Australian Securities
and Investments Commission
Office address (inc courier deliveries):
Level 5, 100 Market Street,
Sydney NSW 2000
Mail address for Sydney office:
GPO Box 9827,
Brisbane QLD 4001
Tel: +61 1300 935 075
Phil ip Sweeney
Fax: +61 1300 729 000
www.asic.gov.au
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx 11 August 2020
Dear Mr Sweeney
Freedom of Information Request No. FOI 123-2020
I refer to your request for access to documents made under the
Freedom of
Information Act 1982 (
FOI Act) dated 12 July 2020 by which you requested
access to documents in the possession of the Australian Securities and
Investments Commission (
ASIC).
Your request sought access to “a copy of the title page of any law dictionaries
in the possession of ASIC that wil identify the name and edition of that or those
law dictionaries”.
I am the authorised decision-maker for the purposes of section 23 of the FOI Act
and this letter gives notice of my decision.
Decision and reasons for decision
Your request does not fall within the scope of the FOI Act because “material[s]
maintained for reference purposes that [are] otherwise publicly available”,
which includes law dictionaries, have been excluded from the FOI Act
definition of “document” (section 4 of the FOI Act). Accordingly, I do not have
power under the FOI Act to make a decision in relation to your request.
Review rights
If 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
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
xxxxx@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
xxxxx.xxx@xxxx.xxx.xx or (02) 9911 5269.
Yours sincerely,
Mabel Say
Freedom of Information Officer
(Authorised decision maker under section 23(1) of the FOI Act)