ACM Group Collection Manual

Dear Mr Fairless,

Thank you for your email. I have contacted the team to which your request
was referred to make enquiries as to the status of your request. I am
advised that unfortunately the referral of your request was overlooked
(presumably due to the time of year it was received).

Your request has now been allocated to a decision maker who will be in
touch with you in due course regarding this matter.

In accordance with the provisions of section 15AC of the FOI Act it is
deemed that ASIC has refused your request as it has not furnished you with
a decision on your request within 30 days of receipt. In these
circumstances, ASIC may apply to the Information Commissioner (IC) for
more time to process the request which it intends to do.

I will liaise further with the relevant team to determine how much
additional time they require to process your request and will advise you
accordingly.

Yours sincerely

From: Ben Fairless <[FOI #1447 email]>
To: FOI requests at ASIC <[ASIC request email]>,
Date: 22/01/2016 10:17 AM
Subject: Re: Freedom of Information request - ACM Group Collection
Manual

--------------------------------------------------------------------------

Dear Australian Securities and Investments Commission,

I have not received a response to my request "ACM Group Collection
Manual", which can be found on Right to Know -
[2]https://www.righttoknow.org.au/request/a....

Can you please advise when this request will be processed?

Yours faithfully,

Ben Fairless

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1447 email]

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[3]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

Please consider the environment before printing this document

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

References

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2. https://www.righttoknow.org.au/request/a...
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Dear Mr Fairless,

I am advised by the decision maker that the document will require us to
conduct third party consultation under s 27 of the FOI Act prior to
considering release. ASIC cannot therefore release the document to you
administratively.

Accordingly, ASIC proposes to seek an extension from the Information
Commissioner of 30 days ( from today's date) to process your request.
This will include time required for third party consultation.

Yours sincerely

From: Ben Fairless <[FOI #1447 email]>
To: FOIrequest <[ASIC request email]>,
Date: 22/01/2016 08:20 PM
Subject: Re: Freedom of Information request - ACM Group Collection
Manual (Treat as In Confidence) [DLM=Sensitive]

--------------------------------------------------------------------------

Dear Mirijana,

Is it possible to release the document administratively (informally,
outside the FOI Act)?

I don't believe the document would have an exemptions applied to it, and
that would prevent requesting an extension with the OAIC.

Cheers,

Ben Fairless

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

Dear Mr Fairless,

Thank you for your email. I have contacted the team to which your request
was referred to make enquiries as to the status of your request. I am
advised that unfortunately the referral of your request was overlooked
(presumably due to the time of year it was received).

Your request has now been allocated to a decision maker who will be in
touch with you in due course regarding this matter.

In accordance with the provisions of section 15AC of the FOI Act it is
deemed that ASIC has refused your request as it has not furnished you with
a decision on your request within 30 days of receipt. In these
circumstances, ASIC may apply to the Information Commissioner (IC) for
more time to process the request which it intends to do.

I will liaise further with the relevant team to determine how much
additional time they require to process your request and will advise you
accordingly.

Yours sincerely

From: Ben Fairless <[FOI #1447 email]>
To: FOI requests at ASIC <[ASIC request email]>,
Date: 22/01/2016 10:17 AM
Subject: Re: Freedom of Information request - ACM Group Collection
Manual

--------------------------------------------------------------------------

Dear Australian Securities and Investments Commission,

I have not received a response to my request "ACM Group Collection
Manual", which can be found on Right to Know -
[2][2]https://www.righttoknow.org.au/request/a....

Can you please advise when this request will be processed?

Yours faithfully,

Ben Fairless

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1447 email]

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[3][3]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1447 email]

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[4]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

Please consider the environment before printing this document

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

References

Visible links
1. mailto:[email address]
2. https://www.righttoknow.org.au/request/a...
3. https://www.righttoknow.org.au/help/offi...
4. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear Mr Fairless,

The Office of the Australian Information Commissioner (OAIC) has received
a request from the Australian Securities and Investments Commission (ASIC)
for an extension until 29 February 2016 to process the FOI application
lodged on 22 December 2016.

ASIC advise that it became aware that your request had been overlooked
when you made contact with the agency on 22 December 2016. As a result
ASIC did not commence processing your request until the 30 day period
required by the FOI Act had expired. This means that your request is
deemed to have been refused by the principal officer of ASIC under 15AC(3)
of the FOI.

