Our reference: 16/140330
1 September 2016
Mr Phillip Sweeney
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sweeney,
Freedom of Information Request ACIC 16-18
I refer to your request for access under the
Freedom of Information Act 1982 (the FOI Act)
to:
A copy of a Deed of Variation dated 20 November 1974 that amends the provisions of an
occupational pension scheme established by a Trust Deed dated 23 December 1913 to add
Regulation 30A and where the original sponsoring employer was a company called Elder
Smith & Co Ltd.
Your request was received by the ACIC on Saturday 13 August 2016. An acknowledgment letter was
sent to you on 15 August informing you that a decision was due to be made in relation to this
request by
Monday 12 September 2016.
This is a decision made under the FOI Act in relation to a document within the scope of that request.
Authority and materials considered
I am authorised under section 23 of the FOI Act to make a decision concerning the information you
have requested access to.
In reaching my decision I have taken into consideration:
the relevant provisions of the FOI Act;
the contents of the relevant document;
relevant guidelines issued by the Office of the Australian Information Commissioner; and
relevant Tribunal and Federal Court decisions concerning the operation of the FOI Act.
Decision
I have identified one document as being within the scope of your request. Details of the document
are set out at Annexure A. I have decided to release the document to you in full.
Discovering threats,
supporting law enforcement,
protecting Australia.
Disclosure Log
Section 11C of the FOI Act provides that information about any documents released under that Act
must be published on the ACIC’s website within 10 days of release, subject to the exemptions set out
in section 11C(1)(a)-(d).
Your review rights
If you are dissatisfied with this decision you can apply for internal review or review by the
Information Commissioner. You do not have to apply for internal review before seeking the
Information Commissioner’s review.
Internal review
You may seek internal review by making an application in writing to the ACIC within 30 days of being
notified of this decision. A written application for a review should be sent to the FOI Coordinator at
xxx@xxxx.xxx.xx, or by post to:
FOI Coordinator
Australian Criminal Intelligence Commission
GPO Box 1936
Canberra ACT 2601
Information Commissioner review
Alternatively, you may apply in writing for review by the Information Commissioner. In making your
application you need to provide:
- an address for notices to be sent (this can be an email address)
- a copy of this decision.
It would also help if you set out the reasons for review in your application. Requests for review must
be in writing and can be made via the website (www.oaic.gov.au), by email at xxxxxxxxx@xxxx.xxx.xx,
or by post at:
Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
If you are objecting to a decision to refuse access to documents you must apply to the Information
Commissioner within 60 days of being given notice of the decision. You can contact the Information
Commissioner by phone on 1300 363 992.
Right to complain
You may make a complaint to the Information Commissioner about action taken by the ACIC in
relation to your application. The complaint needs to be in writing and identify the agency against
which the complaint is made.
2
Australian Criminal Intelligence Commission
The Information Commissioner may be contacted on 1300 363 992. There is no particular form
required to make a complaint, but the complaint should set out the grounds on which you consider
the action should be investigated.
Yours sincerely,
Shelby Simadas
FOI Coordinator
3
Australian Criminal Intelligence Commission
Annexure A - Schedule of documents – Freedom of Information Request no. [16-18]
Document
Date
Size
Description
Decision on access
Exemption
no.
20 July
15 Pages
Attachment to correspondence from Mr Sweeney to
Released in full
N/A
1
2016
the ACIC
