Information about AEC inquiries since 2005

Brendan Manning made this Freedom of Information request to Australian Electoral Commission

Response to this request is long overdue. By law, under all circumstances, Australian Electoral Commission should have responded by now (details). You can complain by requesting an internal review.

From: Brendan Manning

Delivered

Dear Australian Electoral Commission,
It has previously been reported that political parties, associated entities or donors have requested an amendment to their annual returns as a result of an AEC inquiry [1].

With the possibility of donors and political parties not submitting an amendment as a result of an AEC inquiry I request a summary of every AEC inquiry conducted into individual donors, political parties and associated entities since 1 July 2005.

I believe that in releasing this information, further clarity will be brought to previous statements made by you [2]. Thus such a release of the information is in the public interest.

Yours faithfully,

Brendan Manning.

1: http://www.aph.gov.au/~/media/Committees...

2: http://www.aec.gov.au/about_aec/Publicat...

Link to this

Australian Electoral Commission

Thank you for contacting us.

This is an automatic response from the Australian Electoral Commission to confirm we have received your email.

For more information on enrolling to vote, federal elections or the AEC, visit www.aec.gov.au.

Please do not respond to this email.

Link to this

From: Antonia Exposito
Australian Electoral Commission

UNCLASSIFIED
 
 
Dear Brendan
 
I refer to your email received in this office on 23 August 2016, which you
request (‘FOI Request’) for access to documents relating to inquiries into
individual donors of political parties under the Freedom of Information
Act 1982 (‘FOI Act’).
I have taken your request to be for:
 

 1. A summary of every AEC inquiry conducted into individual donors,
political parties and associated entities since 1 July 2005.

 
The 30 day statutory period for processing your request commenced from the
day after that date. You should therefore expect a decision from us by 22
September 2016. The period of 30 days may be extended if we need to
consult third parties, impose a charge or for other reasons. We will
advise you if this happens.
 
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.
 
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]http://www.aec.gov.au/information-access..., subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)
 
We will contact you using the  email address and phone number  that you
provided. Please advise if you would prefer us to use an alternative means
of contact. If you have any questions, please contact me. My contact
details appear below.
 
Regards
 
Antonia Exposito | Administrative Assistant
Legal Services Section | Legal & Procurement Branch
Australian Electoral Commission
T: (02) 6271 4405
 
 
 

show quoted sections

Link to this

From: Antonia Exposito
Australian Electoral Commission


Attachment image001.gif
4K Download

Attachment image003.gif
0K Download

Attachment image005.png
31K Download

Attachment image006.png
0K Download


UNCLASSIFIED

 

Dear Brendan

I refer to your email received in this office on 23 August 2016, which you
request (‘FOI Request’) for access to documents relating to inquiries into
individual donors of political parties under the [1]Freedom of Information
Act 1982 (‘FOI Act’).

 

I have interpreted your FOI Request to seek:

A summary of every AEC inquiry conducted into individual donors, political
parties and associated entities since 1 July 2005.

The 30 day statutory period for processing your request commenced from the
day after that date. You should therefore expect a decision from us by 22
September 2016. The period of 30 days may be extended if we need to
consult third parties, impose a charge or for other reasons. We will
advise you if this happens.

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.

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[2]http://www.aec.gov.au/information-access..., subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)

We will contact you using the email address and phone number that you
provided. Please advise if you would prefer us to use an alternative means
of contact. If you have any questions, please contact me. My contact
details appear below.

Regards

 

                    Antonia Exposito | Administrative Assistant

                    Legal Services Section | Legal & Procurement Branch

                    Australian Electoral Commission

                    T: (02) 6271 4405 | (02) 6293 7657

                   

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

[3]Australian Electoral Commission logo [4]Australian Electoral Commission

                UNCLASSIFIED

show quoted sections

Link to this

From: Brendan Manning

Delivered

Dear Antonia Exposito,

I wish to refine my request to the following documents listed in your Harradine report:

1. http://www.aec.gov.au/about_aec/Publicat...
2. http://www.aec.gov.au/about_aec/Publicat...

