Records relating to Building Code compliance activities involving Hutchinson Builders.

The request was partially successful.

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.

 

show quoted sections

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.

 

show quoted sections

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

Dear ABCC - FOI,

Thank you for the decision and documents.

I believe all relevant documents may not been released. Emails between ABCC employees relating to uploading of content to FOI Disclosure Log for the entries dated 4th and 26th June 2019 have not been released. Document 1 suggests such documents exist.

The FOI application appears to have opened Pandora’s box. Of six disclosure log references detailed in a table in document 2 five have now been deleted from the FOI Disclosure Log. That is entries in the Disclosure Log for 9/5/2018, 4/6/2019, 26/6/2019, 18/8/2019 and 2/12/2019 no longer appear. And, an entry for documents released on 28/5/2019 (see document 1) has also vanished from the Disclosure Log.

During 2018/2019 ABCC employees decided on six occasions to upload to the Disclosure Log details of documents released under FOI. In 2020 ABCC employees decided to overturn the six 2018/2019 decisions and delete the six entries in the Disclosure Log. Reasons for the 2020 decisions redacted and remain secret.

The Disclosure Log contains this entry:

14 June 2016 Interaction between Fair Work Building and Construction and Fair Work Ombudsman, Department of Employment and other agencies. 10 documents released in full, 22 documents released in part.

Please provide a copy of the documents released on 14 June 2016.

Yours sincerely,

JS

ABCC - FOI, Australian Building and Construction Commission

14 Attachments

OFFICIAL

 

Dear JS

 

We refer to your email dated 23 January 2021.

 

We note that the disclosure log entry (dated 14 June 2016) pertains to
total set of 32 documents.

 

We also note that due to the size of the documents as combined, we will
send the total set of documents by way of a number emails to avoid
technical difficulties.

 

Please find attached here: Document 1 through to (and including) Document
10.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [1]1800 003 338 | Web: [2]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.

[3]cid:image005.png@01D41514.88D49770
[4]cid:image006.png@01D41514.88D49770

 

[5]cid:image007.jpg@01D41514.88D49770   [6]cid:image008.jpg@01D41514.88D49770

 

 

 

 

show quoted sections

ABCC - FOI, Australian Building and Construction Commission

9 Attachments

OFFICIAL

 

Dear JS

 

Please find attached here: Document 11 through to (and including) Document
15.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [1]1800 003 338 | Web: [2]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.

[3]cid:image005.png@01D41514.88D49770
[4]cid:image006.png@01D41514.88D49770

 

[5]cid:image007.jpg@01D41514.88D49770   [6]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:36 PM
To: JS <[FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

We refer to your email dated 23 January 2021.

 

We note that the disclosure log entry (dated 14 June 2016) pertains to
total set of 32 documents.

 

We also note that due to the size of the documents as combined, we will
send the total set of documents by way of a number emails to avoid
technical difficulties.

 

Please find attached here: Document 1 through to (and including) Document
10.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [7]1800 003 338 | Web: [8]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.

[9]cid:image005.png@01D41514.88D49770
[10]cid:image006.png@01D41514.88D49770

 

[11]cid:image007.jpg@01D41514.88D49770   [12]cid:image008.jpg@01D41514.88D49770

 

 

 

 

show quoted sections

ABCC - FOI, Australian Building and Construction Commission

6 Attachments

OFFICIAL

 

Dear JS

 

Please find attached here: Document 16 and Document 17.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [1]1800 003 338 | Web: [2]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.

[3]cid:image005.png@01D41514.88D49770
[4]cid:image006.png@01D41514.88D49770

 

[5]cid:image007.jpg@01D41514.88D49770   [6]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:39 PM
To: 'JS' <[FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

Please find attached here: Document 11 through to (and including) Document
15.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [7]1800 003 338 | Web: [8]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.

