ACM Group Collection Manual

Ben Fairless made this Freedom of Information request to Australian Securities and Investments Commission

The request was partially successful.

From: Ben Fairless

Delivered

Dear Australian Securities and Investments Commission,

In this media release: http://asic.gov.au/about-asic/media-cent...

ASIC states that it provided the court with "ACM debt collector training manual". As this case has long since been adjudicated, can you please provide me with a copy of the above manual?

Please treat this request administratively where possible. If it can't be treated informally/administratively, please process it as a Freedom of Information Request.

Yours faithfully,

Ben Fairless

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From: Ben Fairless

Delivered

Dear Australian Securities and Investments Commission,

I have not received a response to my request "ACM Group Collection Manual", which can be found on Right to Know - https://www.righttoknow.org.au/request/a....

Can you please advise when this request will be processed?

Yours faithfully,

Ben Fairless

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From: FOIrequest
Australian Securities and Investments Commission

Dear Mr Fairless,

Thank you for your email.  I have contacted the team to which your request
was referred to make enquiries as to the status of your request.  I am
advised that unfortunately the referral of your request was overlooked
(presumably due to the time of year it was received).

Your request has now been allocated to a decision maker who will be in
touch with you in due course regarding this matter.

 In accordance with the provisions of section 15AC of the FOI Act it is
deemed that ASIC has refused your request as it has not furnished you with
a decision on your request within 30 days of receipt.   In these
circumstances, ASIC may apply to the Information Commissioner (IC) for
more time to process the request which it intends to do.  

I will liaise further with the relevant team to determine how much
additional time they require to process your request and will advise you
accordingly.

Yours sincerely

Mirijana Soldatic | FOI Coordinator| Chief Legal Office | Australian
Securities and Investments Commission |' +61 3 9280 3205 | 7 +61 3 9280
3444 | * [1][email address]

From:        Ben Fairless <[FOI #1447 email]>
To:        FOI requests at ASIC <[ASIC request email]>,
Date:        22/01/2016 10:17 AM
Subject:        Re: Freedom of Information request - ACM Group Collection
Manual

--------------------------------------------------------------------------

Dear Australian Securities and Investments Commission,

I have not received a response to my request "ACM Group Collection
Manual", which can be found on Right to Know -
[2]https://www.righttoknow.org.au/request/a....

Can you please advise when this request will be processed?

Yours faithfully,

Ben Fairless

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1447 email]

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[3]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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From: Ben Fairless

Delivered

Dear Mirijana,

Is it possible to release the document administratively (informally, outside the FOI Act)?

I don't believe the document would have an exemptions applied to it, and that would prevent requesting an extension with the OAIC.

Cheers,

Ben Fairless

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From: FOIrequest
Australian Securities and Investments Commission

Dear Mr Fairless,

I am advised by the decision maker that the document will require us to
conduct third party consultation under s 27 of the FOI Act prior to
considering release.  ASIC cannot therefore release the document to you
administratively.

Accordingly, ASIC proposes to seek an extension from the Information
Commissioner of 30 days ( from today's date) to process your request.
 This will include time required for third party consultation.

Yours sincerely

Mirijana Soldatic | FOI Coordinator| Chief Legal Office | Australian
Securities and Investments Commission |' +61 3 9280 3205 | 7 +61 3 9280
3444 | * [1][email address]

From:        Ben Fairless <[FOI #1447 email]>
To:        FOIrequest <[ASIC request email]>,
Date:        22/01/2016 08:20 PM
Subject:        Re: Freedom of Information request - ACM Group Collection
Manual (Treat as In Confidence) [DLM=Sensitive]

--------------------------------------------------------------------------

Dear Mirijana,

Is it possible to release the document administratively (informally,
outside the FOI Act)?

I don't believe the document would have an exemptions applied to it, and
that would prevent requesting an extension with the OAIC.

Cheers,

Ben Fairless

show quoted sections

Link to this

From: Ben Kirkwood

Dear Mr Fairless,

 

The Office of the Australian Information Commissioner (OAIC) has received
a request from the Australian Securities and Investments Commission (ASIC)
for an extension until 29 February 2016 to process the FOI application
lodged on 22 December 2016.

 

ASIC advise that it became aware that your request had been overlooked
when you made contact with the agency on 22 December 2016. As a result
ASIC did not commence processing your request until the 30 day period
required by the FOI Act had expired. This means that your request is
deemed to have been refused by the principal officer of ASIC under 15AC(3)
of the FOI.

 

The OAIC is minded to grant the ASIC an extension of time under s 15AC but
will take any comments you may have to make into account when deciding the
application.

 

A response from you by 5 February 2016 would be very much appreciated; my
contact details are included below.  If I do not hear from you by this
time I may proceed to decide the matter on the basis of the information I
have before me.

 

I look forward to your response.

 

Kind regards

 

Ben Kirkwood |Assistant Merit Review & Investigation Officer

Dispute Resolution Branch

Office of the Australian Information Commissioner

GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au

Phone:  +61 2 9284 9615 | Facsimile: +61 2 9284 9666 

Email: [2][email address]

 

I am in the office on Tuesday and Wednesdays. I work remotely on Mondays.

 

 

 

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References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]

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From: Ben Fairless

Delivered

Dear Ben,

With all respect, I don't believe that the department should be given a full 30 days to respond.

The department acknowledges that it received my original request and that it subsequently "lost" my request.

I believe that they should prioritise this request and provide a response in a shorter timeframe, for example by the 19th of February. I am surprised that the Department does not have processes in place to track FOI requests.

