Tregeagle and Gold Coast City Council
(2000 L0034, 18 October 2000)
This was an application under s.73(1)(d) of the FOI Act for the grant of an extension of time in which to lodge an application for external review. Applying the principles stated in Young and Workers' Compensation Board of Qld (1994) 1 QAR 543, the Deputy Information Commissioner found in relation to the key considerations that:
a) the extent of the delay (approximately 25 days) should not be accorded any substantial or decisive weight in telling against a favourable exercise of the discretion;
b) the Council would not be caused any substantial prejudice by an extension of time being granted;
c) the applicant had shown that he had a reasonably arguable case with reasonable prospects of success.
The merits of the substantive application for review were such that the Deputy Information Commissioner decided to exercise the discretion conferred by s.73(1)(d) of the FOI Act in favour of the applicant, notwithstanding the extent of the delay in applying for external review.