is justified, for the following reasons:
Based on the scope of the FOI applicant’s request and the Department’s
submissions, I am satisfied that the request is complex, based on the sensitive nature
of the documents requested, the jurisdictional challenges involved in the search and
retrieval of any relevant documents, the involvement of multiple foreign
governments and the requirement to obtain subject matter expertise from relevant
business line areas in relation to any potential sensitivities involved.
12.
In granting this extension, I have also considered the work already undertaken by the
Department to finalise the request, measures taken by the Department to ensure a decision
is made within the extended time period, steps taken by the Department to first obtain a
15AA agreement from the FOI applicant and steps taken by the Department to keep the
FOI applicant informed of progress.
13.
The Department must provide the FOI applicant with a decision by
23 January 2025.
14.
If the Department does not provide the FOI applicant a decision by
23 January 2025, the
FOI applicant may seek review by the Information Commissioner of the Department’s
deemed access refusal decision of 23 January 2025. 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 Department’s decision or deemed ‘decision. It also remains
open to the Department to apply for a further extension of time from the Information
Commissioner if considered appropriate.
15.
This extension of time matter is now closed. Your review rights are set out below.
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16.
If you would like to discuss this matter, please contact our office by email at
xxxxx@xxxx.xxx.xx, quoting reference number RQ24/05873.
Yours sincerely
Review Adviser
Freedom of Information
Office of the Australian Information Commissioner
6 January 2025
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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 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 .
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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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