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
Fax: +61 1300 729 000
www.asic.gov.au
Phil ip Sweeney
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Reference:
FOI 120-2020
24 August 2020
Dear Mr Sweeney
Freedom of Information Request No. 120-2020
Notice of Access Decision
I refer to your request for access to documents made under the
Freedom of Information
Act 1982 (
FOI Act) dated 24 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:
“The documents I seek are:
(i)
Pages from the Consolidated Deed of Variation dated 6 May 1958 that
cover Regulation or Rule 29 which contain the improved formula for the
pension benefit and the definition of “salary” for superannuation
purposes;
(i )
Pages from the Deeds of Variation dated 3 July 1961, 3 August 1965 and
3 September 1970 that cover amending the definition of “salary” for
superannuation purpose in Regulation 29.”
I am the authorised decision-maker for the purposes of section 23 of the Act and this
letter gives notice of my decision.
I have identified the documents which come within the terms of your request. These
documents are described in the schedule to this letter.
The documents were identified by a search of emails sent by you to Ms Joanna Bird,
Executive Director, Wealth Management of ASIC. The search returned your email dated
22 July 2020 and the documents sought were contained within it.
On 21 August 2020, I advised you that my searches found that you provided these
documents to Ms Joanna Bird in an email dated 22 July 2020. As such, I advised that I
intended to release these documents to you administratively as they were documents
provided by you to ASIC previously. I provided you these documents and asked that
you confirm whether you agreed to the withdrawal of your FOI request as these
2
documents had now been administratively released to you. However, no such
confirmation was received.
Decision
As no confirmation of the withdrawal of your request was received, I advise that I have
decided to grant access in ful to the documents listed in the
attached schedule as
these were documents previously provided by you to ASIC on 22 July 2020. The
documents are enclosed with this letter.
I note that in my searches, I was unable to locate a deed of variation dated 3 July 1961
but was able to locate a deed of variation dated 7 March 1961. I have further searched
ASIC’s complaints database and any emails sent by you to Ms Joanna Bird for deed of
variation dated 3 July 1961 and have been unable to locate a document that matches
the description that you have provided. I have therefore assumed that this was a
typographical error and that the deed of variation dated 7 March 1961 is the
document that you are requesting access to as it was included in your email attaching
the documents you refer to in your request.
In your request, you also provide a series of assertions of opinion and general
commentary relating to your previous dealings with ASIC. I do not consider any of the
information contained in paragraphs 1 to 37 and paragraphs 39 to 42, inclusive, as
relevant to the determination of your request. This type of information is not required
under the FOI Act and impedes on ASIC’s processing of your request efficiently. Please
see the Office of the Information Commissioner’s
how to make an FOI request
webpage for further information.
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 a review of my decision by another ASIC officer
under section 54B of the FOI Act. 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
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 described above.
If you have any questions, please contact me a
t xxxxxxx.xxxx@xxxx.xxx.xx.
Yours sincerely
Krystal Fung
Escalated Matters & Government
Assessment & Intelligence
3
FOI 120-2020
Schedule of Documents
No.
Description of document
Decision on access
1.
Deed of Variation dated 6 May 1958
Release
2.
Deed of Variation dated 7 March 1961
Release
3.
Deed of Variation dated 3 August 1965
Release
4.
Deed of Variation dated 3 September 1970
Release
