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: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
www.asic.gov.au
Our Reference:
FOI 154-2020
3 September 2020
Dear Mr Sweeney
Freedom of Information Request No. 154-2020
Notice of Access Decision
I refer to your request dated 4 August 2020 under the
Freedom of Information Act 1982
(
FOI Act) in which you seek access to documents in the possession of the Australian
Securities and Investments Commission (
ASIC).
Your request seeks access to the fol owing:
“A copy of the letter sent by Mr Hackett in November 2009 confirming that
ASIC had not complied with my original request, namely to assist me to gain
access to the terms of the superannuation trust extant
as of 25 March 1985 as
was referenced in the request for information by Al isha Hil in her email of 6
June 2011.”
I have taken your request to be for a copy of ASIC’s letter sent to you by Mr Greg
Hackett dated 10 November 2009.
Decision and reasons for decision
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
1 document that is responsive to your request (
attached). I advise that
I have decided to grant access in ful to the document.
In your request dated 4 August 2020, you provide a series of assertions of opinion and
general commentary relating to your previous dealings with ASIC. I do not consider any
of these statements 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.
However, considering my above comments, I have been mindful not to take a narrow
approach to the construction of your FOI request. As such, I advise that I have identified
the
attached document based exclusively on the authors, timeframes and dates you
2
have provided. The documents were identified by searching ASIC case management
systems and ASIC archives.
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