Yours sincerely,

Ben Fairless

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From: Ben Kirkwood

Dear Mr Fairless

Thank you for providing comment on ASIC's request. I will have regard to them when I make a decision on the request.

I will ensure that you are provided with a copy of my decision when it made.

Kind regards

Ben Kirkwood |Assistant Merit Review & Investigation Officer
Dispute Resolution Branch
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | www.oaic.gov.au
Phone:  +61 2 9284 9615 | Facsimile: +61 2 9284 9666
Email: [email address]

I am in the office on Tuesday and Wednesdays. I work remotely on Mondays.

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Link to this

From: Ben Kirkwood


Attachment 15AC decision.pdf
178K Download View as HTML


Dear Mr Fairless

 

I have attached a copy of the decision on ASIC's application for an
extension of time under s 15AC of the FOI Act to process your request for
documents.

 

Please accept my apologies for my not having provided this to you earlier.

 

Kind regards

 

Ben Kirkwood |Assistant Merit Review & Investigation Officer

Dispute Resolution Branch

Office of the Australian Information Commissioner

GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au

Phone:  +61 2 9284 9615 | Facsimile: +61 2 9284 9666 

Email: [2][email address]

 

I am in the office on Tuesday and Wednesdays. I work remotely on Mondays.

 

 

 

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Link to this

From: Jenna Molesworth
Australian Securities and Investments Commission


Attachment 20160219 Ben Fairless FOI Letter re Notice of Decision.pdf
112K Download View as HTML


Dear Mr Fairless

Please refer to the below attached correspondence.

Yours faithfully

Jenna Molesworth

Jenna Molesworth (nee Simpson) | Senior Lawyer | Enforcement - Financial
Services | ASIC Level 5 - 100 Market Street SYDNEY NSW 2000 | '+61 2 9911
5235 | 7+61 2 9911 2414 | * [email address]
 

Please consider the environment before printing this document

  

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

  

NOTICE

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

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From: Ben Fairless

Delivered

Dear Jenna,

Thanks for the decision. Is it possible to advise who is objecting to the disclosure of the document, and the reasons for that objection?

Is it possible to confirm with the objector if they are going to appeal the decision?

Yours sincerely,

Ben Fairless

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From: Jenna Molesworth
Australian Securities and Investments Commission

Dear Mr Fairless

I refer to my letter of 19 February 2016 regarding my decision to release
a document to you under the Freedom of Information Act 1982  (the FOI
Act).

I confirm on 18 March 2016, ASIC received a request for an internal review
of my decision from an affected third party pursuant to s 54B of the FOI
Act.

Another ASIC officer will now be assigned to review my decision and will
be in contact with you shortly.

Yours faithfully
Jenna Molesworth
Jenna Molesworth (nee Simpson) | Senior Lawyer | Enforcement - Financial
Services | ASIC Level 5 - 100 Market Street SYDNEY NSW 2000 | '+61 2 9911
5235 | 7+61 2 9911 2414 | * [email address]    

Please consider the environment before printing this document

  

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

  

NOTICE

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

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From: Penny Beck
Australian Securities and Investments Commission

Dear Mr Fairless

I refer to the decision of Jenna Molesworth made on 22 February 2016 to
release a document to you in response to your request made under the
Freedom of Information Act 1982  (Cth).

ASIC has received a request from a third party for an internal review of
Ms Molesworth's decision.

I am writing to advise you that I am the ASIC staff member conducting that
review.

Yours faithfully

Penny Beck | Senior Manager | Financial Services Enforcement | ASIC |
Sydney | '61 2 9911 2651 | Ë 0434 182 753 | * [1][email address]
 

Please consider the environment before printing this document

  

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

  

NOTICE

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

References

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1. mailto:[email address]

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From: Penny Beck
Australian Securities and Investments Commission


Attachment 20160413 Letter to Ben Fairless Internal Review.pdf
285K Download View as HTML


Dear Mr Fairless

I refer to my email of 24 March 2016.

Attached is a letter containing my review decision in respect of your
application dated 22 December 2015 under the Freedom of Information Act
1982  (Cth).

Regards
Penny Beck | Senior Manager | Financial Services Enforcement | ASIC |
Sydney | '61 2 9911 2651 | Ë 0434 182 753 | * [1][email address]
 

Please consider the environment before printing this document

  

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

  

NOTICE

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

References

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1. mailto:[email address]

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From: Alexandra Smith
Australian Securities and Investments Commission


Attachment Training Manual Redacted.pdf
2.9M Download View as HTML


Dear Mr Fairless,

I refer to the letter dated 13 April 2016 addressed to you from Ms Penny
Beck of ASIC.

The review rights of the affected third party have now expired. Please see
attached a redacted version of the document you requested.

Furthermore, I refer to paragraph 25 of the letter dated 13 April 2016
from Ms Beck and advise that it should have read as follows:

        "You may within 60 days after the day on which have been notified
of this decision, apply in writing to the Australian Information
Commissioner for a review of my decision under section 54N of the FOI
Act."

This means that you still have some time to seek a review of Ms Beck's
decision to release a redacted version of the document you requested.

Regards,
Alexandra Smith | Senior Lawyer | Financial Services Enforcement | ASIC |
Level 5, 100 Market Street Sydney NSW 2000 | '+61 02 9911 2288 |
[email address]

 

Please consider the environment before printing this document

  

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

  

NOTICE

 

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

 

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