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
14 February 2019
Mr Philip Sweeney
Dear Mr Sweeney
Freedom of Information Request No. 1505/19
I refer to your request for internal review of the primary decision made by ASIC
on 16 January 2019 under the Freedom of Information Act 1982
I am the authorised decision-maker for the purposes of section 23 of the Act
and this letter gives notice of my decision.
On 16 December 2018 ASIC received your request for documents under the
FOI Act. Your request sought access to:
• Copies of al internal emails sent or received by Mr David Asadi (or
copies of phone logs of internal discussions) related to the making of
ASIC’s decision in the matter CAS-20359-K6F4B.
• This includes chain emails related to the decision between other ASIC
You clarified that you were not seeking copies of ASIC’s correspondence with
On 16 January 2019 ASIC made a primary decision in response to your request.
On 18 January 2019 ASIC received your request for an internal review of the
primary decision. Scope of the review
You have requested an internal review of ASIC’s “handling” of your FOI request.
I have interpreted your request to be for a review of the decision ASIC made in
relation to your FOI application. Please note that complaints about how an
agency has handled an FOI request should be directed to the Information
Commissioner. For further information, see below – ‘Right to complain’.
Decision and reasons for decision
I have reviewed the primary decision of the ASIC decision-maker.
I confirm the original decision on the basis that the documents you have
requested 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
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.
I have searched our electronic records and confirm that we have no
documents that fal within the scope of your request. I am satisfied the
documents do not exist.
Material taken into account
I have taken the fol owing material into account in making my decision:
• the scope of your request;
• the FOI Act (specifical y sections 24A(1)(b)(i );
• the guidelines issued by the Australian Information Commissioner under
section 93A of the FOI Act.
In the event that you are dissatisfied with the decision:
1. 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 [email address]
or by telephone on 1300 363 992
Right to complain
2. 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 set out
If you have any questions or wish to discuss, please contact me on 03 9280 4638 or [email address].
(Authorised decision-maker pursuant to subsection 23(1) of the FOI Act)