Complaint before the Commonwealth Ombudsman - NACC and corruption arising over the $610 million NAIF Loan complaint, page-4

Despite the lack of cooperation by NAIF's FOI Officer/Chief Legal Officer, Mr Chris Collins, I have been able, with the help of Chat-GPT, to produce a document closer to the image of the letter he sent.

This morning I asked, yet again, for the Decision Letter in a Word or equivalent format but it seems I can't even get that. The chances of getting the terms and conditions of the still-secret "secret" concessional loan are negligible.

The Chat-GPT produced versions of the Decision Letter is below:-

The Decision Letter - with the help of Chat-GPT.

"[Start of Extracted Text]

Australian Government | NAIF
Northern Australia Infrastructure Facility
24 April 2025

Howard Patrick
28 Hanley Street
Casey, ACT 2913

By email to: [email protected]

Dear Mr Patrick

Decision Letter — Freedom of Information Act Request

Background
I refer to your email to the Northern Australia Infrastructure Facility (NAIF) dated 26 February 2025, seeking access under the Freedom of Information Act 1982 (Cth) (FOI Act) to:

The documents held by NAIF which first revealed to NAIF that the foreign entity, J-Power, (and foreign entities associated with it), intended to undertake a takeover of the ASX listed Genex Power Ltd by way of acquiring all the shares in Genex Power Ltd so as to make it a company wholly owned and controlled by it, a foreign entity.

The dates and attendees of NAIF Board meeting held after NAIF became aware that Genex Power Ltd was to become wholly owned and controlled by J-Power rather than by the 8,000-odd, individual and mostly Australian shareholders and before the New South Wales Supreme Court finally approved the takeover transaction; Black J.

Agenda item documents submitted to the above meetings when the issue of the possibility of and legal implication of NAIF requiring J-Power, (in view of the complete change in ownership), to refinance the still-secret “secret” $610 million concessional loan was discussed.

Documented references to the issue of refinancing of the still-secret “secret” $610 million concessional loan documented in the Minutes of Meeting for the above meetings.

Documents tabled at the above meetings in which it was acknowledged that the Skip Capital scheme for the takeover of Genex Power Ltd was illegal and/or that the Macquarie Bank Group and/or persons associated with Macquarie were involved in both the Skip Capital and J-Power takeover schemes.

Any documents held by NAIF in which the legality of NAIF maintaining “strict secrecy” over the terms and conditions of the still-secret “secret” $610 million concessional loan, despite the fact that the benefits of the loan were to become solely available to the foreign entity(ies) which was to wholly own and control Genex Power Ltd.

Documents held by NAIF dealing with any expressions of concern by the Australian National Audit Office, (ANAO), about the ongoing secrecy of the loan now benefitting the foreign entity, J-Power, effectively the sole shareholder.

Documents pertaining to communications between NAIF and the National Anti-Corruption Commission, (NACC), between 19 June 2024 and when the takeover transaction was finally approved by Black J.

Any and all communications between NAIF and the Solicitor General and the Australian Government Solicitor concerning the legality of making the financial benefits of the still-secret “secret” $610 million concessional loan available to the foreign owner of all the shares in Genex Power Ltd, J-Power.

Documents submitted to the NAIF Act Review Panel explaining why NAIF did not require J-Power, given the complete and utter change of the ownership structure of Genex Power Ltd, to refinance the $610 million loan.

Documents submitted to the NAIF Act Review Panel justifying the loss of funds for new development projects in Northern Australia by not demanding the refinancing of the loan and/or explaining to the Panel members any impediments to refinancing.

Authority
I am an authorised decision maker under section 23 of the FOI Act and this letter sets out my decision on your request for access.

Timeframe for processing your request
Your request was received by NAIF on 26 February 2025. The statutory period for processing your request is 30 days.

On 3 March 2025, NAIF’s FOI Officer wrote to you to confirm that your request had been received.

On 24 March 2025, NAIF’s FOI Officer wrote to you advising that the statutory period for processing your request was extended by an additional 30 days to allow for consultation in accordance with section 15(6) of the FOI Act, and to clarify the scope of your request (see ‘Clarification of scope of your request’ below).

Accordingly, the time frame for processing your request expires on 27 April 2025. As this date falls on a Sunday, a decision is due on your request on the next business day, Monday 28 April 2025. Thank you for your cooperation while we have undertaken the required consultation and processed this request.

Clarification of scope of your request – Excluded matters
In NAIF's FOI Officer's correspondence of 24 March 2025, NAIF proposed to exclude:

The names and any other identifying information of NAIF employees and contractors that are not NAIF Board members or senior NAIF employees;

Any duplicate documents or documents that are substantively similar to another document (with the applicable original or ‘base’ documents being treated as within scope); and

Any publicly available documents (e.g., NAIF’s 23/24 annual report available on NAIF’s website).

NAIF received two email responses from you dated 25 March 2025 and 27 March 2025 respectively, which did not object. NAIF has therefore proceeded on the basis the scope is amended as proposed.

Interpretation
NAIF did not identify any documents in respect of items 3 to 11. However, in line with section 3 of the FOI Act (promoting access to government information), NAIF applied an expanded interpretation of item 3:

Agenda item documents submitted to any meetings of the NAIF board of directors held after NAIF first became aware of the potential change of control of Genex to J-Power, in which the change of control was discussed.

NAIF understood your reference to the “$610 million concessional loan” to mean the loan to Kidston Hydro Project Co Pty Ltd, trustee of the Kidston Hydro Project Trust, which is ultimately owned by Genex. For this decision, they are treated as one and the same: “the Proponent.”

Summary of decision
Following searches (with the expanded interpretation), NAIF identified 18 documents relevant to your request.

Partial access granted to all 18 documents.

Schedule of documents: See Attachment A.

Redactions explained: See Attachment B.

Review rights: See Attachment C.

Relevant information considered

Your request and correspondence;

FOI Act;

FOI Guidelines (s93A);

Third party consultation responses;

Northern Australia Infrastructure Facility Act 2016;

NAIF Investment Mandate Direction 2023;

Discussions with NAIF officers.

Review rights
You are entitled to seek a review. Attachment C explains your rights to request internal review or apply to the Information Commissioner.

Yours sincerely
Craig Doyle
Chief Executive Officer
Northern Australia Infrastructure Facility

[End of Extracted Text]"

More correspondence to Commissioner Brereton, Inspector Furness and Mr Iain Anderson, the Commonwealth Ombudsman, will be posted in the not too distant future.