Australian Financial Conduct Authority & the FIO Act

Phillip Sweeney made this Freedom of Information request to Office of the Australian Information Commissioner

The request was successful.

From: Phillip Sweeney

Delivered

Dear Office of the Australian Information Commissioner,

The Australian Financial Conduct Authority (AFCA) has just commenced operation.

It appears that this Authority is not subject to the Freedom of Information Act 1982 (Cth).

The documents I seek are any documents in the possession of the Office of the Australian Information Commissioner that relate to the AFCA and which would establish why the AFCA is not subject to the Freedom of Information Act 1982 (Cth).

Yours faithfully,

Phillip Sweeney

Link to this

Ben Fairless left an annotation ()

This is a really easy question to answer - it’s not subject to the FOI Act because it’s not a government agency. In Fact, it has the same ABN as the Financial Ombudsman Service had.

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Ben Fairless left an annotation ()

Whoops, sorry the AFCA doesn’t have the same abn but the FOS website was updated to use the AFCA’s ABN on its footer.

Of note, the AFCA website is actually owned by the Australian Film Critics Association.......

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Phillip Sweeney left an annotation ()

Thank You Ben

The Superannuation Complaints Tribunal which has been rolled into the AFCA was subject to the FIO Act and I was able to use the Act to discover that fabricated evidence had been lodged with the Tribunal in relation to my complaint and another member of the same superannuation fund by the trustee of the fund.
Even though it is a criminal offence for a trustee to lodge fabricated evidence with the Tribunal, the Chairperson of the Tribunal refused to press charges and refused to revisit determinations that had been obtained by fraud.

No doubt this 'fraud on the Tribunal' is why the AFCA was not established as a government Tribunal.

A complete con on the Australian Public by Scott Morrison looking after his banker mates.

Regards

Philip Sweeney

Link to this

From: Amanda Nowland
Office of the Australian Information Commissioner


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Our reference: FOIREQ18/00181

Dear Mr Sweeney

Freedom of Information request

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (the FOI Act) and received by the Office of the
Australian Information Commissioner (OAIC) on 4 November 2018.

Scope of your request

In your email you seek access to the following:

any documents in the possession of the Office of the Australian
Information Commissioner that relate to the AFCA [Australian Financial
Conduct Authority] and which would establish why the AFCA is not subject
to the Freedom of Information Act 1982 (Cth).

 

In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.

Timeframes for dealing with your request

Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.

As we received your request on 4 November 2018, we must process your
request by 4 December 2018.

Disclosure Log

Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.

If you would like to discuss this matter please contact me on my contact
details set out below.

Regards

 

[1]O A I C logo   Amanda Nowland  |  Senior
Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 oaic.gov.au

+61 2 9284 9646  |  
[2][email address]
[6]Subscribe [7]Subscribe to
[3]Facebook | [4]LinkedIn | [5]Twitter |   icon OAICnet
newsletter

 

 

 

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Link to this

From: Amanda Nowland
Office of the Australian Information Commissioner


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Attachment FOIREQ18.00181 Decision.pdf
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Dear Mr Sweeney,

 

Please find attached correspondence in relation to your FOI request.

 

Regards,

 

Amanda Nowland

 

[1]O A I C logo   Amanda Nowland  |  Senior
Lawyer

Legal Services

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 oaic.gov.au

+61 2 9284 9646  |  
[2][email address]
[6]Subscribe [7]Subscribe to
[3]Facebook | [4]LinkedIn | [5]Twitter |   icon OAICnet
newsletter

 

show quoted sections

References

Visible links
1. https://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.facebook.com/OAICgov
4. https://www.linkedin.com/company/office-...
5. https://twitter.com/OAICgov
7. https://www.oaic.gov.au/media-and-speech...

Link to this

Things to do with this request

Anyone:
Office of the Australian Information Commissioner only: