Australian Securities
and Investments Commission
Office address (inc courier deliveries):
Level 7, 120 Col ins Street,
Melbourne VIC 3000
Mail address for Melbourne office:
GPO Box 9827,
Brisbane QLD 4001
Tel: +61 1300 935 075
Phil ip Sweeney
Fax: +61 1300 729 000
By email:
foi+request-5269-
www.asic.gov.au
xxxxxxxx@xxxxxxxxxxx.xxx.xx
15 March 2019
Dear Mr Sweeney
Freedom of Information Request No. FOI030-2019
I refer to your request for access to documents made under the
Freedom of
Information Act 1982 (
FOI Act) dated 22 February 2019 by which you requested
access to documents in the possession of the Australian Securities and
Investments Commission (
ASIC).
Your request seeks access to the following:
‘The documents I seek are a copy or copies on correspondence from
Royal Commissioner Hayne to ASIC Chairman, James Shipton from 1
February 2019 to the present.’
I am the authorised decision-maker for the purposes of section 23 of the Act
and this letter gives notice of my decision.
Decision
A search of ASIC’s records was conducted. My decision is to refuse your
request for access to the documents, as no documents exist. The reasons for
my decision are set out below.
Information considered
In reaching my decision, I have considered the following:
• the FOI Act;
• the Australian Information Commissioner’s FOI Guidelines issued under
s 93A of the FOI Act (
FOI Guidelines); and
• the terms of your request.
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Section 24A of the FOI Act
Section 24A of the FOI Act relevantly provides:
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
(i ) does not exist.
The ASIC Chair and Chief Legal Officer have undertaken searches of their
records which have revealed that there are no documents relevant to your
request found. For these reasons, I am satisfied that al reasonable steps have
been taken to locate the documents relevant to your request and I am satisfied
that the documents do not exist. I have therefore decided to refuse your
request pursuant to s 24A(1)(b)(i ) 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 an internal review of my decision
under section 54B of the FOI Act. This review is an independent process
conducted by a Senior Freedom of Information Officer at ASIC. This request
should be addressed to me or to the Senior Manager, Freedom of
Information, GPO Box 9827, Brisbane QLD 4001 or by email to
xxxxxxxxxx@xxxx.xxx.xx.
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 xxxxxxxxx@xxxx.xxx.xx 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 set out
above.
If you have any questions or wish to discuss, please contact me on
xxxxxxx.xxxxx@xxxx.xxx.xx or (03) 9280 4156.
Yours sincerely
Jessica Zhang
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(Authorised decision-maker pursuant to subsection 23(1) of the FOI Act)