Beale and Department of Corrective Services

Beale and Queensland Corrective Services
(210085, 30 January 2007)

Section 73(1)(d) – extension of time

The applicant sought an extension of time under section 73(1)(d) of the Freedom of Information Act 1992 (Qld) (FOI Act) in which to make an application for external review of a deemed affirmation of a decision of Queensland Corrective Services (QCS) to refuse to grant access to documents.  The application for external review was made more than eight months after the timeframe under section 73(1)(d) of the FOI Act had expired.

Assistant Commissioner Gittins applied the decision of Information Commissioner Albietz in Young and Workers’ Compensation Board of Qld (1994) 1 QAR 543 and found that although QCS would not suffer any substantial prejudice if the extension was granted, in view of the extent of the delay, the fact that the applicant had not provided an acceptable explanation for the delay, and the fact that the merits of the applicant’s substantive application for review were not strong, it was appropriate to refuse the application for extension of time.