The OAIC is minded to grant the ASIC an extension of time under s 15AC but
will take any comments you may have to make into account when deciding the
application.

A response from you by 5 February 2016 would be very much appreciated; my
contact details are included below. If I do not hear from you by this
time I may proceed to decide the matter on the basis of the information I
have before me.

I look forward to your response.

Kind regards

Ben Kirkwood |Assistant Merit Review & Investigation Officer

Dispute Resolution Branch

Office of the Australian Information Commissioner

GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au

Phone: +61 2 9284 9615 | Facsimile: +61 2 9284 9666

Email: [2][email address]

I am in the office on Tuesday and Wednesdays. I work remotely on Mondays.

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]

hide quoted sections

Dear Mr Fairless

Thank you for providing comment on ASIC's request. I will have regard to them when I make a decision on the request.

I will ensure that you are provided with a copy of my decision when it made.

Kind regards

Ben Kirkwood |Assistant Merit Review & Investigation Officer
Dispute Resolution Branch
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | www.oaic.gov.au
Phone: +61 2 9284 9615 | Facsimile: +61 2 9284 9666
Email: [email address]

I am in the office on Tuesday and Wednesdays. I work remotely on Mondays.

-----Original Message-----
From: Ben Fairless [mailto:[FOI #1447 email]]
Sent: Wednesday, 3 February 2016 2:42 PM
To: Ben Kirkwood
Subject: Re: RQ16/00557 - Request for an extension of time under s 15AC made by ASIC to process your FOI request. [SEC=UNCLASSIFIED]

Dear Ben,

With all respect, I don't believe that the department should be given a full 30 days to respond.

The department acknowledges that it received my original request and that it subsequently "lost" my request.

I believe that they should prioritise this request and provide a response in a shorter timeframe, for example by the 19th of February. I am surprised that the Department does not have processes in place to track FOI requests.

Yours sincerely,

Ben Fairless

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

Dear Mr Fairless,

The Office of the Australian Information Commissioner (OAIC) has received
a request from the Australian Securities and Investments Commission (ASIC)
for an extension until 29 February 2016 to process the FOI application
lodged on 22 December 2016.

ASIC advise that it became aware that your request had been overlooked
when you made contact with the agency on 22 December 2016. As a result
ASIC did not commence processing your request until the 30 day period
required by the FOI Act had expired. This means that your request is
deemed to have been refused by the principal officer of ASIC under 15AC(3)
of the FOI.

The OAIC is minded to grant the ASIC an extension of time under s 15AC but
will take any comments you may have to make into account when deciding the
application.

A response from you by 5 February 2016 would be very much appreciated; my
contact details are included below. If I do not hear from you by this
time I may proceed to decide the matter on the basis of the information I
have before me.

I look forward to your response.

Kind regards

Ben Kirkwood |Assistant Merit Review & Investigation Officer

Dispute Resolution Branch

Office of the Australian Information Commissioner

GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au

Phone: +61 2 9284 9615 | Facsimile: +61 2 9284 9666

Email: [2][email address]

I am in the office on Tuesday and Wednesdays. I work remotely on Mondays.

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #1447 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

hide quoted sections

15AC decision.pdf

178K Download View as HTML

Dear Mr Fairless

I have attached a copy of the decision on ASIC's application for an
extension of time under s 15AC of the FOI Act to process your request for
documents.

Please accept my apologies for my not having provided this to you earlier.

Kind regards

Ben Kirkwood |Assistant Merit Review & Investigation Officer

Dispute Resolution Branch

Office of the Australian Information Commissioner

GPO Box 5218 SYDNEY NSW 2001 | [1]www.oaic.gov.au

Phone: +61 2 9284 9615 | Facsimile: +61 2 9284 9666

Email: [2][email address]

I am in the office on Tuesday and Wednesdays. I work remotely on Mondays.

-----Original Message-----
From: Ben Fairless [mailto:[FOI #1447 email]]
Sent: Wednesday, 3 February 2016 2:42 PM
To: Ben Kirkwood
Subject: Re: RQ16/00557 - Request for an extension of time under s 15AC
made by ASIC to process your FOI request. [SEC=UNCLASSIFIED]

Dear Ben,

With all respect, I don't believe that the department should be given a
full 30 days to respond.

