Australian Securities
and Investments Commission
Office address (inc courier deliveries):
Level 5, 100 Market Street,
Sydney NSW 2000
Mail address for Sydney office:
GPO Box 9827,
Melbourne VIC 3001
Tel: +61 1300 935 075
Fax: +61 1300 729 000
www.asic.gov.au
12 August 2024
Me
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear applicant
Freedom of Information Request No. FOI 150-2024
Notice of Decision
I refer to your request dated
12 July 2024 under the
Freedom of Information Act 1982 (
FOI
Act) in which you seek access to documents in the possession of the Australian Securities and
Investments Commission (
ASIC).
Your request states the following:
“1. A copy of the CDDA authorisation by the Minister that was in place until it purportedly
lapsed in 2015 2. A copy of any correspondence, subsequent to the lapsing, from ASIC to the
relevant Minister (incl their office) where ASIC agitates to be re-authorised for CDDA 3. A
copy of any correspondence that is a reply to the correspondence in [2]
Final versions only
Duplicates excluded
SES or equivalent personal information included (incl a/SES)
Email domains included
All first names included.”
I am the authorised decision-maker for the purposes of section 23 of the FOI Act and this
letter gives notice of my decision.
The 30-day statutory time period for processing your request commenced on the day after
the day on which your request was received.
Searches undertaken
Al reasonable steps were carried out to undertake searches relevant to the terms of the
request. The searches involved using manual and keyword searches across ASIC’s case
management system.
I am satisfied that all relevant searches for documents responsive to the terms of the FOI
request have been conducted.
Decision
I am the authorised decision-maker for the purposes of section 23 of the FOI Act and this
letter gives notice of my decision.
My decision is to provide ful access to part 1 of the FOI request and refuse access to parts 2
and 3 of the FOI request on the basis that there are no documents in scope.
I have taken the following material into account in making my decision:
• the terms of your request;
• details of the searches conducted by ASIC staff; and
• the FOI Act, specifically sections 11 and 24A of the FOI Act; and the Australian
Information Commissioner’s FOI Guidelines issued under s 93A of the FOI Act (FOI
Guidelines).
Reasons for my decision
Requests may be refused if documents cannot be found, do not exist or have not been
received
Section 24A(1) of the FOI Act sets out the following:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
Searches were conducted by ASIC’s Commission Counsel team for documents in response
to your request. The searches involved using manual and keyword searches across the
relevant case management systems such as SharePoint and Outlook for documents
between ASIC and “relevant Minister (incl their office).”
No documents falling within the
terms of parts 2 and 3 of your request were identified.
My decision is to therefore refuse your request for access to parts 2 and 3 of your FOI request
under section 24A of the FOI Act on the basis that ASIC has taken all reasonable steps to find
documents within the scope of your request and I am satisfied that they cannot be found or
do not exist.
Review rights
In the event that you are dissatisfied with the decision
1. You may, within 30 days after the day on which you have been notified of this
decision, apply in writing to ASIC for an internal review of my decision under section
54B of the FOI Act. This review is an independent process conducted by a Senior
Freedom of Information Officer at ASIC. This request should be addressed to me or to
the Senior Manager, Freedom of Information, by email to xxxxxxxxxx@xxxx.xxx.xx.
2. You may within 60 days after the day on which you have been notified of this
decision, apply in writing to the Office of the Australian Information Commissioner
(OAIC) for a review of my decision under section 54N of the FOI Act. You may
contact the OAIC by post at GPO Box 5218 Sydney NSW 2001, by email at
xxxxx@xxxx.xxx.xx or by telephone on 1300 363 992.
Right to complain
3. You may lodge a complaint with the OAIC in relation to the conduct of ASIC in the
handling of this request. You may contact the OAIC as set out above.
If you have any questions or wish to discuss, please contact me on (02) 9911 2454 or by email
at
xxxxxxx.xxxxxxxxxxxx@xxxx.xxx.xx.
Yours sincerely
Shoumia Nithiananthan
Privacy and Freedom of Information Lawyer
Australian Securities and Investments Commission (ASIC)
Schedule of document
Description Date
Page(s)
Decision on
Relevant
of document
access
section(s)
CDDA
17 March
1
Ful access
11
Authorisation 2015