Finance AoG decisions re: ASIC (23-24/034 follow ups)
Dear Department of Finance,
Please disclose:
1. Attachment A to FOI 23-24/034 Document 1
2. ASIC statements referred to in FOI 23-24/034 Document 1 [2(c)]
3. Any documents not exemptable under s 42 that relate to the subject matter of FOI 23-24/034 Document 1 [13] (ASIC's potential inability to use CDDA)
4. Documents other than RMG 401 that talk to the appropriateness of granting an AoG application for an omission of an NCE (cf an act of an NCE in FOI 23-24/034 Document 1 [12(a)]
5. Attachment A to FOI 23-24/034 Document 2
6. Any documents not exemptable under s 42 that relate to the subject matter of FOI 23-24/034 Document 2 [4(a)], including the relevance of ASIC Act s 11
7. Attachment C to FOI 23-24/034 Document 2
8. Attachment A to FOI 23-24/034 Document 3
9. Attachment C to FOI 23-24/034 Document 3
10. Attachment A to FOI 23-24/034 Document 4
11. Attachment A to FOI 23-24/034 Document 5
12. Attachment A to FOI 23-24/034 Document 6
Regarding (2), (7), and (9), if DoF attempts a blanket redaction such as s 47E, I will fight you on the beaches. ASIC are generally incompetent, are known across the Commonwealth to be generally incompetent, are the subject of many parliamentary inquiries aimed at their lack of competence, and are otherwise a stain on the reputation of the executive branch of government. It is manifestly in the public interest to see the supposedly valid bases ASIC uses to defend itself from AoG claims.
Personal information of non-SES (excl a/SES) is excluded. Personal information of third parties, narrowly construed, is excluded. Legal advice, where it was authored by someone on the roll of a supreme court and the entire document is a legal advice, is excluded.
Corporations cannot possess personal information and their details cannot be exempt on this basis. If John Smith forms John Smith Pty Ltd, they are, at law, separate legal entities with no relationship. The FOI Act and/or Privacy Act does not stitch together what the Corporations Act has bifurcated.
Yours faithfully,
Me
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Dear “Me”
Freedom of Information Request – FOI 23-14/160
Thank you for your email to the Department of Finance (Finance) requesting
access to documents under the Freedom of Information Act 1982 (FOI Act).
The full scope of your request is attached.
General FOI matters
Your request was received by Finance on 5 June 2024. The statutory period
for processing your request commences from the day after Finance received
your request and a decision is due on 5 July 2024. The processing period
may be extended if we need to consult third parties, impose a charge or
for other reasons. We will advise you if this happens.
Liability to pay a charge
You will be notified of any charges in relation to your request as soon as
possible, before we process any requested documents or impose a final
charge.
Publication
Documents provided to you under the FOI Act may be published on our
[1]disclosure log, unless an exemption applies or the documents are
characterised as containing personal information.
Please contact the FOI Team on the below contact details if you wish to
discuss your request.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
References
Visible links
1. https://www.finance.gov.au/about-us/free...
OFFICIAL
Dear “Me”
I refer to your request under the Freedom of Information Act 1982 (Cth)
(FOI Act), seeking access to the following documents:
“…1. Attachment A to FOI 23-24/034 Document 1
2. ASIC statements referred to in FOI 23-24/034 Document 1 [2(c)]
3. Any documents not exemptable under s 42 that relate to the subject
matter of FOI 23-24/034 Document 1 [13] (ASIC's potential inability to use
CDDA)
4. Documents other than RMG 401 that talk to the appropriateness of
granting an AoG application for an omission of an NCE (cf an act of an NCE
in FOI 23-24/034 Document 1 [12(a)]
5. Attachment A to FOI 23-24/034 Document 2
6. Any documents not exemptable under s 42 that relate to the subject
matter of FOI 23-24/034 Document 2 [4(a)], including the relevance of ASIC
Act s 11
7. Attachment C to FOI 23-24/034 Document 2
8. Attachment A to FOI 23-24/034 Document 3
9. Attachment C to FOI 23-24/034 Document 3
10. Attachment A to FOI 23-24/034 Document 4
11. Attachment A to FOI 23-24/034 Document 5
12. Attachment A to FOI 23-24/034 Document 6…”
We are actively processing your request and note that we require
additional time to finalise it. This is on the basis that the documents
contained within scope of your request includes material relating to
another Government Department. The Department of Finance considers it
necessary to consult with this Department and provide them with the
opportunity to comment on the documents.
