Australian Securities
and Investments Commission
Level 7, 120 Col ins Street,
Melbourne VIC 3000
GPO Box 9827,
Melbourne VIC 3001
Tel: +61 1300 935 075
Fax: +61 1300 729 000
www.asic.gov.au
Our reference:
41205/18
16 January 2019
Mr Phil ip Sweeney
By email – xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sweeney
Freedom of information request – notice of access decision
We refer to your request for access to documents under the
Freedom of Information
Act 1982 (
FOI Act).
I am an officer authorised under subsection 23(1) of the FOI Act to make decisions in
relation to FOI requests.
On 16 December 2018, you requested access to:
copies of al internal emails made by Mr Asadi or received by Mr Asadi (of
copies of phones logs of internal phone discussions) relating to
ASIC ref. CAS-
20359-K6F4BB
Your request appears to relate to NULIS Nominees (Australia) Ltd and ASIC ref. CAS-
20359-
K6F4B8. If this is incorrect, please let me know by return email.
Decision and reasons for the decision
The documents you request do not exist. Your request is refused in line with paragraph
24A(1)(b)(i ) of the FOI Act, which provides:
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) al 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
(i ) does not exist.
2
We searched our electronic records and we have no documents that fal within the
scope of your request. I am satisfied the documents do not exist.
Review rights
If you are dissatisfied with my decision, you may apply for internal review or
Information Commissioner Review of the decision. We encourage you to seek internal
review as a first step as it may provide a more rapid resolution of your concerns.
Internal review
Under section 54 of the FOI Act, you may apply for an internal review of my decision.
The internal review application must be made in writing within 30 days of the date of
this letter.
Where possible, please include reasons why you believe review of the decision is
necessary. The review wil be carried out by another ASIC officer within 30 days.
This request should be addressed to me or to the Senior Manager, Administrative Law
GPO Box 9827 SYDNEY or by email to
xxxxxxxxxx@xxxx.xxx.xx. Information Commissioner Review
Under section 54L of the FOI Act, you may apply to the Office of the Australian
Information Commissioner (
OAIC) to review my decision. An application for review by
the Information Commissioner must be made in writing within 60 days of the date of
this letter, and can be submitted:
online
https://forms.business.gov.au/aba/oaic/foi-review-
email
xxxxxxxxx@xxxx.xxx.xx
post
GPO Box 2999, Canberra ACT 2601
in person
Level 3, 175 Pitt Street, Sydney NSW
More information about Information Commissioner review is available on th
e Office of
the Australian Information Commissioner website. Right to complain
You may lodge a complaint with the OAIC about the conduct of ASIC in the
handling of this request. You may contact the OAIC as described above.
Questions about this decision
If you have any questions, please contact me by phone on 03 9280 4614 or by email
at
xxxxx.xxxxx@xxxx.xxx.xx. Yours sincerely
David Asadi
Authorised decision-maker under subsection 23(1) FOI Act
Australian Securities and Investments Commission
