FOI 21-66
1 July 2021
Phil ip Sweeney
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sweeney,
NOTICE OF DECISION MADE UNDER SECTION 23 OF THE FREEDOM OF
INFORMATION ACT 1982 (CTH) (FOI ACT) WITH REASONS FOR DECISION PROVIDED
UNDER SECTION 26
Applicant:
Phil ip Sweeney
Decision-maker:
Joanne Li, an authorised officer of the Australian Prudential
Regulation Authority (APRA) for the purposes of subsection
23(1) of the FOI Act.
FOI Request:
“Attached to an FOI response from Owen Brailsford (APRA)
dated 21 March 2011 was a copy of an unexecuted draft copy
of a document titled ‘Foster’s Group Superannuation –
Amending Deed – {Replacing the Rules relating to the Fund
in their entirety}’...
The document I seek is an electronic version of this redacted
draft document that I can provide to the fol owing NULIS
Trustee Directors.”
(FOI request).
My decision:
Grant access, under subsection 11A(3) of the FOI Act, to the
document(s) specified in the Applicant’s request.
MATERIAL FACTS
1.
On 8 May 2021, you made the FOI request by email under the FOI Act.
2.
On 11 May 2021, APRA acknowledged receipt of the request by email.
3.
On 3 June 2021, APRA extended the decision date under section 15AA of the FOI Act
until 7 July 2021.
EVIDENCE AND MATERIAL RELIED ON
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
1
4.
In making my decision, I have relied on the fol owing evidence and material:
a.
the Applicant’s request received by APRA on 8 May 2021;
b.
acknowledgment email from FOI Officer to the Applicant dated 11 May 2021;
c.
email correspondence between APRA staff between 12 May 2021 and 22 June
2021;
d.
email correspondence between APRA and the relevant trustee between 8 June
2021 and 22 June 2021;
e.
relevant sections of the FOI Act; and
f.
guidelines issued by the Office of the Australian Information Commissioner to date
(FOI Guidelines).
5. APRA has conducted al reasonable searches of its records and identified one document
relevant to your FOI request (relevant document).
REASONS
6.
APRA consulted the trustee of relevant superannuation fund. The trustee did not object
to the disclosure of the relevant documents.
7.
I have therefore decided to grant access to the relevant document under subsection
11A(3) of the FOI Act.
RIGHTS OF REVIEW
Application for Internal Review of Decision
8.
Under section 54A of the FOI Act, you have the right to apply for an internal review of
the decision if you disagree with my decision. If you make an application for review,
another officer of APRA wil be appointed to conduct the review and make a fresh
decision on the merits of the case.
9.
Under section 54B of the FOI Act, you must apply in writing for a review of the decision
within 30 days after the day the decision has been notified to you.
10. You do not have to pay any other fees or processing charges for an internal review,
except for providing access to further material in the document released as a result of
the review (for example, photocopying, inspection, etc).
11. No particular form is required to apply for review although it is desirable (but not
essential) to set out in the application the grounds on which you consider that the
decision should be reviewed.
12. Application for an internal review of the decision should be addressed to:
FOI Officer
Australian Prudential Regulation Authority
GPO Box 9836, Sydney NSW 2001
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
2
Telephone:
(02) 9210 3000
Facsimile:
(02) 9210 3411
13. If you make an application for internal review and we do not make a decision within 30
days of receiving the application, the agency is deemed to have affirmed the original
decision. However, under section 54D of the FOI Act, APRA may apply, in writing to the
Information Commissioner for further time to consider the internal review.
Application for review by Information Commissioner
14. Under section 54M of the FOI Act, you have the right to apply to the Information
Commissioner for a review of the original decision or a review of a decision made on
review.
15. Any application must be in writing and must give details of an address where notices
may be sent and include a copy of the original decision or the decision made on internal
review.
16. An application for review by the Information Commissioner maybe lodged in the
fol owing ways:
Online
Complete and lodge the online review form at:
https://www.oaic.gov.au/freedom-of-information/reviews-
and-complaints/information-commissioner-review/
Post
Director of FOI Dispute Resolution
GPO Box 5218, Sydney NSW 2001
Email
xxxxx@xxxx.xxx.xx
Facsimile
(02) 9284 9666
Delivered in person
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street
Sydney NSW 2000
Application for review by Administrative Appeals Tribunal
17. If the decision on review by the Information Commissioner is not to grant access to al
of the documents within your request, you would be entitled to seek review of that
decision by the AAT.
18. The AAT is an independent review body with the power to make a fresh decision. An
application to the AAT for a review of an FOI decision does not attract a fee. The AAT
cannot award costs either in your favour or against you, although it may in some
circumstances recommend payment by the Attorney-General of some or al of your
costs. Further information is available from the AAT on 1300 366 700.
Complaints to the Information Commissioner
19. You may complain to the Commissioner concerning action taken by this agency in the
exercise of powers or the performance of functions under the FOI Act. There is no fee
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
3
for making a complaint. The Commissioner wil conduct an independent investigation of
your complaint.
20. You may complain to the Commissioner either oral y or in writing, by any of the methods
outlined above, or by telephone, on 1300 363 992.
Joanne Li
FOI Officer
Australian Prudential Regulation Authority
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
4
Document Schedule
Doc
Description
Exemption(s)
Access
No.
1
Unexecuted
Foster’s
Group
Granted
Superannuation Amending Deed
(Replacing the Rules relating to
the Fund in their entirety)
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
5
FREEDOM OF INFORMATION ACT 1982 (CTH)
11A Access to documents on request
Scope
(1) This section applies if:
(a) a request is made by a person, in accordance with subsection 15(2), to an
agency or Minister for access to:
(i) a document of the agency; or
(i ) an official document of the Minister; and
(b) any charge that, under the regulations, is required to be paid before access
is given has been paid.
(2) This section applies subject to this Act.
Note: Other provisions of this Act are relevant to decisions about access to documents, for
example the fol owing:
(a) section 12 (documents otherwise available);
(b) section 13 (documents in national institutions);
(c) section 15A (personnel records);
(d) section 22 (access to edited copies with exempt or irrelevant matter deleted).
Mandatory access—general rule
(3) The agency or Minister must give the person access to the document in
accordance with this Act, subject to this section.
Exemptions and conditional exemptions
(4) The agency or Minister is not required by this Act to give the person access to
the document at a particular time if, at that time, the document is an exempt
document.
Note: Access may be given to an exempt document apart from under this Act, whether or not
in response to a request (see section 3A (objects—information or documents otherwise
accessible)).
(5) The agency or Minister must give the person access to the document if it is
conditional y exempt at a particular time unless (in the circumstances) access to
the document at that time would, on balance, be contrary to the public interest.
Note 1: Division 3 of Part IV provides for when a document is conditionally exempt.
Note 2: A conditionally exempt document is an exempt document if access to the document
would, on balance, be contrary to the public interest (see section 31B (exempt
documents for the purposes of Part IV)).
Note 3: Section 11B deals with when it is contrary to the public interest to give a person access
to the document.
(6) Despite subsection (5), the agency or Minister is not required to give access to
the document at a particular time if, at that time, the document is both:
(a) a conditional y exempt document; and
(b) an exempt document:
(i) under Division 2 of Part IV (exemptions); or
(i ) within the meaning of paragraph (b) or (c) of the definition of exempt
document in subsection 4(1).
AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY
6