2013/00187: FUNDING AND DISCLOSURE - Compliance Audit - Political Parties - National Party of Australia ( Federal Secretariat )

2013/00191: FUNDING AND DISCLOSURE - Compliance Audit - Associated Entities -The Sydney Small Business Club

2012/00180: FUNDING AND DISCLOSURE – Returns Management – Donor Discrepancies – Compliance Section – 2010 / 2011 Financial Year Annual Returns

2012/00089: FUNDING AND DISCLOSURE – Compliance Audit – Associated Entities – 1973 Foundation Pty Ltd

Please treat this as a request for administrative access. If for some reason the request cannot be dealt with in this way, please treat it as a formal application under the Freedom of Information Act.

Yours sincerely,

Brendan Manning

Link to this

From: Antonia Exposito
Australian Electoral Commission


Attachment image001.gif
4K Download

Attachment image003.png
31K Download

Attachment image005.gif
0K Download

Attachment image006.png
0K Download

Attachment 20160927 Decision Letter Manning.pdf
847K Download View as HTML


UNCLASSIFIED

 

Dear Mr Manning

 

I refer to your email dated 22 August 2016 4:48pm, to the Australian
Electoral Commission (‘AEC’) in which you request (your ‘FOI Request’)
access under the [1]Freedom of Information Act 1982 (the ‘FOI Act’) to
documents relating to inquiries into individual donors of political
parties.

 

I enclose a scanned letter dated 27 September 2016 from Paul Pirani, Chief
Legal Officer, AEC, notifying you of his decision on your FOI Request.

 

Regards

 

 

Antonia Exposito | Administrative Assistant

Legal Services Section | Legal & Procurement Branch

Australian Electoral Commission

T: (02) 6271 4405 | F: (02) 6293 7657

show quoted sections

Link to this

From: Brendan Manning

Delivered

Dear Antonia,

Thank you for the reply to my original request. I am satisfied with the outcome and the information I received in response to the request.

I still wish to continue my request to the following documents listed in your Harradine report:

1. http://www.aec.gov.au/about_aec/Publicat...
2. http://www.aec.gov.au/about_aec/Publicat...

2013/00187: FUNDING AND DISCLOSURE - Compliance Audit - Political Parties - National Party of Australia ( Federal Secretariat )

2013/00191: FUNDING AND DISCLOSURE - Compliance Audit - Associated Entities -The Sydney Small Business Club

2012/00180: FUNDING AND DISCLOSURE – Returns Management – Donor Discrepancies – Compliance Section – 2010 / 2011 Financial Year Annual Returns

2012/00089: FUNDING AND DISCLOSURE – Compliance Audit – Associated Entities – 1973 Foundation Pty Ltd

Please treat this as a request for administrative access. If for some reason the request cannot be dealt with in this way, please treat it as a formal application under the Freedom of Information Act.

Yours sincerely,

Brendan Manning

Link to this

From: Antonia Exposito
Australian Electoral Commission

UNCLASSIFIED
 
Dear Brendan
 
Please accept my apology for my tardiness in officially acknowledging your
FOI request.
 
I refer to your email received in this office on 26 September 2016, which
you request (‘FOI Request’) for access to documents listed in the
Harradine report under the Freedom of Information Act 1982 (‘FOI Act’).
I have taken your request to be for:
 
Documents listed on the AEC’s website in the Harradine report:
 
•             2013/00187: FUNDING AND DISCLOSURE - Compliance Audit -
Political Parties - National Party of Australia ( Federal Secretariat )
•             2013/00191: FUNDING AND DISCLOSURE - Compliance Audit -
Associated Entities -The Sydney Small Business Club
•             2012/00180: FUNDING AND DISCLOSURE – Returns Management –
Donor Discrepancies – Compliance Section – 2010 / 2011 Financial Year
Annual Returns (2 parts)
•             2012/00089: FUNDING AND DISCLOSURE – Compliance Audit –
Associated Entities – 1973 Foundation Pty Ltd
 
The 30 day statutory period for processing your request commenced from the
day after that date. You should therefore expect a decision from us by 27
October 2016. The period of 30 days may be extended if we need to consult
third parties, impose a charge or for other reasons. We will advise you if
this happens.
 
