Australian Securities
and Investments Commission
Office address (inc courier deliveries):
Level 1, 11 Mounts Bay Road,
Perth WA 6000
Mail address for Perth office:
GPO Box 9827,
Brisbane QLD 4001
Tel: +61 1300 935 075
Fax: +61 1300 729 000
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
www.asic.gov.au
Our Reference: FOI-231-2020;
24000/20
24 November 2020
Dear Gayle
Freedom of Information Request No. 231-2020
For Access to Information
I refer to your request under the
Freedom of Information Act 1982 (
the FOI Act) received
by this office on 10 November 2020 in which you sought access to the fol owing:
“Copies of documents relating to the fol owing complaints lodged with ASIC for the
period 01 January 2020 to 10 November 2020:
1. The number of al complaints lodged with the Australian Securities and
Investment Commission (ASIC) concerning Equifax (Equifax Australia Pty Ltd)
2. The number of al Equifax complaints investigated by ASIC
3. The number of al Equifax complaints lodged with ASIC and investigated by
ASIC
4. The number of al complaints lodged with ASIC relating to obtaining the on-line
"Get my free Equifax credit report" (formerly known as my credit file). Please note,
these complaints may contain information relating the Equifax link hosted on the
moneysmart.gov.au website:
https://moneysmart.gov.au/managing-debt/credit-scores-and-credit-reports
Equifax, and;
5. The number of these complaints investigated by ASIC.”
I am the authorised decision-maker for the purposes of section 23 of the FOI Act.
To prevent duplication, I have excluded from this request al documents that you
received on 20 November 2020 under your FOI Request 215-2020.
Decision
I advise that I neither confirm nor deny the existence of documents regarding
complaints to ASIC or investigations of complaints by ASIC. Similarly, the existence of
any documents which relate to complaints cannot be confirmed or denied. Section
25(1)(a) of the FOI Act states:
2
(1) Nothing in this Act shal be taken to require an
agency o
r Minister to give
information as to the existence or non-existence of a
document where
information as to the existence or non-existence of tha
t document, if included
in a
document of an agency, would cause the last-mention
ed document to
be:
(a)
an exempt document by virtue of section 33 or subsection 37(1) or
45A(1).
Reasons for decision
It is ASIC’s practice to keep information reported to it confidential as required by legal
requirements under the
Australian Securities and Investments Commission Act 2001 (
ASIC Act), principles of natural justice, ASIC regulatory policy and other related laws
and policy. This extends to reports of misconduct received from the public.
I am satisfied that disclosure of the existence or non-existence of reports of
misconduct would cause the documents to be exempt documents under section
37(1)(b) of the FOI Act, which states:
A document is an
exempt document if its disclosure under this Act would, or
could reasonably be expected to:
• disclose or enable a person to ascertain, the existence or identity of a
confidential source of information, or the non-existence of a confidential
source of information, in relation to the enforcement or administration of the
law.
ASIC’s publication
How ASIC deals with reports of misconduct contains a section on
confidentiality which says that ASIC wil consider any report of misconduct to have
been given to it in confidence and wil not reveal the contents of a report unless
required or authorised to do so under law.
Because it is ASIC’s practice to receive reports of misconduct in confidence, and
because ASIC promotes that practice in its published information about reports of
misconduct, section 37(1)(b) applies to protect any information that would confirm
the existence or the identity of a person who has supplied information to ASIC in a
report of misconduct.
Section 37(1)(b) also applies to protect information which may reveal the existence or
non-existence, rather than the identity, of a confidential source of information. As
such, I have also determined that to release any such documents, or information
about any such documents if they existed, could reasonably be expected to
disclose, or enable you to ascertain, the existence or non-existence of a confidential
source of information.
Review Rights
I provide you with the fol owing information as required by section 26 of the FOI Act.
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.
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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 a
t xxxxx@xxxx.xxx.xx or by telephone on 1300 363 992.
Right to complain
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 please contact me on by email a
t xxxx.xxxxx@xxxx.xxx.xx. Yours sincerely
Cari Byrne
(Authorised decision-maker under subsection 23(1) of the FOI Act)
