Howie and Commission for Children and Young People and Child Guardian

Application number:
2005 F0005
Decision date:
Monday, Feb 14, 2005

Howie and Commission for Children and Young People and Child Guardian
 (2005 F0005, 14 February 2005)

 

Extension of time 

The applicant sought access to a document in the possession of the Commission which had been received from another agency.  The Commission failed to make a decision on access within the prescribed time and the applicant applied for external review.  The Commission requested an extension of time within which to make a decision, citing the extended absences of the delegated decision-maker, over a period of several months, and the need to consult third parties in accordance with s.51 of the FOI Act, as the reasons for the delay. 

The applicant opposed the Commission's application, contending that the application for an extension of time amounted to an 'abuse of process'; that the Commission should have anticipated his application (as a result of an earlier application by another applicant seeking access to the same document); that there was no reason to consult other parties and to do so amounted to 'corruption'; and that the document was defamatory and should be released to him immediately. 

DC Sorensen exercised his discretion to grant the respondent an extension of time, as it had delegated a new decision-maker and was consulting with relevant third parties.