Finance AoG decisions re: ASIC (23-24/034 follow ups)

Response to this request is delayed. By law, Department of Finance should normally have responded promptly and by (details)

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

FOI Requests, Department of Finance

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

 

FOI Requests, Department of Finance

2 Attachments

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...

FOI Requests, Department of Finance

1 Attachment

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...

Dear FOI Requests,

Sure, extension granted

Yours sincerely,

Me

FOI Requests, Department of Finance

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