20 November 2020
FOI ref: 2811
Phil ip Sweeney
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sweeney
Freedom of Information Request – Decision
I refer to your request to the Department of the Treasury (the Treasury) on 25 October 2020, for access
under the Freedom of Information Act 1982 (the FOI Act) to the fol owing documents required by Section
123 of the ASIC Act 2001:
i.
the written disclosures of James Shipton to the Responsible Minister for the period 1 February
2018 to the present; and
i .
the written disclosures of Daniel Creenan to the Responsible Minister for the period 16 July 2018
to the present.
I am an authorised decision maker under section 23 of the FOI Act.
Decision
The Treasury holds no documents within the scope of your request. I am, therefore, refusing your request
under section 24A(1) of the FOI Act.
I have been advised that staff in the relevant area of the Department have searched for the requested
documents and no documents were located. I understand that these disclosures are provided directly from
ASIC to the Treasurer. I am satisfied that the Treasury does not hold the documents you requested.
Rights of Review
A statement setting out your rights of review in this matter is attached.
Yours sincerely
Angela Barrett
Branch Head
Executive Coordination and Governance Branch
Langton Crescent, PARKES ACT 2600, AUSTRALIA
P: 61 2 6263 2800
www.treasury.gov.au
2
INFORMATION ON RIGHTS OF REVIEW
1.
APPLICATION FOR INTERNAL REVIEW OF DECISION
Section 54 of the Freedom of Information Act gives you the right to apply for an internal review of the
decision refusing to grant access to documents in accordance with your request.
An application for a review of the decision must be made in writing within 30 days of receipt of this letter.
No particular form is required but it would assist the decision-maker if you could set out in the application
the grounds on which you consider that the decision should be reviewed.
An application for a review of the decision should be emailed to xxx@xxxxxxxx.xxx.xx.
OR
2.
APPLICATION TO AUSTRALIAN INFORMATION COMMISSIONER (INFORMATION COMMISSIONER)
FOR REVIEW OF DECISION
Section 54L of the FOI Act gives you the right to seek a review of the decision from the Information
Commissioner. An application for review must be made within 60 days of receiving the decision.
An application for review must be in writing and must:
– give details of how notices must be sent to you; and
– include a copy of the notice of decision.
You should send your application for review to:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
AND/OR
3.
COMPLAINTS TO THE INFORMATION COMMISSIONER
Section 70 of the FOI Act provides that a person may complain to the Information Commissioner about
action taken by an agency in the exercise of powers or the performance of functions under the FOI Act.
A complaint to the Information Commissioner must be in writing and identify the agency the complaint is
about. It should be directed to the fol owing address:
The Information Commissioner
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
The Information Commissioner may decline to investigate the complaint in a number of circumstances,
including that you did not exercise your right to ask the agency, the Information Commissioner, a court or
tribunal to review the decision.