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.
 
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]http://www.aec.gov.au/information-access..., subject to certain
exceptions. (For example, personal information will not be published where
this would be unreasonable.)
 
We will contact you using the  email address and phone number  that you
provided. Please advise if you would prefer us to use an alternative means
of contact. If you have any questions, please contact me. My contact
details appear below.
 
Regards
 
Antonia Exposito | Administrative Assistant
Legal Services Section | Legal & Procurement Branch
Australian Electoral Commission
T: (02) 6271 4405
UNCLASSIFIED
 
 

 

DISCLAIMER:

If you have received this transmission in error please notify us
immediately by return email and delete all copies. If this email or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the email or attachments.

 

References

Visible links
1. http://www.aec.gov.au/information-access...

Link to this

From: Brendan Manning

Delivered

Dear Antonia Exposito,

Thank you for acknowledging my updated FOI request.

If you need further information or assistance feel free to contact me through the email address provided.

Yours sincerely,

Brendan Manning

Link to this

From: Owen Jones
Australian Electoral Commission


Attachment image001.gif
4K Download

Attachment image003.gif
0K Download

Attachment image005.png
30K Download

Attachment image006.png
0K Download


                UNCLASSIFIED

Brendan Manning

Right to Know Organisation

Dear Mr Manning

I refer to your email of 28 September 2016 in which you request (‘FOI
Request’) to the Australian Electoral Commission (‘AEC’) for access to
certain files under the Freedom of Information Act 1982 (FOI Act).

As your request covers documents that contain information concerning the
business, commercial or financial affairs of an organisation, or a
person’s business or professional affairs the AEC is required to consult
with the person or organisation concerned (under section 27 of the FOI
Act) before making a decision on the release of those documents.

For this reason the period for processing your request has been extended
by 30 days in order to allow our agency time to consult with that person
or organisation (section 15(6) of the FOI Act). The processing period for
your request will now end on 28 November 2016.

The consultation mechanism under section 27 applies when we believe the
person or organisation concerned may wish to contend that the requested
documents are exempt because their release would disclose trade secrets or
commercially valuable information or may adversely affect their business
or financial affairs. We will take into account any comments we receive
from the person or organisation but the final decision about whether to
grant you access to the documents you requested rests with the AEC.

More information about exemptions under the FOI Act is available in Fact
Sheet 8 on the Office of the Australian Information Commissioner’s
website:
[1]www.oaic.gov.au/freedom-of-information/foi-resources/freedom-of-information-fact-sheets/.

Regards

Owen Jones

Owen Jones | Senior Lawyer

Legal Services Section | Legal and Procurement Branch

Australian Electoral Commission

T: (02) 6271 4528 | F: (02) 6293 7657

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

[2]Australian Electoral Commission logo [3]Australian Electoral
Commission

This email may contain legal advice that is subject to legal professional
privilege. Care should be taken to avoid unintended waiver of that
privilege. The Australian Electoral Commission’s Chief Legal Officer
should be consulted prior to any decision to disclose the existence or
content of any advice contained in this email to a third party.

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

 

 

show quoted sections

Link to this

From: Owen Jones
Australian Electoral Commission


Attachment image001.gif
4K Download

Attachment image003.gif
0K Download

Attachment image002.png
30K Download

Attachment image004.png
0K Download

Attachment 20161108 LS5778 Letter to B Manning notifying charges.pdf
1.2M Download View as HTML


                UNCLASSIFIED

Dear Mr Manning

I refer to your request, in your email of 28 September 2016 1:31 PM, to
the Australian Electoral Commission (the ‘AEC’) for access to five AEC
files under the [1]Freedom of Information Act 1982 (the ‘FOI Act’).

