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
19 November 2020
Fax: +61 1300 729 000
www.asic.gov.au
Phil ip Sweeney
By email only:
foi+request-6903-
xxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Sweeney
Freedom of Information Request No. FOI 238-2020
Consultation under s27 of the FOI Act
I refer to your request received by us on 18 November 2020 under the
Freedom
of Information Act 1982 (
FOI Act) in which you have sought information from
the Australian Securities and Investments Commission (
ASIC).
Your request seeks access to the following:
‘The document I seek is the terms of engagement for Egon Zehnder for
conducting a 'behavioural' review of ASIC's leadership team in late
2019.’
I acknowledge receipt of your request in accordance with section 15(5) of the
FOI Act.
Certain documents that fall within the scope of your request contain
information concerning the business, commercial or financial affairs of an
organisation, or a person’s business or professional affairs. As such, ASIC is
required to consult with the person or organisation concerned in accordance
with section 27 of the FOI Act before making a decision on the release of these
documents.
The consultation provision under section 27 of the FOI Act applies when a
decision-maker forms the view that the person or organisation concerned may
wish to contend that the requested documents are exempt because their
release would disclose trade secrets, commercially valuable information or that
it may adversely affect their business or financial affairs. For this reason, I have
written to the affected third party to invite them to make a submission
regarding release of the documents. I wil take into consideration comments
received from them noting that the final decision about whether the
documents are exempt rests with me as the decision maker.
Pursuant to section 15(6) of the FOI Act the period for processing your request
has now been extended by 30 days to allow ASIC time to undertake this
consultation process. You should therefore expect a decision to be made by
18 January 20201.

2
If you have any questions or wish to discuss your request, please email me at
xxxxxx.xxxxx@xxxx.xxx.xx .
Yours faithfully,
Justin Frank
Lawyer, FOI & Privacy
(Authorised decision maker under section 23(1) of the FOI Act)