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
9 December 2020
www.asic.gov.au
Mr Phil ip Sweeney
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sweeney
Notice of Internal Review Decision under the Freedom of Information Act 1982
Ref No. 207-2020
I refer to your email received by the Australian Securities & Investments
Commission (
ASIC) on 9 November 2020, in which you request an internal
review under the
Freedom of Information Act 1982 (Cth) (
FOI Act).
I am authorised to conduct the internal review pursuant to s 23(1) of the FOI
Act.
Initial Decision on your FOI Request
On 24 October 2020 you made a request under the FOI Act for the following
document:
The document I seek is a copy of the letter that confirms the appointment of James
Shipton to the role of Chairman of ASIC’ (my emphasis added).
On 9 November 2020 the authorised decision maker, Ms Zhang, gave notice
of her decision refusing your request under s 24A of the FOI Act on the basis
that no documents falling within the scope of your request exist in ASIC’s
possession (
Primary Decision).
Internal Review Request
On 9 November 2020 you made an application for internal review of the
Primary Decision (
Internal Review Request) stating
ASIC previously provided me with a copy of the letter of appointment of Greg
Medcraft and so a similar letter of appointment must exist for James Shipton
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Information considered:
In reaching my decision, I have considered the following:
• the FOI Act, in particular ss 24A;
• the Australian Information Commissioner’s FOI Guidelines issued under s
93A of the FOI Act;
• your FOI request received on 24 October 2020;
• the Primary Decision including searches conducted by the primary
decision maker and the results of those searches;
• your Internal Review Request; and
• the documents released pursuant to a previous FOI request you made
to ASIC in 2011.
Internal Review Decision
Having considered the above material, I agree with the Primary Decision
maker that there is no document in ASIC’s possession fitting the description
“the letter that confirms the appointment of James Shipton to the role of
Chairman of ASIC”.
ASIC is however in possession of an instrument appointing James Shipton to
the role of ASIC Chair (
Instrument of Appointment) .
Your Internal Review Request makes clear that you are seeking a document
concerning James Shipton’s appointment to the role of ASIC Chair that is
similar in nature to a document previously released to you concerning Greg
Medcraft. The document previously released to you is an instrument dated 12
May 2011appointing Greg Medcraft to the role of ASIC Chair.
On the basis of the clarification provided in your Internal Review Request I
have decided to vary the Primary Decision by releasing the Instrument of
Appointment in full.
The instrument of Appointment is attached to this decision.
Review rights
If you are dissatisfied with the decision:
1. 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

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Right to complain
2. 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.
Yours sincerely,
Mirijana Soldatic
(Authorised decision-maker pursuant to subsection 23(1) of the FOI Act)