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Records relating to Building Code compliance activities involving Hutchinson Builders.

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Dear Australian Building and Construction Commission,

Please provide a copy of the documents referred to in the Disclosure Log

26 June 2019 Records relating to Building Code compliance activities involving Hutchinson Builders. 4 documents released in part.

4 June 2019 Records relating to Building Code compliance activities involving Hutchinson Builders. 12 documents released in full, 26 documents released in part.

Yours faithfully,

JS

ABCC - FOI, Australian Building and Construction Commission

OFFICIAL
Dear JS

We refer to your email requesting access to documents released under FOI on 4 June 2019 and 26 June 2019.

Although a summary of the documents released on 4 June 2019 and 26 June 2019 is listed in our FOI disclosure log, the obligation to publish in section 11C of the Freedom of Information Act 1982 (FOI Act) does not apply to the information contained in these documents.

Section 11C of the FOI Act does not apply as it would be unreasonable to publish personal information and business affairs information contained in the documents: see ss 11C(1)(a) and (b).

If you remain interested in reviewing the documents to which access was granted, it is open to you to make a request under section 15 of the FOI Act for access to the documents.

Regards

FOI section
Australian Building and Construction Commission
Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: 1800 003 338 | Web: abcc.gov.au
The ABCC acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to the people, the cultures and the elders past, present and emerging.

 

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Dear ABCC - FOI,

OAIC Guidelines: The decisions to grant access to documents under the FOI Act, and to publish information in a disclosure log, are separate decisions. There are two important differences in the FOI Act procedures applying to both decisions. First, only a person ‘authorised’ under s 23 can decide to grant or refuse access in response to a request. By contrast, the FOI Act does not specify who is to make a decision concerning notification of a decision on the disclosure log (including whether to delete material that would be unreasonable to publish).

In June 2019 FOI applicants were granted access to documents by the ABCC. Sometime later the release of the documents on the 4th and 26th June 2019 to the FOI applicants was reflected in the ABCC Disclosure Log. Contrary to statements on its website about access to the documents the ABCC has declined to provide copies of the released documents. Information about the release of the documents by the ABCC in June 2019 is not now published in the disclosure log,

Under FOI I seek access to documents concerning or relating to the decisions by the ABCC to publish information in the Disclosure log about the release of documents to FOI applicants on:
1) 26 June 2019 Records relating to Building Code compliance activities involving Hutchinson Builders. 4 documents released in part.
2) 4 June 2019 Records relating to Building Code compliance activities involving Hutchinson Builders. 12 documents released in full, 26 documents released in part.

I also seek access to documents concerning or relating to the decisions by the ABCC to remove from its disclosure log the information about the release of documents on the 4th and 26th of June 2019.

Yours sincerely,

JS

ABCC - FOI, Australian Building and Construction Commission

OFFICIAL
Dear JS

We refer to your email dated 27 October 2020 to the Australian Building and Construction Commission (ABCC) in which you sought access to documents under the Freedom of Information Act 1982 (Cth) (FOI Act) (the FOI Request).

We confirm receipt of the FOI Request pursuant to subsection 15(5) of the FOI Act.

We note that section 15 of the FOI Act sets out applicable timeframes for the processing of requests made under the FOI Act.

Should you have any questions regarding the FOI Request, please contact us by reply email.

Regards

FOI section
Australian Building and Construction Commission
Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: 1800 003 338 | Web: abcc.gov.au
The ABCC acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to the people, the cultures and the elders past, present and emerging.

 

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ABCC - FOI, Australian Building and Construction Commission

4 Attachments

OFFICIAL
Dear JS

Please find attached further correspondence.

Regards

FOI section
Australian Building and Construction Commission
Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: 1800 003 338 | Web: abcc.gov.au
The ABCC acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to the people, the cultures and the elders past, present and emerging.

show quoted sections

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