The department acknowledges that it received my original request and that
it subsequently "lost" my request.

I believe that they should prioritise this request and provide a response
in a shorter timeframe, for example by the 19th of February. I am
surprised that the Department does not have processes in place to track
FOI requests.

Yours sincerely,

Ben Fairless

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

Dear Mr Fairless,

The Office of the Australian Information Commissioner (OAIC) has received

a request from the Australian Securities and Investments Commission (ASIC)

for an extension until 29 February 2016 to process the FOI application

lodged on 22 December 2016.

ASIC advise that it became aware that your request had been overlooked

when you made contact with the agency on 22 December 2016. As a result

ASIC did not commence processing your request until the 30 day period

required by the FOI Act had expired. This means that your request is

deemed to have been refused by the principal officer of ASIC under 15AC(3)

of the FOI.

The OAIC is minded to grant the ASIC an extension of time under s 15AC but

will take any comments you may have to make into account when deciding the

application.

A response from you by 5 February 2016 would be very much appreciated; my

contact details are included below. If I do not hear from you by this

time I may proceed to decide the matter on the basis of the information I

have before me.

I look forward to your response.

Kind regards

Ben Kirkwood |Assistant Merit Review & Investigation Officer

Dispute Resolution Branch

Office of the Australian Information Commissioner

GPO Box 5218 SYDNEY NSW 2001 | [1][3]www.oaic.gov.au

Phone: +61 2 9284 9615 | Facsimile: +61 2 9284 9666

Email: [2][email address]

I am in the office on Tuesday and Wednesdays. I work remotely on Mondays.

References

Visible links

1. [4]http://www.oaic.gov.au/

2. [5]mailto:[email address]

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[6][FOI #1447 email]

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[7]https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

**********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email
in error, we apologise for any inconvenience and request that you
notify the sender immediately and delete all copies of this email,
together with any attachments.
**********************************************************************

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. http://www.oaic.gov.au/
4. http://www.oaic.gov.au/
5. mailto:[email
6. mailto:[FOI #1447 email]
7. https://www.righttoknow.org.au/help/offi...

hide quoted sections

20160219 Ben Fairless FOI Letter re Notice of Decision.pdf

112K Download View as HTML

Dear Mr Fairless

Please refer to the below attached correspondence.

Yours faithfully

Jenna Molesworth

Please consider the environment before printing this document

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

Dear Mr Fairless

I refer to my letter of 19 February 2016 regarding my decision to release
a document to you under the Freedom of Information Act 1982 (the FOI
Act).

I confirm on 18 March 2016, ASIC received a request for an internal review
of my decision from an affected third party pursuant to s 54B of the FOI
Act.

Another ASIC officer will now be assigned to review my decision and will
be in contact with you shortly.

Please consider the environment before printing this document

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

Dear Mr Fairless

I refer to the decision of Jenna Molesworth made on 22 February 2016 to
release a document to you in response to your request made under the
Freedom of Information Act 1982 (Cth).

ASIC has received a request from a third party for an internal review of
Ms Molesworth's decision.

I am writing to advise you that I am the ASIC staff member conducting that
review.

Yours faithfully

Please consider the environment before printing this document

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

References

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20160413 Letter to Ben Fairless Internal Review.pdf

285K Download View as HTML

Dear Mr Fairless

I refer to my email of 24 March 2016.

Attached is a letter containing my review decision in respect of your
application dated 22 December 2015 under the Freedom of Information Act
1982 (Cth).

Please consider the environment before printing this document

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

References

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1. mailto:[email address]

Training Manual Redacted.pdf

2.9M Download View as HTML

Dear Mr Fairless,

I refer to the letter dated 13 April 2016 addressed to you from Ms Penny
Beck of ASIC.

The review rights of the affected third party have now expired. Please see
attached a redacted version of the document you requested.

Furthermore, I refer to paragraph 25 of the letter dated 13 April 2016
from Ms Beck and advise that it should have read as follows:

"You may within 60 days after the day on which have been notified
of this decision, apply in writing to the Australian Information
Commissioner for a review of my decision under section 54N of the FOI
Act."

This means that you still have some time to seek a review of Ms Beck's
decision to release a redacted version of the document you requested.

Please consider the environment before printing this document

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

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