Our Reference: 42403/15
18 November 2015
Mr Phillip Sweeney
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Sweeney
Request under the Freedom of Information Act 1982
for access to documents
I refer to your request under the
Freedom of Information Act 1982 (
FOI Act),
received by ASIC on 6 November 2015, for access to the following:
"... a copy of any apology that Mr Hackett has sent to the Widows who have not
received their survivorship pensions, due to his misrepresentation of the "Jarrett
Deed" being the genuine Trust Deed of one of Australia's oldest pension funds".
I am an authorised decision-maker for the purposes of section 23 of the FOI Act.
Decision
I advise that your request is refused under section 24A of the FOI Act, as the documents
you have requested as described above do not exist.
I advise that our searches of ASIC’s databases did not turn up any documents that
were sent by Mr Greg Hackett in respect of the matter you outlined, and therefore
there are no documents that fall within the scope of your request.
Section 24A – Requests may be refused if documents cannot be found, do not exist or
have not been received
Section 24A of the FOI Act provides that requests may be refused if documents cannot be
found, do not exist or have not been received.
Section 24A states:
(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
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18 November 2015
(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.
Review Rights
I provide you with the following information as required by section 26 of the FOI Act.
If you are dissatisfied with the decision:
1. You may, within 30 days after the day on which you have been notified of this
decision, apply in writing to ASIC for a review of my decision by another ASIC
officer under section 54B of the FOI Act. This request should be addressed to me
or to the Senior Manager, Administrative Law GPO Box 9827 MELBOURNE
VIC 3001 or by email t
o xxxxxxxxxx@xxxx.xxx.xx.
2. You may apply in writing to the Australian Information Commissioner for a
review of my decision under section 54N of the FOI Act. Correspondence should
be addressed to the Office of the Australian Information Commissioner at: GPO
Box 2999 Canberra ACT 2601 OR GPO Box 5218 Sydney NSW 2001.
3. You may lodge a complaint with the Commonwealth Ombudsman about ASIC’s
handling of the FOI request, the FOI decision, or the review of the FOI decision.
To do so, you can contact the Ombudsman’s office either: by e-mail to
xxxxxxxxx@xxxxxxxxx.xxx.xx, by letter to GPO Box 442 Canberra ACT 2601,
or by fax to (02) 6276 0123.
If you have any questions in relation to this letter please contact me on 03 9280 4638
or e
mail xxxxxx.xxx@xxxx.xxx.xx. Yours sincerely
Lauren Roy
(Authorised decision-maker under subsection 23(1) of the FOI Act)
For the Australian Securities and Investments Commission
