FOI 24-12
15 September 2023
P.C Sweeney
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sweeney,
NOTICE OF DECISION MADE UNDER SECTION 23 OF THE FREEDOM OF
INFORMATION ACT 1982 (CTH) (FOI ACT) WITH REASONS FOR DECISION PROVIDED
UNDER SECTION 26
Applicant:
P.C Sweeney
Decision-maker:
Gurveen (person number 101047), an authorised officer of
the Australian Prudential Regulation Authority (
APRA) for the
purposes of subsection 23(1) of the FOI Act.
FOI request:
‘The document or documents I seek is/are any
correspondence from AFCA to APRA that makes mention of
NULIS Nominees (Aust) Ltd not having possession of a
counterpart of the original Trust Deed (or an executed copy)
made on 23 December 1913. The correspondence may or
may not make mention of the refusal of NULIS to given an
undertaking to the Federal Court to seek a Court Order to
reinstate the terms of the original Trust Deed based on
extrinsic evidence held by the Attorney-General’s Department
of South Australia.
The search period is from 20 May 2021.’
(
FOI request)
My decision:
Refuse access to the relevant document(s) based on the
reasons outlined in this Notice of Decision.
MATERIAL FACTS
1.
On 17 August 2023, you made the FOI request by email under the FOI Act.
2.
On 21 August 2023, APRA acknowledged receipt of the request by email.
EVIDENCE AND MATERIAL RELIED ON
3.
In making my decision, I have relied on the following evidence and material:
a.
the Applicant’s request received by APRA on 17 August 2023;
b.
acknowledgment email from FOI Officer to the Applicant dated 21 August 2023;
c.
internal APRA email correspondence 17 August to 15 September 2023;
d.
relevant sections of the FOI Act; and
e.
guidelines issued by the Office of the Australian Information Commissioner to date
(
FOI Guidelines).
4.
APRA has conducted all reasonable searches of its records in order to identify the
documents relevant to your FOI request (
relevant documents).
REASONS
5.
I have decided to refuse access to the relevant document(s). My reason for the refusal
is as follows.
Documents cannot be found, do not exist or have not been received
6.
APRA has taken all reasonable steps to locate the documents relevant to the request
and I have concluded that the documents cannot be found, do not exist or have not been
received for this matter. Accordingly, I refuse the FOI request for access to the
documents under section 24A of the FOI Act.
RIGHTS OF REVIEW
Application for Internal Review of decision
7.
Under section 54 of the FOI Act, you have the right to apply for an internal review of the
decision if you disagree with my decision. If you make an application for review, another
officer of APRA wil be appointed to conduct the review and make a fresh decision on
the merits of the case.
8.
Under section 54B of the FOI Act, you must apply in writing for a review of the decision
within 30 days after the day the decision has been notified to you.
9.
You do not have to pay any other fees or processing charges for an internal review,
except fees and charges applicable for providing access to further material, if any, in the
document released as a result of the review (for example, photocopying, inspection,
etc).
10. No particular form is required to apply for review, although it is desirable (but not
essential) to set out in the application, the grounds on which you consider that the
decision should be reviewed.
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
2
11. An application for internal review of the decision should be addressed to:
FOI Officer
Australian Prudential Regulation Authority
GPO Box 9836
Sydney NSW 2001
Telephone: (02) 9210 3000
Email: xxx@xxxx.xxx.xx
12. If you make an application for internal review and we do not make a decision within 30
days of receiving the application, the agency is deemed to have affirmed the original
decision. However, under section 54D of the FOI Act, APRA may apply, in writing to the
Information Commissioner for further time to consider the internal review.
Application for review by Information Commissioner
13. Under section 54L of the FOI Act, you have the right to apply to the Information
Commissioner for a review of the original decision or a review of a decision made on
review.
14. Any application must be in writing and must give details of an address where notices
may be sent and include a copy of the original decision or the decision made on internal
review.
15. An application for review by the Information Commissioner may be lodged with one of
the following:
Online
Complete and lodge the online review form at:
https://www.oaic.gov.au/freedom-of-information/reviews-
and-complaints/information-commissioner-review/
Post
Director of FOI Dispute Resolution
GPO Box 5218, Sydney NSW 2001
Email
xxxxx@xxxx.xxx.xx
Facsimile
(02) 9284 9666
Delivered in person Office of the Australian Information Commissioner
Level 3, 175 Pitt Street
Sydney NSW 2000
Application for review by Administrative Appeals Tribunal
16. If the decision on review by the Information Commissioner is not to grant access to all
of the documents within your request, you would be entitled to seek review of the
Information Commissioner’s decision by the Administrative Appeals Tribunal (
AAT).
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
3
17. The AAT is an independent review body with the power to make a fresh decision. An
application to the AAT for a review of an FOI decision does not attract a fee. The AAT
cannot award costs either in your favour or against you, although it may in some
circumstances recommend payment by the Attorney-General of some or all of your
costs. Further information is available from the AAT on 1800 228 333.
Complaints to the Information Commissioner
18. You may complain to the Information Commissioner concerning action taken by APRA
in the exercise of powers or the performance of functions under the FOI Act. There is no
fee for making a complaint. The Information Commissioner wil conduct an independent
investigation of your complaint.
19. You may complain to the Information Commissioner either orally or in writing, by any of
the methods outlined above, or by telephone, on 1300 363 992.
Gurveen (person number 101047)
FOI Officer
Australian Prudential Regulation Authority
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
4
FREEDOM OF INFORMATION ACT 1982
24A Requests may be refused if documents cannot be found, do not exist or have not
been received
Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
Document not received as required by contract
(2) An agency may refuse a request for access to a document if:
(a) in order to comply with section 6C, the agency has taken contractual
measures to ensure that it receives the document; and
(b) the agency has not received the document; and
(c) the agency has taken all reasonable steps to receive the document in
accordance with those contractual measures.
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
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Document Outline
