Australian Securities
and Investments Commission
Level 7, 120 Col ins Street,
Melbourne VIC 3000
9 August 2019
GPO Box 9827,
Brisbane QLD 4001
Mr Phil ip Sweeney
Tel: +61 1300 935 075
Fax: +61 1300 729 000
www.asic.gov.au
By email only: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our ref: FOI 152-2019
Dear Mr Sweeney
Freedom of Information Decision
I refer to your email to the Australian Securities and Investments Commission
(‘
ASIC’) dated 30 July 2019 in which you made a request (‘
the Request’) to
ASIC under the
Freedom of Information Act 1982 (Cth) (‘
the Act’).
You sought access to:
‘copies of any emails or copies of file notes of phone conversations
with reporter James Frost of the Australian Financial Review in relation
to proceedings in the Federal Court of Australia (NSW) before Justice
Yates {NSD 1654/2018} and/or the Interested Person, Phil ip Charles
Sweeney. The search period is from 2 May 2019 to the present.’
On 5 August 2019, the original decision-maker refused you access in full to
documents the subject of your request on the basis that the documents did
not exist pursuant to section 24A(1)(b)(i ).
I advise that I am an officer authorised to undertake an internal review of this
decision, pursuant to section 23 of the Act.
Decision
In reaching my decision, I have considered the following:
• the Act, particularly section 24A(1)(b)(i );
• the guidelines issued by the Australian Information Commissioner,
pursuant to section 93A of the Act (‘
the FOI Guidelines’);
• the terms of the Request; and
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• the outcome of searches undertaken at first instance and further
searches upon internal review.
In undertaking an internal review of the original decision, I made additional
inquiries internally with ASIC staff across a number of ASIC teams.
Those ASIC staff members informed me that they had no record of receiving,
nor were they were aware of, any emails exchanged between ASIC and
reporter Mr James Frost of the Australian Financial Review in relation to
proceedings in the Federal Court of Australia (NSW) before Justice Yates {NSD
1654.
Those ASIC staff members also confirmed that no file notes of phone
conversations between ASIC and Mr Frost were generated in relation to this
matter. This is inclusive of the search period set out in your request.
Accordingly, I
affirm the decision made on 5 August 2019 on the basis that I
am satisfied that all reasonable steps have been taken to find the documents
and I am satisfied that no documents exist which fal within the scope of your
request. This is pursuant to section 24A(1)(b)(i ).
Review rights
You may within 30 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 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
You may lodge a complaint with the OAIC in relation to the conduct of ASIC
concerning your request. You may contact the OAIC as described above.
Yours faithful y,
Jeremiah Leong
Australian Securities and Investments Commission
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