[9]cid:image005.png@01D41514.88D49770
[10]cid:image006.png@01D41514.88D49770

 

[11]cid:image007.jpg@01D41514.88D49770   [12]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:36 PM
To: JS <[13][FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

We refer to your email dated 23 January 2021.

 

We note that the disclosure log entry (dated 14 June 2016) pertains to
total set of 32 documents.

 

We also note that due to the size of the documents as combined, we will
send the total set of documents by way of a number emails to avoid
technical difficulties.

 

Please find attached here: Document 1 through to (and including) Document
10.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [14]1800 003 338 | Web: [15]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.

[16]cid:image005.png@01D41514.88D49770
[17]cid:image006.png@01D41514.88D49770

 

[18]cid:image007.jpg@01D41514.88D49770   [19]cid:image008.jpg@01D41514.88D49770

 

 

 

 

show quoted sections

ABCC - FOI, Australian Building and Construction Commission

7 Attachments

OFFICIAL

 

Dear JS

 

Please find attached here: Document 18 through to (and including) Document
20.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [1]1800 003 338 | Web: [2]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.

[3]cid:image005.png@01D41514.88D49770
[4]cid:image006.png@01D41514.88D49770

 

[5]cid:image007.jpg@01D41514.88D49770   [6]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:42 PM
To: 'JS' <[FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

Please find attached here: Document 16 and Document 17.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [7]1800 003 338 | Web: [8]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.

[9]cid:image005.png@01D41514.88D49770
[10]cid:image006.png@01D41514.88D49770

 

[11]cid:image007.jpg@01D41514.88D49770   [12]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:39 PM
To: 'JS' <[13][FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

Please find attached here: Document 11 through to (and including) Document
15.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [14]1800 003 338 | Web: [15]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.

[16]cid:image005.png@01D41514.88D49770
[17]cid:image006.png@01D41514.88D49770

 

[18]cid:image007.jpg@01D41514.88D49770   [19]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:36 PM
To: JS <[20][FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

We refer to your email dated 23 January 2021.

 

We note that the disclosure log entry (dated 14 June 2016) pertains to
total set of 32 documents.

 

We also note that due to the size of the documents as combined, we will
send the total set of documents by way of a number emails to avoid
technical difficulties.

 

Please find attached here: Document 1 through to (and including) Document
10.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [21]1800 003 338 | Web: [22]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.

[23]cid:image005.png@01D41514.88D49770
[24]cid:image006.png@01D41514.88D49770

 

[25]cid:image007.jpg@01D41514.88D49770   [26]cid:image008.jpg@01D41514.88D49770

 

 

 

 

show quoted sections

ABCC - FOI, Australian Building and Construction Commission

16 Attachments

OFFICIAL

 

Dear JS

 

Please find attached:

·       Document 21

·       Document 22

·       Document 23

·       Document 24

·       Document 25

·       Document 26

·       Document 27

·       Document 28

·       Document 29

·       Document 32

·       Document 35

·       Document 38.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [1]1800 003 338 | Web: [2]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.

[3]cid:image005.png@01D41514.88D49770
[4]cid:image006.png@01D41514.88D49770

 

[5]cid:image007.jpg@01D41514.88D49770   [6]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:44 PM
To: 'JS' <[FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

Please find attached here: Document 18 through to (and including) Document
20.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [7]1800 003 338 | Web: [8]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.

[9]cid:image005.png@01D41514.88D49770
[10]cid:image006.png@01D41514.88D49770

 

[11]cid:image007.jpg@01D41514.88D49770   [12]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:42 PM
To: 'JS' <[13][FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

Please find attached here: Document 16 and Document 17.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [14]1800 003 338 | Web: [15]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.

[16]cid:image005.png@01D41514.88D49770
[17]cid:image006.png@01D41514.88D49770

 

[18]cid:image007.jpg@01D41514.88D49770   [19]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:39 PM
To: 'JS' <[20][FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

Please find attached here: Document 11 through to (and including) Document
15.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [21]1800 003 338 | Web: [22]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.

