OFFICIAL

Dear Keith

We refer to your email dated 30 October 2019 (below).

Generally, the Australian Building and Construction Commission (ABCC) is a
Commonwealth regulator that has a role in promoting 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 of ‘apartment building
with significant issues’. For example, we are unsure whether you seek
access to a ‘document of an agency’ under the Freedom of Information Act
1982 (Cth) (FOI Act) that reasonably may be held by the ABCC because it
relates to our functions relating to workplace laws in the building and
construction industry.

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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OFFICIAL: Sensitive

Dear Keith

We refer to your email of 4 January 2020 (below).

You have requested “to know the locations of defective apartment building
[sic]”.

Subsection 15(1) of the Freedom of Information Act 1982 (Cth) (FOI Act)
allows a person who wishes to obtain access to a document of an agency to
make a request. An FOI request must provide such information as is
reasonably necessary to enable a responsible officer of the agency to
identify the document that is requested (subsection 15(2) of the FOI Act).

If you would like to make an application under the FOI Act to the
Australian Building and Construction Commission (ABCC) for access to a
document, we ask that you identify the document(s) that you are requesting
access to. In identifying the requested document(s), providing us with
information such as the applicable date(s) and/or geographical location(s)
of the subject matter is always helpful.

To assist you in making your request, we again note that the ABCC monitors
and promotes compliance with Australian workplace laws by building
industry participants. The technical quality of building work is regulated
by State and Territory Governments. The ABCC is not responsible for
planning or building approvals, or for the technical quality of building
work.  

Accordingly, we encourage you to consider whether we are the agency that
would hold the document(s) that you are likely to be seeking regarding
“the locations of defective apartment building [sic]”.  It may be more
appropriate for your request for information to be directed to the
relevant State or Territory agency such as the Victorian Building
Authority.

If you have any questions, please contact us by reply email.

Regards

FOI Section

Australian Building and Construction Commission

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