GPO Box 9827
In your capital city
15 August 2017
Mr Phillip Sweeney By email:
Dear Mr Sweeney
Request Under the Freedom of Information Act 1982
For Access to Documents
I refer to your email of 16 July 2017
(your FOI request
) received by this office on
16 July 2017 in which you sought access under the Freedom of Information Act 1982
) to documents in the possession of the Australian Securities and
Investments Commission (ASIC
Your FOI request stated, inter alia:
This Freedom of Information request is to determine if ASIC currently has possession of
a copy of a Trust Deed for an occupational pension scheme dated 23 December 1913
that is recited in the Elder Smith & Co Limited Provident Funds Act 1963 (SA).
I have taken the above to be the reasons for your request and your request to be for: a Trust Deed for an occupational pension scheme dated 23 December 1913 that is
recited in the Elder Smith & Co Limited Provident Funds Act 1963 (SA).
I am the authorised decision-maker for the purposes of section 23 of the FOI Act.
The right to access documents pursuant to section 11 of the FOI Act refers to a
'document of an agency'. Section 4 of the FOI Act defines a document as a 'document
of an agency' if:
(a) the document is in the possession of the agency, whether created in the
agency or received in the agency; or
(b) in order to comply with section 6C, the agency has taken contractual
measures to ensure that it receives the document.
You advise that the document is dated 23 December 1913 and is a Trust Deed for an
occupational pension scheme. It is not a document created by, or required to be
lodged with, ASIC. Section 6C of the Act relates to Commonwealth contracts and is
not relevant to your FOI request.
Section 24A(1) of the FOI Act relevantly states:
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:
(ii) does not exist.
In making my decision, I have undertaken searches of ASIC's internal databases
(current and past file and record management systems), ASIC registers and made
enquiries with relevant staff. I am satisfied that all reasonable steps have been taken to
locate documents relevant to your FOI request. Based on these enquiries and the
information before me, I am satisfied that ASIC does not have the document or the
document does not exist.
Therefore, I have decided to refuse your FOI request pursuant to section 24A(1) of the
FOI Act. Review Rights
In the event that 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 SYDNEY or by
email to email@example.com
2. You may, within 60 days after the day on which you have been notified of this
decision, apply in writing to the Office of the Australian Information Commissioner
(OAIC) for a review of my decision under section 54N of the FOI Act. You may
contact the OAIC by post at GPO Box 5218 Sydney NSW 2001, by email at
firstname.lastname@example.org or by telephone on 1300 363 992
Right to complain
3. You may lodge a complaint with the OAIC in relation to the conduct of ASIC in
the handling of this request. You may contact the OAIC as described above.
(Authorised decision-maker under subsection 23(1) of the FOI Act)
for the Australian Securities and Investments Commission