3 January 2019
Level 7, 120 Collins Street,
Mr Phillip Sweeney
Melbourne VIC 3000
GPO Box 9827, Melbourne VIC 3001
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx DX 423 Melbourne
Telephone: +61 1300 935075
Facsimile: +61 1300 729 000
Dear Mr Sweeney
www.asic.gov.au
Freedom of Information Decision
I refer to your email received by the Australian Securities and Investments
Commission (‘
ASIC’) on 5 December 2018 in which you seek access to
the fol owing under the
Freedom of Information Act 1982 (Cth) (the
‘
Act’):
‘copies of the following documents filed by ASIC in NSD1654/2018
23 October 2018 - Particulars (including Further and better Particulars)
12 October Amended Document
12 October Amended Document’.
In my email to you on 5 December 2018, I acknowledged receipt of this
request and advised that I am the authorised decision maker pursuant
to section 23 of the Act.
Decision
I have undertaken a search of ASIC’s records and identified the three
documents fal ing within the scope of your request.
I have decided to
refuse access in ful to al the requested documents.
The reasons for my decision are set out below.
Reasons for decision
Section 12(1)(b) of the Act provides that a person is not entitled to
obtain access to ‘a document that is open to public access as part of
a public register or otherwise, in accordance with another enactment,
where that access is subject to a fee or other charge.’
The requested documents have been filed in the Federal Court of
Australia under proceeding number NSD1654/2018.
Accordingly, they are open to public access, pursuant to rule 2.32 of
the
Federal Court Rules 2011 (Cth). This rule sets out the limited
circumstances in which a non-party may inspect documents filed in a
Federal Court proceeding. This access is subject to a fee as set out in
item 123 of Schedule 1 to the
Federal Court and Federal Circuit Court
Regulation 2012 (Cth).
For further information on how to make an access request to inspect
Federal Court documents, please visit the fol owing Federal Court
website at:
<http://www.fedcourt.gov.au/services/access-to-files-and-
transcripts/court-documents/how-to-apply>.
For the reasons discussed above, I find that section 12(1)(b) of the Act
applies to the requested documents. Therefore, these documents are
excluded from the access provisions of the Act.
Review rights
If you are not satisfied with this decision, you may:
• within 30 days after the day on which you have been notified of
this decision, apply in writing to ASIC for another ASIC officer to
review this decision. This is pursuant to section 54B of the Act. The
application should be addressed to the Senior Manager, Freedom
of Information Team, GPO Box 9827, Melbourne VIC 3001 or sent
by email to
xxxxxxxxxx@xxxx.xxx.xx;
• 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 the decision. This
is pursuant to section 54N of the FOI Act. You may contact the
OAIC by post at GPO Box 5218 Sydney NSW 2001, by email at
xxxxxxxxx@xxxx.xxx.xx or by telephone on 1300 363 992; or
• lodge a complaint with the OAIC in relation to ASIC’s conduct
concerning your request. You may contact the OAIC as
described above.
Yours faithfully,
Jeremiah Leong
Authorised decision-maker pursuant to section 23(1) of the FOI Act, on
behalf of the Australian Securities and Investments Commission