I attach a scanned letter dated 8 November 2016 to you notifying you of my
decision to impose a charge for processing your FOI Request.

Regards

Owen Jones

Owen Jones | Senior Lawyer

Legal Services Section | Legal and Procurement Branch

Australian Electoral Commission

T: (02) 6271 4528 | F: (02) 6293 7657

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

[2]Australian Electoral Commission logo [3]Australian Electoral
Commission

This email may contain legal advice that is subject to legal professional
privilege. Care should be taken to avoid unintended waiver of that
privilege. The Australian Electoral Commission’s Chief Legal Officer
should be consulted prior to any decision to disclose the existence or
content of any advice contained in this email to a third party.

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

 

show quoted sections

Link to this

From: Brendan Manning

Delivered

Dear Owen Jones,

Apologies for the late reply. I refer to your response, in your email of 08 November 2016, to my request for access to five AEC files under the [1]Freedom of Information Act 1982 (the ‘FOI Act’).

Due to the high cost of completing such a request and the demand of resources it would place on AEC staff leading up to the holiday period I wish to revise the scope of my request to document 3(d). I'm pleased to extend the period for processing my request to end on 12 December 2016.

2013/00187: FUNDING AND DISCLOSURE - Compliance Audit -
Political Parties - National Party of Australia ( Federal Secretariat )

A revised assessment of charges would be appreciated.

Kind Regards,

Brendan Manning

Yours sincerely,

Brendan Manning

Link to this

From: Owen Jones
Australian Electoral Commission


Attachment image001.gif
4K Download

Attachment image003.gif
0K Download

Attachment image002.png
30K Download

Attachment image004.png
0K Download


                UNCLASSIFIED

Dear Mr Manning

Thank you for your email of 25 November 2016 9:39 AM about your FOI
Request.

As I understand your FOI Request is for access to the following AEC files:

·             2013/00187: FUNDING AND DISCLOSURE - Compliance Audit -
Political Parties - National Party of Australia ( Federal Secretariat )

·             2013/00191: FUNDING AND DISCLOSURE - Compliance Audit -
Associated Entities -The Sydney Small Business Club

·             2012/00180: FUNDING AND DISCLOSURE – Returns Management –
Donor Discrepancies – Compliance Section – 2010 / 2011 Financial Year
Annual Returns

·             2012/00089: FUNDING AND DISCLOSURE – Compliance Audit –
Associated Entities – 1973 Foundation Pty Ltd

I am puzzled by your indication that:

I wish to revise the scope of my request to document 3(d).

Is your reference to ‘document 3(d) a reference to AEC file 2013/00187? If
not, to what does it refer?

Regards

Owen Jones

Owen Jones | Senior Lawyer

Legal Services Section | Legal and Procurement Branch

Australian Electoral Commission

T: (02) 6271 4528 | F: (02) 6293 7657

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

[1]Australian Electoral Commission logo [2]Australian Electoral
Commission

This email may contain legal advice that is subject to legal professional
privilege. Care should be taken to avoid unintended waiver of that
privilege. The Australian Electoral Commission’s Chief Legal Officer
should be consulted prior to any decision to disclose the existence or
content of any advice contained in this email to a third party.

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

 

show quoted sections

Link to this

From: Brendan Manning

Delivered

Dear Owen Jones,

Yes. I am referring to AEC file 2013/00187 and would very much like to proceed with my request for this document while discarding my request for AEC Files 2013/00191, 2012/00180 & 2012/00089.

Apologies for any confusion this may have caused.

