The PPW Group Pty Ltd and Gold Coast City Council

The PPW Group Pty Ltd and Gold Coast City Council
(2005 F0782, 10 March 2006)

Extension of time – s.73(1)(d)

The applicant lodged an application for external review outside the 28 day time limit prescribed by s.73(1)(d) of the FOI Act.  (The time within which an applicant may lodge an application for external review was reduced from 60 days to 28 days by the May 2005 amendments to the FOI Act, with effect shortly before the Council's internal review decision was made, and the Council inadvertently misled the applicant as to the correct time limit.  The application for external review was however lodged outside even the previous 60 day time limit.) 

Assistant Commissioner Barker was not satisfied that the applicant had provided an acceptable reason for the delay but, applying the principles stated in Young and Workers' Compensation Board of Qld (1994) 1 QAR 543, also considered the merits of the substantive application. 

The applicant sought access to a copy of the Council's Building Certification Group register of persons considered competent to certify plans for kitchen exhaust ventilation systems.  The Council refused access to that matter.  On the material before her, AC Barker was not satisfied that the Council's reliance upon s.45(1)(b), s.45(1)(c), s.46(1)(a) or s.46(1)(b) of the FOI Act could be upheld, and exercised the discretion conferred by s.73(1)(d) to extend the time within the applicant could seek external review of the Council's decision.