Vexatious Applicant requests

Ben Fairless made this Freedom of Information request to Australian Securities and Investments Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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The request was successful.

Dear Australian Securities and Investments Commission,

Can you please provide a copy of any application made to OAIC to have an FOI applicant made vexatious?

I am happy for you to withold the personally identifiable information of the individual.

Can you process this request administratively? If not, please treat it as a formal FOI request.

Yours faithfully,

Ben Fairless

Dear Mr Fairless,

ASIC acknowledges receipt of your below request.

Please be advised that as your request relates to documents concerning a
third party/ies , ASIC will be required to conduct third party
consultation under s 27 and or s27A of the FOI Act prior to considering
release. ASIC cannot therefore release the documents to you
administratively.

Accordingly ASIC intends to treat your request as a request made under the
FOI Act.

Yours sincerely

From: Ben Fairless <[FOI #1502 email]>
To: FOI requests at ASIC <[ASIC request email]>,
Date: 19/01/2016 11:50 AM
Subject: Freedom of Information request - Vexatious Applicant
requests

--------------------------------------------------------------------------

Dear Australian Securities and Investments Commission,

Can you please provide a copy of any application made to OAIC to have an
FOI applicant made vexatious?

I am happy for you to withold the personally identifiable information of
the individual.

Can you process this request administratively? If not, please treat it as
a formal FOI request.

Yours faithfully,

Ben Fairless

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #1502 email]

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requests to Australian Securities and Investments Commission? If so,
please contact us using this form:
[2]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:
[3]https://www.righttoknow.org.au/help/offi...

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.

show quoted sections

Letter to applicant charges estimate dated 4 February 2016.pdf

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Dear Mr Fairless

Please find attached letter of today's date concerning your FOI request
dated 19 January 2016.

From: FOIrequest/Sydney/NSW/ASIC
To: Ben Fairless <[FOI #1502 email]>,
Date: 03/02/2016 02:54 PM
Subject: Re: Freedom of Information request - Vexatious Applicant
requests (Treat as In Confidence) [DLM=Sensitive]
Sent by: Mirijana Soldatic

--------------------------------------------------------------------------

Dear Mr Fairless,

ASIC acknowledges receipt of your below request.

Accordingly ASIC intends to treat your request as a request made under the
FOI Act.

Yours sincerely

From: Ben Fairless <[FOI #1502 email]>
To: FOI requests at ASIC <[ASIC request email]>,
Date: 19/01/2016 11:50 AM
Subject: Freedom of Information request - Vexatious Applicant
requests

--------------------------------------------------------------------------

Dear Australian Securities and Investments Commission,

Can you please provide a copy of any application made to OAIC to have an
FOI applicant made vexatious?

I am happy for you to withold the personally identifiable information of
the individual.

Can you process this request administratively? If not, please treat it as
a formal FOI request.

Yours faithfully,

Ben Fairless

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #1502 email]

Is [ASIC request email] the wrong address for Freedom of Information
requests to Australian Securities and Investments Commission? If so,
please contact us using this form:
[3]https://www.righttoknow.org.au/change_re...

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.

show quoted sections

Dear Mirijana,

Thank you for your letter and for clearly explaining how the charges apply in this case. Whilst I reserve my rights to make a contention on the charges, I would like to see by how much the charges would reduce if I limited the scope of my request to:
- A copy of the 15 page VAA
- Letters between ASIC and various government agencies

If possible, it would help to know which agencies ASIC corresponded with (except for the applicant and the OAIC). This could cause me to remove the 2nd part of my request.

If the case ASIC is referring to is "Australian Securities and Investments Commission and Sweeney [2013] AICmr 62 (9 August 2013)" I note that the individual subject to that order made a request that their name be made public, which has resulted in the decision against them being made public. I don't understand why you would need to consult with the individual given their desire for their details to be published online.

Similarly, I am not aware of an obligation to consult with other government agencies when there is correspondence between agencies. In line with the lowest possible cost objectives of the Act, I would respectfully submit that, should you wish to consult with them, that I shouldn't be required to pay for additional work outside the scope of the FOI Act.

Yours sincerely,

Ben Fairless

Dear Mr Fairless

I estimate that limiting your request to a copy of the 15 page VAA and the
letters passing between ASIC and other government agencies would reduce
the charges applicable to your request to nil. This is on the basis that
the first 5 hours of decision making time is free and I estimate that the
time spent on decision making would not exceed 5 hours. This is on the
basis that the only parties that would need to be consulted are the
applicant subject of the VAA and the government agencies. The agencies/
departments ASIC would be consulting are the OAIC, the Commonwealth
Treasury and the Commonwealth Ombudsman.

In relation to your comments regarding consultation with the VAA applicant
I am unable to comment any further prior to consultation with the
applicant regarding release of their personal information in the context
of this FOI request. The particular documents you have sought access to
are not on the public record therefore consultation with the VAA applicant
will be required before ASIC can consider disclosure.

In relation to your comments regarding consultation with other agencies,
whilst the FOI Act does not require consultation with other agencies
(other than in circumstances contemplated by ss26A & 26AA) Part 3 of the
OAIC guidelines state the following:

3.69 Prompt and effective consultation with relevant parties involved in
dealing with an FOI access request is essential to good administration.

3.70 Each agency or minister is required to make their own decision in
relation to a request for access under the FOI Act. However, before making
a decision about release of a document it is good practice to consult with
other relevant agencies, even when the FOI Act does not require
consultation and when the agency does not intend to disclose the document.

Please advise if you have any further questions and how you would like to
proceed..

Yours sincerely

show quoted sections

Dear Mirijana,

Please proceed with the reduction of scope as outlined in my email on 4 Feb.

Yours sincerely,

Ben Fairless

Letter to applicant third party consultation 15 February 2016.pdf

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Dear Mr Fairless

Please find attached letter of today's date concerning your FOI request
dated 19 January 2016.

Please consider the environment before printing this document

Information collected by ASIC may contain personal information. Please
refer to our Privacy policy http://www.asic.gov.au/privacy for information
about how we handle your personal information, your rights to seek access
to and correct personal information, and how to complain about breaches of
your privacy by ASIC.

NOTICE

This e-mail and any attachments are intended for the addressee(s) only and
may be confidential. They may contain legally privileged or copyright
material. You should not read, copy, use or disclose them without
authorisation. If you are not the intended recipient please contact the
sender as soon as possible by return e-mail and then please delete both
messages. This notice should not be removed.

References

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VAA with redactions.pdf

815K Download View as HTML
ASIC letter to Treasury dated 25.10.2010 with redactions.pdf

671K Download View as HTML
ASIC letter to Ombudsman dated 5.7.2011 with redactions.pdf

402K Download View as HTML
Decision letter to the applicant dated 23.3.2016.pdf

330K Download View as HTML

Dear Mr Fairless

Please find attached letter of today's date concerning your FOI request
dated 19 January 2016.

Please consider the environment before printing this document

NOTICE

References

Visible links
1. mailto:[email address]

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Vexatious Applicant requests

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