Our ref: CMTEDD FOI 2023‐329
Karen
via email: foi+request‐10683‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Karen
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
13 September 2023. Specifically, you have sought access to the following information:
1. Total number of rectification orders issued to builders each year;
2. Total number of rectification orders issued to nominees each year;
3. Total number of rectification orders issued to Construction companies and/or
partnerships/other in each year;
4. Total number of builders who have become insolvent and/or initiated or declared
bankruptcy within said date range;
5. Total number of nominees in the ACT who have become insolvent and/or initiated or
declared bankruptcy within said date range;
6. Total number of Construction companies and/or partnerships/other licensed in the ACT
who have become insolvent and/or initiated or declared bankruptcy within said date
range;
7. Total number of building licenses issued each year;
8. Total number of building licenses suspended each year;
9. Total number of building licenses cancelled each year.
Authority
As an appointed Information Officer under section 18 of the Act, I am authorised to make
a decision on access or amendment to government information in the possession or
control of CMTEDD.
Timeframes
In accordance with section 40 of the Act, CMTEDD was required to provide a decision
within 30 working days. A decision and response are due on
26 October 2023.
Decision on access
Searches were completed for relevant information and the business area has generated a
written response, specifically addressing each section of your application. I have decided
to grant
full access to the material within scope. The information being released to you is
provided at
Attachment A.
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
In accordance with section 54(2) of the Act a statement of reasons outlining my decisions is below.
Statement of Reasons
As a decision maker, I am required to determine whether the information within scope is in
the public interest to release. To make this decision, I am required to:
assess whether the information would be contrary to public interest to disclose as
per Schedule 1 of the Act, and
perform the public interest test as set out in section 17 of the Act by balancing the
factors favouring disclosure and factors favouring non‐disclosure in Schedule 2.
I did not identify any Schedule 1 provisions as relevant to this request.
The public interest information
under schedule 2 of the Act The Act has a presumption in favour of disclosure. As a decision maker I am required to
decide where, on balance, public interest lies. As part of this process, I must consider
factors favouring disclosure and non‐disclosure.
Taking into consideration the information found to be within the scope of your request, I
have identified that the following public interest factors are relevant to determine if
release of the information contained within these documents is within the ‘public interest’.
Factors favouring disclosure in the public interest:
(a) disclosure of the information could reasonably be expected to do any of the following:
(ii) contribute to positive and informed debate on important issues or matters
of public interest.
I have placed substantial weight on the above factor favouring disclosure. It is reasonable
to expect that information about this topic may be of interest to others within the
Canberra community and contribute to informed debate about issues of interest.
I did not identify any factor favouring nondisclosure and have decided to release this
information to you in full.
Charges
Processing charges are not applicable for this request because the number of pages
released to you is below the charging threshold of 50.
Online publishing – Disclosure Log
Under section 28 of the Act, CMTEDD maintains an online record of access applications
called a disclosure log. Your original access application and my decision will be published
on the CMTEDD disclosure log. Your personal contact details will not be published. You
may view CMTEDD disclosure log at
https://www.cmtedd.act.gov.au/functions/foi/disclosure‐log‐2023
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
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 on the 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 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
6207 7754 or email xxxxxxxxx@xxx.xxx.xx.
Yours sincerely,
Emma Hotham
Information Officer
Chief Minister, Treasury and Economic Development Directorate
10 October 2023
Chief Minister, Treasury and Economic Development
GPO Box 158 Canberra ACT 2601 | phone: 6207 7754 | www.act.gov.au
