ASIC CDDA authorisation - attempts at
Dear Australian Securities and Investments Commission,
Could I please request:
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
Yours faithfully,
Me
Dear applicant
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).
Please find attached letter.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[1][email address]
[2]ASIC logo
Please consider the environment before printing this document.
Information collected by ASIC may contain personal information. Please
refer to our [3]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.
References
Visible links
1. mailto:[email address]
3. https://asic.gov.au/privacy/
Dear applicant
I refer to the above FOI request.
Could you please confirm whether you agree to the removal of third party
personal information as irrelevant material pursuant to section 22 of the
FOI Act?
If you agree, can you please provide us with confirmation by 5pm Wednesday
24 July 2024.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[1][email address]
[2]ASIC logo
From: Shoumia Nithiananthan
Sent: Tuesday, July 16, 2024 4:54 PM
To: [FOI #11674 email]
Subject: FOI 150- 2025: Acknowledgement of request [SEC=OFFICIAL]
Dear applicant
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).
Please find attached letter.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[3][email address]
[4]ASIC logo
Please consider the environment before printing this document.
Information collected by ASIC may contain personal information. Please
refer to our [5]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.
References
Visible links
1. mailto:[email address]
3. mailto:[email address]
5. https://asic.gov.au/privacy/
Dear Shoumia Nithiananthan,
Yes, noting that:
- Work-related personal information of any Commonwealth SES and a/SES and their equivalents is included
- Corporations are not capable of having personal information and so the third party personal information exemption does not arise for consideration or consultation for corporations
Yours sincerely,
Me
Dear applicant
I confirm that personal information of Commonwealth staff will be removed under section 22 of the FOI Act.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[email address]
-----Original Message-----
From: Me <[FOI #11674 email]>
Sent: Tuesday, July 23, 2024 7:07 PM
To: Shoumia Nithiananthan <[email address]>
Subject: RE: FOI 150- 2025: Acknowledgement of request [SEC=OFFICIAL]
EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
Dear Shoumia Nithiananthan,
Yes, noting that:
- Work-related personal information of any Commonwealth SES and a/SES and their equivalents is included
- Corporations are not capable of having personal information and so the third party personal information exemption does not arise for consideration or consultation for corporations
Yours sincerely,
Me
-----Original Message-----
Dear applicant
I refer to the above FOI request.
Could you please confirm whether you agree to the removal of third party
personal information as irrelevant material pursuant to section 22 of the
FOI Act?
If you agree, can you please provide us with confirmation by 5pm Wednesday
24 July 2024.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[1][email address]
[2]ASIC logo
From: Shoumia Nithiananthan
Sent: Tuesday, July 16, 2024 4:54 PM
To: [FOI #11674 email]
Subject: FOI 150- 2025: Acknowledgement of request [SEC=OFFICIAL]
Dear applicant
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).
Please find attached letter.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[3][email address]
[4]ASIC logo
Please consider the environment before printing this document.
Information collected by ASIC may contain personal information. Please
refer to our [5]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.
References
Visible links
1. mailto:[email address]
3. mailto:[email address]
5. https://asic.gov.au/privacy/
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #11674 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...
Please note that in some cases publication of requests and responses will be delayed.
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<https://asic.gov.au/privacy/> for information about how we handle your personal information, your rights to seek access to and correct your personal information, and how to complain about breaches of your privacy by ASIC.
This e-mail and any attachments are intended for the addressee(s) only and may be confidential. They may contain legally privileged, copyright material or personal and /or confidential information. You should not read, copy, use or disclose the content without authorisation. If you have received this email in error, please notify the sender as soon as possible, delete the email and destroy any copies. This notice should not be removed.
Dear applicant
I refer to the above FOI request.
Could you please confirm whether you agree to exclude the name, position title and signature of individuals under section 22 of the FOI Act?
