Date: Fri, 28 Jan 2022 15:39:30 +1100
Subject: RE: Freedom of Information request - Exemptions Provided Under the Relevant Acts to Commonwealth Superannuation Corporation [SEC=OFFICIAL]
From: Trent Morrison-Francis <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: Customer Service <xxxxxxxx.xxxxxxx@xxxxxx.xxx.xx>

Hi all,

I seek advice about the following.

I have sent the following request to several government agency’s as an FOI request

Dear Department of the Treasury,

Please take this request for any documents that your department holds in relation to any "Exemptions" or "Wavers" as defined by the Webster Dictionary or socially accepted definitions of the words in the country of Australia to comply with any legislation that your office has powers, authority or manages under legislation for its management as a superannuation provider.

To remove any doubt we are asking for all schemes that Commonwealth Superannuation Corporation manages including
CSS
ABN: 19 415 776 361
RSE: R1004649
DFRDB
ABN: 39 798 362 763
Military Super
ABN: 50 925 523 120
RSE: R1000306
ADF Super
ABN: 90 302 247 344
RSE R1077063
ADF Cover
ABN: 64 250 674 722

The period for the request relates to all documents created on or after the 01st January 2017 by either your office and or the Commonwealth Superannuation Corporation (where practicable if your office is not the creator of the documents).

Yours faithfully,

Trent Morrison-Francis

Several agency’s that I know how documents have preformed an transfer of the application under 16 of the act.

The agencies have said “the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made”

Furthermore I stress that as per the request it’s specified the following
The documents held by the department
That this only entails decisions that the department could make and therefore under the archives act the department should hold these documents and should not rely on a third party to release them.

I have firmed the view that this ill-conceived as this would be like me asking your office to provide all complains that you have received about the Australian Postal Corporation (AusPost) and then you transferring the matter to Australia Post for the release. This is like allowing the wolves look after the sheep with no oversight.

Please provided your view on my appeal rights or action that I can take with your office instead of blowing the whole matter up and asking for the FC to issue an injection in the matter.

I have cc’ed in the agency’s to this email as well as a “shot across the bow” as the honourable Justice Logan would have said.

I can be contacted by return email and I request that the Commisioner provides a speedy response in the same way it affords them to government agency’s.

-----Original Message-----

OFFICIAL

 

Dear Mr Morrison-Francis

 

I refer to your below request under the Freedom of Information Act 1982
(Cth) (FOI Act) for access to documents. The purpose of this email is to
advise you that your request has been transferred to another agency.

 

Under section 16(1) of the FOI Act, a department can transfer a request if
the requested document is not in the possession of the department but is
in the possession of another agency or if the subject matter of the
document is more closely connected with the functions of another agency.

 

Accordingly, on 19 January 2022, the department transferred your request
to the Commonwealth Superannuation Corporation (CSC).

 

We received your request on 7 January 2022 and the 30 day statutory period
for processing your request commenced from the day after that date. The
transfer of your request does not affect the due date for completion of
your request. You should therefore expect a decision from CSC by 7
February 2022.

 

However, the statutory period of 30 days may be extended in certain
circumstances. Information about extensions of time can be accessed from
the Office of the Australian Information Commissioner's Website: 
[1]https://www.oaic.gov.au/freedom-of-information/how-to-make-an-foi-request/extensions-of-time/.
CSC will advise you if this happens.

 

If you have any questions, please contact me by email at
[2][email address].

 

Kind regards

Mike

Freedom of Information Officer

 

Customer Service

Federal Circuit and Family Court of
Australia

p. 1300 352 000 - family law matters
| p. 1300 720 980 – federal law
matters

e. [3][email address]
w. [4]www.fcfcoa.gov.au
[5]cid:image001.jpg@01D7CFC4.01686F00
I acknowledge the Australian
Aboriginal and Torres Strait Islander
peoples as the first inhabitants of
the nation and the traditional
custodians of the lands where we
live, learn and work.

 

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