7 July 2025
CR
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear CR
STATEMENT OF REASONS – ABC FOI 202425-050
I refer to your email sent Friday 4 October 2024 seeking access under the
Freedom of
Information Act 1982 (the
FOI Act) to:
…Internal communications (including, but not limited to, emails, memos, meeting
minutes, and other correspondence) among ABC leadership and senior management
concerning their responses to the findings of the Independent Review into ABC Systems
and Processes in Support of Staff who Experience Racism. Specifically, I am interested in
documents that capture:
- [A] Initial reactions to the content of the report.
- [B] Discussions regarding the potential impact of the report on ABC’s public image.
- [C] Any plans, strategies, or actions proposed or taken in response to the report's
findings.
On Thursday 14 November 2024, by email agreement, the scope of the request was
revised to the below:
…Internal communications (including, but not limited to, emails, memos, meeting
minutes, and other correspondence) among ABC leadership an senior management
concerning their responses to the findings of the Independent Review into ABC Systems
and Processes in Support of Staff who Experience Racism. Specifically, I am interested in
documents that capture:
- [A] Initial reactions to the content of the report.
- [B] *removed by agreement*
- [C] details on the immediate actions taken as a result of the report's release. This may
include, for example, the drafting of a press release, an apology, internal employee
communications, preparation for a media interview (such as drafting a speech),
consultation with PR and crisis management experts, etc. (for context: I am not seeking
information regarding ABC's long-term goals or commitments in response to the findings
of the report.)
Authorisation
I am authorised by the Managing Director of the ABC to make decisions about FOI
requests under s 23 of the FOI Act.
Legal ABC Ultimo Centre, 700 Harris Street, Ultimo NSW 2007
GPO Box 9994 Sydney NSW 2001 |
Email: xxx.xxx@xxx.xxx.xx
Reasons
As a formal decision was not made by the statutory due date, under s 15AC of the FOI
Act, the request became a deemed access refusal decision on the last day of the
processing period.
If you wish to pursue access to documents, you may:
1. Lodge a new FOI Request by email to
: xxx.xxx@xxx.xxx.xx
2. Seek approval to lodge a belated review of the deemed refusal decision by
contacting the Office of the Australian Commissioner (OAIC). Usually this
process step is required to be actioned within 60 days of the deemed refusal
decision, so the OAIC may or may not agree to undertake the review. However,
as a show of good faith, the ABC would not oppose you seeking an extension
of time to make an Information Commissioner review application.
Review rights
Your review rights are set out in
Annexure A.
These rights attach to the deemed
refusal decision of Friday
3 January 2025.
Yours sincerely
Ali Edwards
Head of Rights Management & FOI Decision Maker
xxx.xxx@xxx.xxx.xx
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Annexure A – Your Review Rights
APPLICATION FOR INFORMATION COMMISSIONER (IC) REVIEW
Following a deemed refusal decision, you have the right to apply to the Information
Commissioner (OAIC) for a review of the deemed decision. You do not have a right to
seek internal review of a deemed refusal decision.
Noting this decision became a deemed refusal on Friday
3 January 2025 your review
rights have likely been exhausted.
You may apply to the Information Commissioner for an extension of time to make an
application for IC review, noting the date this statement of reasons was issued to you.
The ABC will not oppose you seeking an extension of time.
Your application must:
• be in writing;
• be made
within 60 days of a deemed refusal decision;
• give details of how notices may be sent to you (eg. an email address); and
• include a copy of this Statement of Reasons.
Please refer to the OAIC website the IC review process page for further information
including the online form for applying for IC review:
https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-
rights/freedom-of-information-reviews
Alternatively, an application for IC Review can be emailed to:
xxxxx@xxxx.xxx.xx or
posted to:
Director of FOI Dispute Resolution
OAIC
GPO Box 5218
Sydney NSW 2001
The Information Commissioner has a discretion
not to undertake a review.
COMPLAINTS TO THE INFORMATION COMMISSIONER
You may complain to the Information Commissioner about action taken by the ABC in the
performance of functions, or exercise of powers, under the FOI Act. The Information
Commissioner may make inquiries for the purpose of determining whether or not to
investigate a complaint.
Complaints can be made in writing to:
OAIC - GPO Box 5218
Sydney NSW 2001
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