As such, we are seeking an extension of time of 30 days under section
15AA of the FOI Act to finalise your request. Currently, a decision on
your request is due on 5 July 2024. If you agree to our request for an
extension of time, a decision will be due by COB 5 August 2024. If we
can provide you with a response sooner, we will do so.
We would be grateful if you could please indicate whether you agree to the
requested extension of time by COB 3 July 2024, if possible.
If you have any questions or concerns, please contact us at:
[1][email address].
Kind regards,
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
E: [2][email address]
A: One Canberra Avenue, Forrest ACT 2603
From: FOI Requests <[email address]>
Sent: Friday, June 21, 2024 4:10 PM
To: Me <[FOI #11488 email]>
Cc: FOI Requests <[email address]>
Subject: FOI 23-24/160 - Acknowledgement of your FOI request
[SEC=OFFICIAL]
OFFICIAL
Dear “Me”
Freedom of Information Request – FOI 23-14/160
Thank you for your email to the Department of Finance (Finance) requesting
access to documents under the Freedom of Information Act 1982 (FOI Act).
The full scope of your request is attached.
General FOI matters
Your request was received by Finance on 5 June 2024. The statutory period
for processing your request commences from the day after Finance received
your request and a decision is due on 5 July 2024. The processing period
may be extended if we need to consult third parties, impose a charge or
for other reasons. We will advise you if this happens.
Liability to pay a charge
You will be notified of any charges in relation to your request as soon as
possible, before we process any requested documents or impose a final
charge.
Publication
Documents provided to you under the FOI Act may be published on our
[3]disclosure log, unless an exemption applies or the documents are
characterised as containing personal information.
Please contact the FOI Team on the below contact details if you wish to
discuss your request.
Kind regards
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.finance.gov.au/about-us/free...
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Good afternoon,
Please find attached a decision letter and documents released to you in
response to your FOI request (our ref: FOI 23-24/160).
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603
Dear FOI Requests,
Thanks for this.
The disclosed documents are helpful and I appreciate it.
It’s clear the decision has also been made properly, with genuine consideration and/or proper justification of redactions (put another way, this is no cut and paste decision)
At the same time, I don’t agree with all the redactions. I intend to submit a (confined) internal review.
Before that, I note that several pages redacted in full list multiple exemption categories. Per IC Guidelines, that’s not allowed (/permitted/recommended/such). Where an exemption is given, it must be given against the specific information/text it applies to.
In part, this assists in confining internal reviews - if the exemptions on one basis are minor, it’s less necessary to seek review of that exemption.
It’s also the case that entities have to choose their best horse - they can’t redact the same text on multiple bases.
Could I please request you resupply the documents such that it is clear which exemption applies to which redacted text.
Yours sincerely,
Me
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
Dear Department of Finance,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Finance's handling of my FOI request 'Finance AoG decisions re: ASIC (23-24/034 follow ups)'.
Please provide the documents with each redaction given only one exemption. This is a ground of internal review.
On receiving the documents in that manner, I intend to submit further points of internal review. If Finance finalise the internal review without considering the further points, I will progress to IC review
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/f...
Yours faithfully,
Me
Thank you for your email, which has been forwarded to the Department’s FOI
Team for their consideration. A member of the FOI Team will respond to
your email in the next couple of days.
Kind regards
FOI Coordinator
OFFICIAL
Good afternoon,
Thank you for your email requesting internal review of the Department of
Finance’s decision in FOI 23-24/160.
Please find attached an internal review decision letter and documents
released to you on internal review.
Kind regards,
FOI Team
FOI Officer | Legal and Assurance Branch
Business Enabling Services
Department of Finance
A: One Canberra Avenue, Forrest ACT 2603