Yours sincerely,

Brendan Manning

Link to this

From: Owen Jones
Australian Electoral Commission


Attachment image001.gif
4K Download

Attachment image003.gif
0K Download

Attachment image005.png
30K Download

Attachment image006.png
0K Download

Attachment 20161201 LS5778 Letter to B Manning notifying revised charges.pdf
1.2M Download View as HTML


                UNCLASSIFIED

Dear Mr Manning

I refer to your emails of 25 November 2016 (at 9:47 AM and 10:58 AM) in
which you reduced the scope of your FOI Request and asked for a revised
calculation of the charges to be imposed in light of the reduced scope.

I am forwarding my scanned letter to you dated 1 December 2016 notifying
you of my decision about imposing charges in respect of the revised FOI
Request.

Regards

Owen Jones

Owen Jones | Senior Lawyer

Legal Services Section | Legal and Procurement Branch

Australian Electoral Commission

T: (02) 6271 4528 | F: (02) 6293 7657

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

[1]Australian Electoral Commission logo [2]Australian Electoral
Commission

This email may contain legal advice that is subject to legal professional
privilege. Care should be taken to avoid unintended waiver of that
privilege. The Australian Electoral Commission’s Chief Legal Officer
should be consulted prior to any decision to disclose the existence or
content of any advice contained in this email to a third party.

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

 

show quoted sections

Link to this

From: Owen Jones
Australian Electoral Commission


Attachment image001.gif
4K Download

Attachment image003.gif
0K Download

Attachment image002.png
30K Download

Attachment image004.png
0K Download


                UNCLASSIFIED

Dear Mr Manning

Thank you for your email of 1 December 2016 12:32 PM and payment of the
charges for processing your FOI Request.

Time has re-commenced for processing your FOI Request.

As your request was received on 28 September 2016, the processing period
started on the following day. There was a 30 day extension of the
processing period to allow the AEC to consult affected third parties. That
period was due to expire on 27 November 2016. However the processing
period was halted on 8 November 2016 until today because charges were
imposed and you were consulted about how you wished to have the FOI
Request dealt with by the AEC.

You may therefore now expect a decision from the AEC on your FOI Request
by 20 December 2016.

Regards

Owen Jones

Owen Jones | Senior Lawyer

Legal Services Section | Legal and Procurement Branch

Australian Electoral Commission

T: (02) 6271 4528 | F: (02) 6293 7657

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

[1]Australian Electoral Commission logo [2]Australian Electoral
Commission

This email may contain legal advice that is subject to legal professional
privilege. Care should be taken to avoid unintended waiver of that
privilege. The Australian Electoral Commission’s Chief Legal Officer
should be consulted prior to any decision to disclose the existence or
content of any advice contained in this email to a third party.

show quoted sections

Link to this

From: Antonia Exposito
Australian Electoral Commission


Attachment image001.gif
4K Download

Attachment image002.gif
0K Download

Attachment LS5778 Released Document No 1.pdf
386K Download View as HTML

Attachment LS5778 Released Document No 4.pdf
273K Download View as HTML

Attachment 20161220 LS5778 AEC Decision B Manning.pdf
4.1M Download View as HTML


UNCLASSIFIED

 

Dear Mr Manning,

 

I refer to your email dated 25 November 2016 10:58am, to the Australian
Electoral Commission (‘AEC’) in which you request (your ‘FOI Request’)
access under the [1]Freedom of Information Act 1982 (the ‘FOI Act’) to
information contained in an AEC file.

 

I enclose two scanned relevant documents and a letter dated 20 December
2016, from Owen Jones, Senior Lawyer, AEC, notifying you of his decision
on your FOI Request.

 

Regards

 

 

Antonia Exposito | Administrative Assistant

Legal Services Section | Legal & Procurement Branch

Australian Electoral Commission

T: (02) 6271 4405 | F: (02) 6293 7657

show quoted sections

Link to this

Things to do with this request

Anyone:
Australian Electoral Commission only: