Draft of Regional Banking Taskforce report at change of government in May 2022
Dear Department of the Treasury,
I request a copy of the draft Regional Banking Taskforce report as it stood at the change of government in May 2022.
I understand you would not normally release draft copies of reports but as this taskforce spanned two governments I believe it is in the public interest to release the document.
Yours faithfully,
Dale Webster
OFFICIAL
Dear Dale Webster
We write to acknowledge receipt of your request, under the Freedom of
Information Act 1982 (FOI Act), seeking the following document:
I request a copy of the draft Regional Banking Taskforce report as it
stood at the change of government in May 2022.
The Treasury received your request on 3 December 2022. The FOI Act
provides that we have 14 days to acknowledge, and 30 days to process, the
request. This period may be extended if we need to consult third parties
or for other reasons. We will advise you if this happens.
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Kind regards
Freedom of Information Officer
The Treasury
Ph: +61 2 6263 2800
e: [1][email address]
-----Original Message-----
From: Dale Webster <[FOI #9646 email]>
Sent: Saturday, 3 December 2022 12:33 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Draft of Regional Banking
Taskforce report at change of government in May 2022
Dear Department of the Treasury,
I request a copy of the draft Regional Banking Taskforce report as it
stood at the change of government in May 2022.
I understand you would not normally release draft copies of reports but as
this taskforce spanned two governments I believe it is in the public
interest to release the document.
Yours faithfully,
Dale Webster
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OFFICIAL
Dear Dale Webster,
Please see the attached decision letter.
Kind regards,
Freedom of Information Officer
The Treasury, Langton Crescent, Parkes ACT 2600
Phone: +61 2 6263 2800
Email: [Treasury request email]
www.treasury.gov.au
OFFICIAL
-----Original Message-----
From: Dale Webster <[FOI #9646 email]>
Sent: Saturday, 3 December 2022 12:33 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Draft of Regional Banking Taskforce report at change of government in May 2022
Dear Department of the Treasury,
I request a copy of the draft Regional Banking Taskforce report as it stood at the change of government in May 2022.
I understand you would not normally release draft copies of reports but as this taskforce spanned two governments I believe it is in the public interest to release the document.
Yours faithfully,
Dale Webster
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9646 email]
Is [Treasury request email] the wrong address for Freedom of Information requests to Department of the Treasury? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...
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.
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Dear FOI,
I request an internal review of the decision not to release the draft copy of the Regional Banking Taskforce Report on the following grounds.
Section 47E - Certain Operations of Agencies
It is the normal, stated protocol not to release draft reports. This is accepted so the agency does not have to cite a reason for refusing a standard request, so your statement that granting of this FOI would hamper detail in future reports is moot.
The application for this document is an exceptional circumstance that will rarely arise again. It concerns a Coalition report that should have been tabled by a previous government but for reasons unknown this did not happen. Instead it was released almost a year after the consultation period for the inquiry ended by another political party that had won government, Labor.
Public Interest Test
The status of the report at the change of government is in the public interest because it contains a recommendation that offers a solution for legal problems for both the banks and APRA.
If recommendation 7 was included before the change of government it means that banks, who were under pressure to remove sites that they had withdrawn teller services from and were instead making customers use ATMS at from their branch lists because they no longer met the legal definition under the Financial Services (Collection of Data) Act 2001, had abused their position on a government taskforce to put in a recommendation that they would legally benefit from;
Or,
Recommendation 7 was inserted after the change of government by the new Treasury in response to the pressure it and APRA were under to make the ‘big four’ banks obey the law and stop reporting sites that did not meet the legal definition of a bank branch as “branches”. (An offence that attracts large fines that banks have never been prosecuted on despite misreporting for years.)
Recommendation seven, which calls for a review of how APRA data is collected and reported, makes the problem go away.
The report was released in questionable circumstances at 4.52pm on a Friday evening before a long weekend by Assistant Treasurer Stephen Jones.
Mr Jones refused to do any media interviews on the report but when Treasury was questioned about its failure to apply laws under the Financial Services (Collection of Data) Act 2001 consistently (banks sites that had been mentioned in parliament had been downgraded in APRA’s latest data release, while others that were not but had identical formats were left as submitted by the banks) Treasury made a questionable legal interpretation of the law that was inconsistent with its own previous actions/statements and pointed to recommendation seven.
The recommendation appeared to have been tacked on to the others (on a separate page) and was inconsistent with the terms of reference of the taskforce.
I have been in contact with the office of attorney general Mark Dreyfus to report that:
- The failure to disclose the correction of hundreds of errors that go back decades means APRA has colluded with the Bendigo and Adelaide Bank to cover up the misreporting.
- APRA has taken no action against the Bendigo and Adelaide Bank (or any of the other banks) for misreporting of service channels, which carries significant penalties under the Financial Service (Collection of data) Act 2001.
- Former APRA chaiman Wayne Byres appears to have misled Senator Malcolm Roberts and, by extension, parliament, about his knowledge of the long-standing errors in the APRA database.
- APRA – in its latest data publication released on October 19 2022 – has applied the legislation inconsistently, for the most part letting larger banks off the hook but cracking down on smaller and foreign institutions.
The response from the Attorney was that until a time when a Federal ICAC is established, responsibility for the matter lay with the Treasury Department.
I therefore submit that the refusal by Treasury to provide the copy of this document is obstructionist and an attempt to evade scrutiny.
Yours sincerely,
Dale Webster
OFFICIAL
Dear Ms Webster
We write to acknowledge receipt of your FOI 3226 internal review request, under the Freedom of Information Act 1982 (FOI Act).
The Treasury received your internal review request on 21 December 2022. The FOI Act provides that we have 30 days to process your request.
We will contact you using the email address you provided. Please advise if you would prefer us to use an alternative means of contact.
If you have any questions in relation to your application, please contact the FOI Team on 02 6263 2800.
Kind regards
Freedom of Information Officer
The Treasury
Ph: +61 2 6263 2800
e: [email address]
OFFICIAL
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Please Note: The information contained in this e-mail message
and any attached files may be confidential information and
may also be the subject of legal professional privilege. If you are
not the intended recipient, any use, disclosure or copying of this
e-mail is unauthorised. If you have received this e-mail by error
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OFFICIAL
Dear Dale Webster,
Please see the attached internal review decision letter.
Kind regards,
Freedom of Information Officer
The Treasury, Langton Crescent, Parkes ACT 2600
Phone: +61 2 6263 2800
Email: [Treasury request email]
www.treasury.gov.au
OFFICIAL
-----Original Message-----
From: Dale Webster <[FOI #9646 email]>
Sent: Wednesday, 21 December 2022 6:36 PM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request - Draft of Regional Banking Taskforce report at change of government in May 2022
Dear FOI,
I request an internal review of the decision not to release the draft copy of the Regional Banking Taskforce Report on the following grounds.
Section 47E - Certain Operations of Agencies
It is the normal, stated protocol not to release draft reports. This is accepted so the agency does not have to cite a reason for refusing a standard request, so your statement that granting of this FOI would hamper detail in future reports is moot.
The application for this document is an exceptional circumstance that will rarely arise again. It concerns a Coalition report that should have been tabled by a previous government but for reasons unknown this did not happen. Instead it was released almost a year after the consultation period for the inquiry ended by another political party that had won government, Labor.
Public Interest Test
The status of the report at the change of government is in the public interest because it contains a recommendation that offers a solution for legal problems for both the banks and APRA.
If recommendation 7 was included before the change of government it means that banks, who were under pressure to remove sites that they had withdrawn teller services from and were instead making customers use ATMS at from their branch lists because they no longer met the legal definition under the Financial Services (Collection of Data) Act 2001, had abused their position on a government taskforce to put in a recommendation that they would legally benefit from;
Or,
Recommendation 7 was inserted after the change of government by the new Treasury in response to the pressure it and APRA were under to make the 'big four' banks obey the law and stop reporting sites that did not meet the legal definition of a bank branch as "branches". (An offence that attracts large fines that banks have never been prosecuted on despite misreporting for years.)
Recommendation seven, which calls for a review of how APRA data is collected and reported, makes the problem go away.
The report was released in questionable circumstances at 4.52pm on a Friday evening before a long weekend by Assistant Treasurer Stephen Jones.
Mr Jones refused to do any media interviews on the report but when Treasury was questioned about its failure to apply laws under the Financial Services (Collection of Data) Act 2001 consistently (banks sites that had been mentioned in parliament had been downgraded in APRA's latest data release, while others that were not but had identical formats were left as submitted by the banks) Treasury made a questionable legal interpretation of the law that was inconsistent with its own previous actions/statements and pointed to recommendation seven.
The recommendation appeared to have been tacked on to the others (on a separate page) and was inconsistent with the terms of reference of the taskforce.
I have been in contact with the office of attorney general Mark Dreyfus to report that:
- The failure to disclose the correction of hundreds of errors that go back decades means APRA has colluded with the Bendigo and Adelaide Bank to cover up the misreporting.
- APRA has taken no action against the Bendigo and Adelaide Bank (or any of the other banks) for misreporting of service channels, which carries significant penalties under the Financial Service (Collection of data) Act 2001.
- Former APRA chaiman Wayne Byres appears to have misled Senator Malcolm Roberts and, by extension, parliament, about his knowledge of the long-standing errors in the APRA database.
- APRA - in its latest data publication released on October 19 2022 - has applied the legislation inconsistently, for the most part letting larger banks off the hook but cracking down on smaller and foreign institutions.
The response from the Attorney was that until a time when a Federal ICAC is established, responsibility for the matter lay with the Treasury Department.
I therefore submit that the refusal by Treasury to provide the copy of this document is obstructionist and an attempt to evade scrutiny.
Yours sincerely,
Dale Webster
-----Original Message-----
OFFICIAL
Dear Dale Webster,
Please see the attached decision letter.
Kind regards,
Freedom of Information Officer
The Treasury, Langton Crescent, Parkes ACT 2600
Phone: +61 2 6263 2800
Email: [Treasury request email]
OFFICIAL
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9646 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 Note: The information contained in this e-mail message
and any attached files may be confidential information and
may also be the subject of legal professional privilege. If you are
not the intended recipient, any use, disclosure or copying of this
e-mail is unauthorised. If you have received this e-mail by error
please notify the sender immediately by reply e-mail and delete all
copies of this transmission together with any attachments.
**********************************************************************