Daglish and Department of Natural Resources and Water

Application number:
210094
Decision date:
Wednesday, Jan 24, 2007

Daglish and Department of Natural Resources and Water
(210094, 24 January 2007)

s. 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 an internal review decision of the Department of Natural Resources and Water (DNRW) to refuse to grant access to documents.  The application for external review was made 13 days 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 DNRW would not suffer any substantial prejudice if the extension was granted, given 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.