Foreign Investments In Australia
I reserve my right as an Australian taxpayer & citizen, to know what Australian ports are owned (or part owned) by foreign investors or foreign Governments.
Yours faithfully,
Andrew
Good morning
Thank you for your email of 29 October 2019.
In your email you have sought access to:
…what Australian ports are owned (or part owned) by foreign investors or
foreign Governments
I have conducted a preliminary search of the Office of the Australian
Information Commissioner’s (OAIC) records and I note that the documents
you request are not held by the OAIC.
The OAIC regulates the [1]Privacy Act 1988 (Cth) (the Privacy Act) and the
[2]Freedom of Information Act 1982 (Cth) (the FOI Act). The office has the
power to investigate complaints about the alleged mishandling of personal
information by Australian government agencies and many private sector
organisations, as well as the power to review FOI decisions of Australian
government agencies. We are also responsible for handling privacy
complaints about ACT public sector agencies.
It appears that the documents you are seeking access to are held by
another Commonwealth or State agency.
As such, can you please confirm whether you wish to withdraw your request
to the OAIC and make a new request to an agency which has jurisdiction
over Australian ports. If I do not hear back from you by 12 November 2019,
I will continue to process your request and a decision will be due by 28
November 2019.
Kind regards
[3][IMG] Megan McKenna | FOI Officer/Paralegal
Legal Services
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
+61 2 8231 4292 |
[5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to Information
Matters
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Dear Megan McKenna,
"It appears that the documents you are seeking access to are held by
another Commonwealth or State agency".
What other agency?? Will my inquiry remain on the "merry-go-round" indefinetly & unanswered or do I, as an Australian citizen, receive the transparent answer to which I am entitled?
Yours sincerely,
Andy Downunder
Dear Andy Downunder
Thank you for your email.
I note that you have sought an internal review, however as a decision has
not been made on your request an internal review cannot be sought as there
is no reviewable decision.
As it presently stands your request is not a valid request under the
Freedom of Information Act 1982 (Cth) as it is a request for information
and not a document.
The information you are seeking will not be held by the OAIC. In order to
assist you to make a valid FOI request and to make the request to an
appropriate agency can you please contact the OAIC’s enquiries line on
1300 363 992.
Kind regards
[1][IMG] Megan McKenna | FOI Officer/Paralegal
Legal Services
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 8231 4292 |
[3][email address]
[4][IMG] | [5][IMG] | [6][IMG] | [7]Subscribe to Information
Matters
-----Original Message-----
From: Andy Downunder <[FOI #5803 email]>
Sent: Friday, 8 November 2019 3:41 AM
To: Megan McKenna <[email address]>
Subject: Internal review of Freedom of Information request - Foreign
Investments In Australia
Dear Megan McKenna,
"It appears that the documents you are seeking access to are held by
another Commonwealth or State agency".
What other agency?? Will my inquiry remain on the "merry-go-round"
indefinetly & unanswered or do I, as an Australian citizen, receive the
transparent answer to which I am entitled?
Yours sincerely,
Andy Downunder
-----Original Message-----
Good morning
Thank you for your email of 29 October 2019.
In your email you have sought access to:
…what Australian ports are owned (or part owned) by foreign investors or
foreign Governments
I have conducted a preliminary search of the Office of the Australian
Information Commissioner’s (OAIC) records and I note that the documents
you request are not held by the OAIC.
The OAIC regulates the [1]Privacy Act 1988 (Cth) (the Privacy Act) and the
[2]Freedom of Information Act 1982 (Cth) (the FOI Act). The office has the
power to investigate complaints about the alleged mishandling of personal
information by Australian government agencies and many private sector
organisations, as well as the power to review FOI decisions of Australian
government agencies. We are also responsible for handling privacy
complaints about ACT public sector agencies.
It appears that the documents you are seeking access to are held by
another Commonwealth or State agency.
As such, can you please confirm whether you wish to withdraw your request
to the OAIC and make a new request to an agency which has jurisdiction
over Australian ports. If I do not hear back from you by 12 November 2019,
I will continue to process your request and a decision will be due by 28
November 2019.
Kind regards
[3][IMG] Megan McKenna | FOI Officer/Paralegal
Legal Services
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
+61 2 8231 4292 |
[5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to Information
Matters
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Dear Megan McKenna,
I put to you that large property purchases, on Australian soil, have been made by foreign companies. Somewhere, there are documents that have information regarding this matter.
Though it may not be public record - there is an Australian Government department that is, at the very least, aware of such transactions taking place.
Please refer me to this Government department.
Yours sincerely,
Andy Downunder
Dear Andy Downunder
Thank you for your email.
Our enquiries team will be able to assist you in making a valid FOI
request to an appropriate agency. The enquiries team can be contacted on
1300 363 992.
Kind regards
Megan
[1][IMG] Megan McKenna | Lawyer (Graduate)
Legal Services
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 8231 4292 |
[3][email address]
[4][IMG] | [5][IMG] | [6][IMG] | [7]Subscribe to Information
Matters
-----Original Message-----
From: Andy Downunder <[FOI #5803 email]>
Sent: Tuesday, 12 November 2019 6:04 AM
To: Megan McKenna <[email address]>
Subject: Internal review of Freedom of Information request - Foreign
Investments In Australia
Dear Megan McKenna,
I put to you that large property purchases, on Australian soil, have been
made by foreign companies. Somewhere, there are documents that have
information regarding this matter.
Though it may not be public record - there is an Australian Government
department that is, at the very least, aware of such transactions taking
place.
Please refer me to this Government department.
Yours sincerely,
Andy Downunder
-----Original Message-----
Dear Andy Downunder
Thank you for your email.
I note that you have sought an internal review, however as a decision has
not been made on your request an internal review cannot be sought as there
is no reviewable decision.
As it presently stands your request is not a valid request under the
Freedom of Information Act 1982 (Cth) as it is a request for information
and not a document.
The information you are seeking will not be held by the OAIC. In order to
assist you to make a valid FOI request and to make the request to an
appropriate agency can you please contact the OAIC’s enquiries line on
1300 363 992.
Kind regards
[1][IMG] Megan McKenna | FOI Officer/Paralegal
Legal Services
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 8231 4292 |
[3][email address]
[4][IMG] | [5][IMG] | [6][IMG] | [7]Subscribe to Information
Matters
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #5803 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:
[9]https://aus01.safelinks.protection.outlo...
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. https://www.oaic.gov.au/
2. http://www.oaic.gov.au/
3. mailto:[email address]
4. http://www.facebook.com/OAICgov
5. https://www.linkedin.com/company/office-...
6. https://twitter.com/OAICgov
7. https://www.oaic.gov.au/media-and-speech...
8. mailto:[FOI #5803 email]
9. https://aus01.safelinks.protection.outlo...
Posty left an annotation ()
Good lord, leave the OAIC alone, they have enough to do. there's better answers in prior annotations.
Stephanie Johnson left an annotation ()
Hi Andy,
Google lead me to the Foreign Investment Review Board; information can be found here https://firb.gov.au/about-firb
The site tells me 'Responsibility for making decisions on the Policy and proposals rests with the Treasurer.'
You should try The Treasury at https://treasury.gov.au/the-department/a....
As the OAIC has pointed out the FOI Act gives you a right to access documents, not be given answers to questions. I suggest you ask Treasury for documents that show which ports are owned by foreign interests, or something like that. If you don't ask for documents they will treat your request as invalid.
Good Luck
Steph