[23]cid:image005.png@01D41514.88D49770
[24]cid:image006.png@01D41514.88D49770

 

[25]cid:image007.jpg@01D41514.88D49770   [26]cid:image008.jpg@01D41514.88D49770

 

 

 

 

 

From: ABCC - FOI
Sent: Friday, 29 January 2021 3:36 PM
To: JS <[27][FOI #6743 email]>
Subject: RE: Freedom of Information request - Records relating to Building
Code compliance activities involving Hutchinson Builders. [SEC=OFFICIAL]

 

OFFICIAL

 

Dear JS

 

We refer to your email dated 23 January 2021.

 

We note that the disclosure log entry (dated 14 June 2016) pertains to
total set of 32 documents.

 

We also note that due to the size of the documents as combined, we will
send the total set of documents by way of a number emails to avoid
technical difficulties.

 

Please find attached here: Document 1 through to (and including) Document
10.

 

Regards

 

FOI section

Australian Building and Construction Commission

Postal address: GPO Box 9927, Melbourne VIC 3004
Hotline: [28]1800 003 338 | Web: [29]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.

[30]cid:image005.png@01D41514.88D49770
[31]cid:image006.png@01D41514.88D49770

 

[32]cid:image007.jpg@01D41514.88D49770   [33]cid:image008.jpg@01D41514.88D49770

 

 

 

 

show quoted sections

Dear ABCC - FOI,

Thank you for the documents.

With the removal of the entries dated 9/5/2018, 4/6/2019, 26/6/2019, 18/8/2019 and 2/12/2019 and 28/5/2019 from the Disclosure Log by happy coincidence all of the released documents that the ABCC did not upload to its Disclosure Log since October 2017 are available on the righttoknow website.

26 November 2020
Documents concerning or relating to certain decisions regarding the publishing of information on the ABCC Disclosure log. 3 document released in part.
https://www.righttoknow.org.au/request/r...

1 September 2020
Details of arrangements between the ABCC and the promoter of iBenefit employee benefits programme, and benefits provided to ABCC staff under the iBenefit programme. 2 documents released in full, 31 documents released in part.
https://www.righttoknow.org.au/request/a...

18 May 2020
Details of arrangements between the ABCC and the promoter of iBenefit employee benefits programme, and benefits provided to ABCC staff under the iBenefit programme. 5 documents released in part.
https://www.righttoknow.org.au/request/a...

16 September 2019
Email correspondence between the ABC Commissioner and the former APS Commissioner between 1 May 2018 and 14 June 2019. 5 documents released in part.
https://www.righttoknow.org.au/request/s...

26 August 2019
Details of intimidation, harassment and/or threatening behaviour against ABCC staff by CFMMEU officials and representatives, and the consequent impact on staffing. 25 documents released in part.
https://www.righttoknow.org.au/request/d...

4 June 2018
Email correspondence between the ABC Commissioner and the APS Commissioner between 6 February 2018 and 5 March 2018. 1 document released in part.
https://www.righttoknow.org.au/request/c...

22 January 2018
Salary details for ABCC SES officers for the financial years 2014-2015, 2015-2016 and 2016-2017. 1 document released in part.
https://www.righttoknow.org.au/request/p...

5 January 2018
Correspondence from the former ABC Commissioner to ABCC staff on his farewell from the agency. 1 document released in part.
https://www.righttoknow.org.au/request/p...

20 October 2017
Legal costs and disbursements for court proceedings CAG 78/2014, ACD 65/2015 and ACD 25/2017. 1 document released in full.
https://www.righttoknow.org.au/request/d...

14 June 2016
Interaction between Fair Work Building and Construction and Fair Work Ombudsman, Department of Employment and other agencies. 10 documents released in full, 22 documents released in part.
https://www.righttoknow.org.au/request/r...

Yours sincerely,

JS