Our ref: CMTEDDFOI 2023-173
Mr John Smith
via email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
FREEDOM OF INFORMATION REQUEST
I refer to your application under section 30 of the
Freedom of Information Act 2016 (the
Act), received by the Chief Minister, Treasury and Economic Development Directorate
(CMTEDD) on 16 May 2023, in which you sought access to documents from the Asbestos
Regulators Forum. You requested:
“… the latest set of agenda papers that can be released presented to the ACT's
Asbestos Regulators Forum on the 1988 to 1993 Loose Asbestos Insulation Removal
Program.”
On 2 July 2023 an acknowledgment email was sent to you by CMTEDD, in which the scope
was defined as you specifically seeking:
“Agenda papers from the last forum held.
…the latest set of agenda papers that can be released presented to the ACT's
Asbestos Regulators Forum on the 1988 to 1993 Loose Asbestos Insulation Removal
Program.”
Authority
I am an Information Officer appointed by the Director-General under section 18 of the Act
to deal with access applications made under Part 5 of the Act.
Timeframes
In accordance with section 40 of the Act, CMTEDD was required to provide a decision on
your access application by 15 June 2023. CMTEDD requested a further extension of 20
working days, under section 41(3) of the Act to enable files to be retrieved from archives.
On 26 June 2023 you agreed to the extension, with a response due by 13 July 2023.
Decision on access
A search of CMTEDD records has failed to identify any documentation in relation to your
request. The search was conducted using the information you provided in your scope of
requested information. Searches included retrieving files from archives and reviewing
records held on the Asbestos Regulators Forum. There are no agenda papers on file for
the last recorded meeting.
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
I am satisfied that appropriate, extensive, searches were completed and that no
documents relevant to your request are held by CMTEDD.
Charges
Pursuant to
Freedom of Information (Fees) Determination 2017 (No 2) processing charges
are not applicable for this request because the total number folio’s to be released to you
is below the charging threshold of 50 pages.
Online publishing – Disclosure Log
Under section 28 of the Act, CMTEDD maintains an online record of access applications
called a disclosure log. A description of the access application and my decision will be
published in the CMTEDD disclosure log after 13 July 2023. Your personal contact details
will not be published.
You may view CMTEDD disclosure log
at https://www.cmtedd.act.gov.au/functions/foi.
Ombudsman Review
My decision on your access request is a reviewable decision as identified in Schedule 3 of
the Act. You have the right to seek Ombudsman review of this outcome under section 73
of the Act within 20 working days from the day that my decision is published in CMTEDD
disclosure log, or a longer period allowed by the Ombudsman.
We recommend using this form
Applying for an Ombudsman Review to ensure you
provide all of the required information. Alternatively, you may write to the Ombudsman
at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via email
: xxxxxx@xxxxxxxxx.xxx.xx
ACT Civil and Administrative Tribunal (ACAT) Review
Under section 84 of the Act, if a decision is made under section 82(1) on an Ombudsman
review, you may apply to the ACAT for review of the Ombudsman decision. Further
information may be obtained from the ACAT at:
ACT Civil and Administrative Tribunal
Allara House
15 Constitution Avenue
GPO Box 370
Canberra City ACT 2601
Telephone: (02) 6207 1740
http://www.acat.act.gov.au/
Should you have any queries in relation to your request please contact me by telephone
on 02 6207 7754 or email
xxxxxxxxx@xxx.xxx.xx.
Yours sincerely,
Emma Hotham
Information Officer
Information Access Team
Chief Minister, Treasury and Economic Development Directorate
10 July 2023
