link to page 4
Our reference: CB 24-236
Alex Sullivan
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sullivan
Decision on your Freedom of Information Request
I refer to your request of 12 January 2024, to the Classification Board (the Board), seeking access to documents
under the
Freedom of Information Act 1982 (FOI Act).
1
Your request
You requested access to:
Documents held by the Board relating to the classification of the 1992 film "Braindead", directed by
Peter Jackson.
I am seeking information related to the classification process, decision-making, and discussions that took
place regarding the film's classification. Specific [sic] documentation I am seeking is internal
correspondence, correspondence with the film's distributor, meeting minutes, classifier blues/censor
notes, reports, and any documents that you may deem relevant to my request.
2
Authority to make decision
I am authorised to make decisions in relation to Freedom of Information requests under section 23(1) of the
FOI Act.
3
Decision
I have identified 32 documents that are relevant to your request. These documents were in the possession of
the Board when your request was received.
I have decided to grant access in full to relevant information in 32 documents.
A schedule setting out the documents relevant to your request, with my decision in relation to those
documents, i
s at ATTACHMENT A.
GPO Box 594, Canberra ACT 2601, Australia
1800 075 001
infrastructure.gov.au | arts.gov.au
3.1 Section 22 – deletion of irrelevant material
Section 22 of the FOI Act applies to documents containing irrelevant material and allows an agency to delete
such material from a document.
The documents relevant to your request also contain personal identifiers of public servants and third parties.
When your request was acknowledged, we notified you that personal information of third parties and public
servants below the SES level as well as all email addresses, signatures and direct telephone numbers would be
considered irrelevant to the scope of your request unless you told us that you were expressly seeking access to
that information. On the basis that you did not notify us otherwise, I decided this information is irrelevant to
your request.
As I decided that the information outlined above is irrelevant to your request, I have prepared an edited copy
of the documents being released by deleting the irrelevant information under section 22(1)(a)(ii) of the FOI Act.
4
Material taken into consideration
In making my decision, I had regard to the following:
• the terms of your request
• the content of the documents captured by your request
• the provisions of the FOI Act
• the guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(the FOI Guidelines)
• submissions from third parties consulted about documents which contain information concerning
them.
5
Legislative provisions
The FOI Act, including the provisions referred to in my decision, are available on the Federal Register of
Legislation w
ebsite: www.legislation.gov.au/Series/C2004A02562.
6
Your review rights
If you are dissatisfied with my decision, you may apply for a review of it.
Information Commissioner review or complaint
You have the right to seek a review by the Information Commissioner of this decision.
An application for IC review must be made in writing to the Office of the Australian Information Commissioner
(OAIC) within 60 days of the decision.
If you are not satisfied with the way we have handled your FOI request, you can lodge a complaint with the
OAIC. However, the OAIC suggests that complaints are made to the agency in the first instance.
More information about the Information Commissioner reviews and complaints is available on the OAIC website
here: www.oaic.gov.au/freedom-of-information/foi-review-process.
2
7
Publication of material released under the FOI Act
Where I have decided to release documents to you, we may also publish the released material on our Disclosure
Log. We will not publish personal or business affairs information where it would be unreasonable to do so.
For your reference our Disclosure Log can be found here:
www.infrastructure.gov.au/about-us/freedom-
information/freedom-information-disclosure-log.
Further information
The Department of Infrastructure, Transport, Regional Development, Communications and the Arts provides
administrative assistance to the Classification Board in relation to FOI matters. If you require further
information regarding this decision, please contact the Department’s FOI Section at
xxx@xxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Tristan Sharp
Acting Director
Classification Board
8 March 2024
3
link to page 1
ATTACHMENT A.
SCHEDULE OF DOCUMENTS CB 24-
Doc
Date of
Description of document
Num of Decision on access
Provision of
No.
document
Pages
FOI Act
1.
No date
Film synopsis
1
Access granted in full
2.
18/06/1992
Application for the registration of a film (104 min version)
2
Access granted to relevant information
s22
3.
26/06/1992
Classifier blues (104 min version)
14
Access granted to relevant information
s22
4.
26/06/1992
Classifier blues (104 min version)
14
Access granted to relevant information
s22
5.
26/06/1992
Classifier blues (104 min version)
7
Access granted to relevant information
s22
6.
26/06/1992
Rescreen request note
1
Access granted to relevant information
s22
7.
01/07/1992
Classifier blues (104 min version)
5
Access granted to relevant information
s22
8.
01/07/1992
Classifier blues (104 min version)
10
Access granted to relevant information
s22
9.
01/07/1992
Classifier blues (104 min version)
17
Access granted to relevant information
s22
10.
01/07/1992
Decision report (104 min version)
1
Access granted to relevant information
s22
11.
01/07/1992
Summary sheet (104 min version)
1
Access granted to relevant information
s22
12.
17/07/1992
Classification certificate (104 min version)
1
Access granted to relevant information
s22
13.
04/08/1992
Trailer application letter
1
Access granted to relevant information
s22
14.
07/08/1992
Trailer blues
1
Access granted to relevant information
s22
15.
No date
Trailer blues
2
Access granted to relevant information
s22
16.
10/08/1992
Correspondence in relation to trailer
1
Access granted to relevant information
s22
17.
27/01/1993
Application for the registration of a film (98 min version)
2
Access granted to relevant information
s22
18.
27/01/1993
Application for the registration of a film (trailer)
1
Access granted to relevant information
s22
19.
12/02/1993
Classifier blues (98 min version)
3
Access granted to relevant information
s22
20.
12/02/1993
Classifier blues (98 min version)
6
Access granted to relevant information
s22
21.
15/02/1993
Classification certificate (98 min version)
1
Access granted to relevant information
s22
22.
02/03/1993
2nd trailer blues
1
Access granted to relevant information
s22
23.
02/03/1993
2nd trailer blues
1
Access granted to relevant information
s22
24.
No date
2nd trailer blues
1
Access granted to relevant information
s22
25.
02/03/1993
Summary Sheet (98 min version)
1
Access granted to relevant information
s22
26.
09/03/1993
Correspondence in relation to trailer
1
Access granted to relevant information
s22
4
Doc
Date of
Description of document
Num of Decision on access
Provision of
No.
document
Pages
FOI Act
27.
01/07/1993
Enquiry about censorship status
1
Access granted to relevant information
s22
28.
15/07/1993
Response to enquiry about censorship status
1
Access granted to relevant information
s22
29.
15/02/1994
Application for classification of VHS release
4
Access granted to relevant information
s22
30.
23/02/1994
Classifier blues (VHS release)
2
Access granted to relevant information
s22
31.
23/02/1994
Summary Sheet (VHS release)
1
Access granted to relevant information
s22
32.
02/03/1994
Classification certificate (VHS release)
1
Access granted to relevant information
s22
5