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:
Philip Sweeney
Decision-maker:
Ben Carruthers, an authorised officer of the Australian
Prudential Regulation Authority (
APRA) for the purposes of
section 23(1) of the FOI Act.
Relevant
Request for documents where the Chairman of APRA or any
documents:
other APRA officer has disclosed a serious indictable offence
involving a major financial institution with a registered
office in New South Wales to the Australian Federal Police.
My decision:
Refuse access, under section 24A(1)(b)(ii) of the FOI Act, to
the document specified in the Applicant’s request because
the document does not exist.
MATERIAL FACTS
1.
I refer to your email dated 16 April 2017, in which you sought access under the FOI
Act to:
“The document or documents I seek are copies of any disclosure document where the
Chairman of APRA, or any other APRA officer, has brought information concerning any
serious indictable offence involving a major financial institution with a registered
office in NSW to the attention of a member of the Australian Federal Police.
The search period is 1 July 2016 to the present.”
(your
FOI Request).
2.
By email dated 19 April 2017, APRA acknowledged receipt of your FOI Request.
EVIDENCE AND MATERIAL RELIED ON
3.
In making my decision, I have relied on the following evidence and material:
a)
the Applicant’s FOI Request received by APRA on 16 April 2017;
b)
acknowledgment email from FOI Officer to the Applicant dated 19 April 2017;
c)
email correspondence between Senior Manager, Legal and Senior Manager,
Resolution and Enforcement on 26 April 2017;
d)
email correspondence between Paralegal, Legal and Manager Enforcement
Central, Resolution and Enforcement on 2 May 2017;
e)
relevant sections of the
Australian Prudential Regulation Authority Act 1998 (Cth) (
APRA Act)
;
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f)
relevant sections of the FOI Act; and
g)
guidelines issued by the Office of the Australian Information Commissioner to
date (
FOI Guidelines).
REASONS FOR DECISION
4.
APRA has conducted all reasonable searches of its records to identify document(s)
relevant to your request. However these searches have not identified any relevant
documents.
5.
Based on the information before me, I am satisfied that the requested documents do
not exist. Accordingly, I have refused access under section 24A(1)(b(ii) of the FOI
Act. An extract of section 24A of the FOI Act is attached for your information.
ADVICE TO APPLICANT AS TO RIGHTS OF REVIEW Application for Internal Review of Decision
6.
Pursuant to 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 will be appointed to conduct a review and make a fresh
decision on the merits of the case.
7.
Pursuant to 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.
8.
You do not have to pay any other fees or processing charges for an internal review,
except for providing access to further material in the document released as a result
of the review (for example, photocopying, inspection, etc).
9.
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.
10. Application for an 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
Facsimile:
(02) 9210 3411
11. 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
12. Pursuant to 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.
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13. 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.
14. An application for review by the Information Commissioner should be sent:
Onlin
e: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Fax: +61 2 9284 9666
Email
: xxxxxxxxx@xxxx.xxx.xx
In person:
Level 3, 175 Pitt St
Sydney, NSW
Application for review by Administrative Appeals Tribunal
15. 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 that
decision by the AAT.
16. 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 1300 366 700.
Complaints to the Information Commissioner
17. You may complain to the Commissioner concerning action taken by this agency in the
exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. The Commissioner will conduct an independent investigation
of your complaint.
18. You may complain to the Commissioner either orally or in writing, by any of the
methods outlined above, or by telephone, on 1300 363 992.
Ben Carruthers
FOI Officer
Australian Prudential Regulation Authority
Date: 2 May 2017
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FREEDOM OF INFORMATION ACT 1982 (CTH)
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.
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