Information held by the department on a company called Lamattina

Michael Johnstone made this Freedom of Information request to Australian Taxation Office

The request was refused by Australian Taxation Office.

From: Michael Johnstone

Delivered

Dear Australian Taxation Office,

I would like to request a copy of any information that the department has from the 2015/16 tax year for:

THE LAMATTINA GROUP
VIC B1970586S

LAMATTINA SUPERANNUATION PTY LTD
ACN 159 928 177

ANGELO R LAMATTINA PTY LTD
ACN 610 694 178

ANTHONY R LAMATTINA PTY LTD
ACN 610 690 287

JOSEPHINE T LAMATTINA PTY LTD
ACN 610 689 846

ROBERT A LAMATTINA PTY LTD
ACN 610 690 063

RUSSELL R LAMATTINA PTY LTD
ACN 610 690 036

D LAMATTINA INVESTMENTS PTY LTD
ACN 602 723 704

R & T LAMATTINA PTY. LTD.
ACN 007 418 948

Yours faithfully,

Michael

Link to this

From: Michael Johnstone

Delivered

Dear Australian Taxation Office,

I would like to add this registered company to the list as well:

A & G LAMATTINA & SONS PTY. LTD.
ACN 005 830 357

Yours faithfully,

Michael Johnstone

Link to this

From: FOI
Australian Taxation Office

Dear Mr Johnstone,
 
The ATO does not process FOI requests received via righttoknow.org.au.
Please send your FOI request direct to [1][ATO request email], or lodge via
paper form available at
[2]https://www.ato.gov.au/uploadedFiles/Con....
Alternatively, you can contact the ATO on 13 28 69 and ask for Freedom of
Information.
 
Regards,
 
FOI Team
 
 

show quoted sections

References

Visible links
1. mailto:[ATO request email]
2. https://www.ato.gov.au/uploadedFiles/Con...

Link to this

Ben Fairless left an annotation ()

The Information Commissioner has made a formal recommendation to the ATO to start processing to Freedom of Information requests made via Right to Know. More Information on this can be found here: https://www.openaustraliafoundation.org....

Link to this

Locutus Sum left an annotation ()

My comment is an addition to the comments by Mr. Fairless. I also make a specific suggestion.

Although the Australian Taxation Office wrote to the applicant to say that the Office would not process the application, something did happen. The thing that happened was that 30 days after the date when the application was lodged, section 15AC(3) of the Freedom of Information Act 1982 (Cth) had the effect of making a "deemed decision" to refuse the request ... this is unless the Commissioner grants more time.

Because of the effect of the Act, I make the following suggestions to the applicant:
(1) Do not write to the Australian Taxation Office and complain that a decision on your request is "overdue". It is not. A deemed decision was made 30 days after you lodged the application.
(2) Instead, use this Right to Know page (or you can create a new request page) to write exactly the same request to the Australian Taxation Office. If you want to grumble, then you can always say (in the new request email) that you made the same request earlier on this-and-then date.

I make this suggestion because if you only write and complain that your request is "overdue", then after a delay, the Australian Taxation Office might (correctly) write back to you and say, "No it is not". Of course, the purpose of this would be to delay to process your request (because the office will now have suddenly a lot of requests) but it will still have the effect that you must lodge a new request. Therefore, you can lose nothing to use this Right to Know page to make a new request now! It will start the clock again.

Link to this

From: FOI
Australian Taxation Office


Attachment ResponseRePersonalInfo.pdf
52K Download View as HTML


Dear Applicant,
 
 
 
 
 
Regards,
 
FOI Team
 
 
 
 

show quoted sections

Link to this

Locutus Sum left an annotation ()

In the annotation at this place ( https://www.righttoknow.org.au/request/s... ) I questioned the conclusion of Mr Fairless that the ATO was still not properly processing requests. Now I am not so sure. There are several serious problems with the ATO response here. Number 1, it is an access refusal decision but it gives the applicant not information about his rights for review of the decision. Number 2, it is a refusal decision that does not give a clear explanation of the basis for the refusal under the FOI Act. Number 3, it does not comply with the guidelines of the OAIC because it does not say who is making this decision. Maybe another complaint to the Information Commissioner is required.

Link to this

Things to do with this request

Anyone:
Australian Taxation Office only: