MTL and Department of Families

Application number:
2001 S0199
Decision date:
Friday, Nov 30, 2001

MTL and Department of Families
(2001 S0199, 30 November 2001) 

The applicant sought review by the Information Commissioner of the Department's decision to refuse him access to the name of the person identified as his father on an Infant Life Protection form completed in 1943, two days after the applicant's birth.  The application for review was lodged approximately 15 months beyond the time limit prescribed in the FOI Act, and the applicant sought to have the Information Commissioner exercise the discretion conferred by s.73(1)(d) of the FOI Act to extend the time for lodging the application for review. 

Assistant Commissioner Shoyer found the application did not disclose a reasonably arguable case with reasonable prospects of success, because the material facts and relevant public interest considerations were materially indistinguishable from those in KBN and Department of Families, Youth and Community Care (1998) 4 QAR 422 (which the respondent had applied in refusing access to the matter in issue).  He declined to exercise the s.73(1)(d) discretion in favour of granting an extension of time to validate the late application for review.