OFFICIAL: Sensitive

 

Dear J D

 

We refer to your email dated 5 November 2019 (below).

 

The Australian Building and Construction Commission (ABCC) is a
Commonwealth regulator whose primary role is to promote understanding of,
and enforce compliance with, Australia’s workplace laws in the building
and construction industry. Particular workplace laws include:

 

o the Building and Construction Industry (Improving Productivity) Act
2016 (Cth) (BCIIP Act);

 

o the Fair Work Act 2009 (Cth) (FW Act); and

 

o the Independent Contractors Act 2006 (Cth) (IC Act).

 

(Further information about the ABCC may be found on our website:
[1]https://www.abcc.gov.au/.)

 

With respect, we are unsure we are the relevant agency that could assist
you particularly in relation to the subject matter consisting of
‘…received by ABC News management and/or staff from staff, officers or
agents of the Minerals Council of Australia and the Business Council of
Australia…’

 

Whilst the Freedom of Information Act 1982 (Cth) (FOI Act) provides a
right to request access it is relevantly one for access to ‘document of an
agency’ (section 4 of the FOI Act). The ABCC is a relevant ‘agency’ under
the FOI Act. However, with respect to your email dated 5 November 2019, we
are unsure whether you seek access to a ‘document’ of the ABCC or the ‘ABC
News…’

 

We would appreciate clarity so the ABCC may be in a position to
practically assist you.

 

If you have any questions, please contact the ABCC’s FOI Section:
[2][ABCC request email].

 

Regards

 

FOI section

Australian Building and Construction Commission

 

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