It would be greatly appreciated if you could get back to me as soon as possible.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[email address]
-----Original Message-----
From: Shoumia Nithiananthan
Sent: Monday, July 29, 2024 9:14 AM
To: Me <[FOI #11674 email]>
Subject: RE: FOI 150- 2025: Acknowledgement of request [SEC=OFFICIAL]
Dear applicant
I confirm that personal information of Commonwealth staff will be removed under section 22 of the FOI Act.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[email address]
-----Original Message-----
From: Me <[FOI #11674 email]>
Sent: Tuesday, July 23, 2024 7:07 PM
To: Shoumia Nithiananthan <[email address]>
Subject: RE: FOI 150- 2025: Acknowledgement of request [SEC=OFFICIAL]
EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
Dear Shoumia Nithiananthan,
Yes, noting that:
- Work-related personal information of any Commonwealth SES and a/SES and their equivalents is included
- Corporations are not capable of having personal information and so the third party personal information exemption does not arise for consideration or consultation for corporations
Yours sincerely,
Me
-----Original Message-----
Dear applicant
I refer to the above FOI request.
Could you please confirm whether you agree to the removal of third party
personal information as irrelevant material pursuant to section 22 of the
FOI Act?
If you agree, can you please provide us with confirmation by 5pm Wednesday
24 July 2024.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[1][email address]
[2]ASIC logo
From: Shoumia Nithiananthan
Sent: Tuesday, July 16, 2024 4:54 PM
To: [FOI #11674 email]
Subject: FOI 150- 2025: Acknowledgement of request [SEC=OFFICIAL]
Dear applicant
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).
Please find attached letter.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[3][email address]
[4]ASIC logo
Please consider the environment before printing this document.
Information collected by ASIC may contain personal information. Please
refer to our [5]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.
References
Visible links
1. mailto:[email address]
3. mailto:[email address]
5. https://asic.gov.au/privacy/
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #11674 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...
Please note that in some cases publication of requests and responses will be delayed.
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<https://asic.gov.au/privacy/> for information about how we handle your personal information, your rights to seek access to and correct your personal information, and how to complain about breaches of your privacy by ASIC.
This e-mail and any attachments are intended for the addressee(s) only and may be confidential. They may contain legally privileged, copyright material or personal and /or confidential information. You should not read, copy, use or disclose the content without authorisation. If you have received this email in error, please notify the sender as soon as possible, delete the email and destroy any copies. This notice should not be removed.
Dear Shoumia Nithiananthan,
If the individuals are not SES, a/SES, or their equivalents, then yes I agree
Also happy for SES, a/SES, or their equivalents' phone numbers to be redacted (but not names and titles etc.)
Yours sincerely,
Me
Dear applicant
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).
Please find attached Notice of Decision and document.
Kind regards
Shoumia Nithiananthan
Lawyer, FOI & Privacy
Legal Services
Australian Securities and Investments Commission
Level 5, 100 Market Street, Sydney NSW 2000
Tel: 9911 2454 [mobile number]
[1][email address]
[2]ASIC logo
Please consider the environment before printing this document.
Information collected by ASIC may contain personal information. Please
refer to our [3]Privacy Policy for information about how we handle your
personal information, your rights to seek access to and correct
your personal information, and how to complain about breaches of your
privacy by ASIC.
This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged, copyright
material or personal and /or confidential information. You should not
read, copy, use or disclose the content without authorisation. If you have
received this email in error, please notify the sender as soon as
possible, delete the email and destroy any copies. This notice should not
be removed.
References
Visible links
1. mailto:[email address]
3. https://asic.gov.au/privacy/
Dear Shoumia Nithiananthan,
Thanks for this. Helpful
Admittedly it is an unexpected outcome
Request you forward this feedback to the relevant team in ASIC:
- Given ASIC's excuse for not using CDDA is 'Frydenberg's delegation lapsed, and no Minister has given us one since...', I would expect ASIC to imminently become openly and publicly transparent about the fact it has never asked for the delegation since (and why).
- Further noting that Frydenberg's delegation didn't lapse until at least the 2016 election (because caretaker), contrary to ASIC's rubbish argument about it lapsing when the minister changed. If ASIC ever put that argument in a Court, it would be in breach of the model litigant rules, because the Commonwealth must speak with one voice (... noting the rest of the Commonwealth disagrees with ASIC, and ASIC is not the policy department on this point)
Yours sincerely,
Me