25 July 2025
Mr Patrick Wright / Peking Pamela
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Wright
STATEMENT OF REASONS – ABC FOI 202425-121
I refer to your email sent Friday 18 April 2025 seeking access to:
…Please provide all correspondence and records of other discussions produced and
received by the Mediawatch team related to transgender issues.
On Wednesday 30 April 2025, the ABC emailed you to clarify whether you were making
a freedom of information request or an informal request as your request did not
comply with s 15 of the
Freedom of Information Act (Cth) 1982 (the
FOI Act). The ABC
asked you to nominate a timeframe for searches as no period of time had been given
and clarify whether your request for documents was made under the FOI Act.
On Monday 5 May 2025, the ABC emailed you seeking confirmation that you were
receiving emails and advising that your email was not a request that complied with the
FOI Act meaning the ABC was not able to process it as a valid freedom of information
request. The ABC advised that if you did not respond, the request would be closed as
invalid. To date, the ABC has not received any response from you.
The ABC also advised you in that email that the ABC’s program material is not subject
to an access request under the FOI Act. The ABC did not hear from you in response to
this particular request, or in response to other emails sent to you relating to other
emails received in the past few months.
Had you made a valid request a decision would have been due by Monday
19 May 2025.
Authorisation
I am authorised by the Managing Director of the ABC to make decisions about FOI
requests under s 23 of the FOI Act.
Material taken into account
In making my decision I have considered:
• the scope of your request
• the content of the documents requested
• the FOI Act
• the guidelines issued by the Office of the Australian Information Commissioner
under s 93A of the FOI Act (
the Guidelines)
Locating and identifying documents
The search for documents included approaching the current Media Watch team.
Legal ABC Ultimo Centre, 700 Harris Street, Ultimo NSW 2007
GPO Box 9994 Sydney NSW 2001 |
Email: xxx.xxx@xxx.xxx.xx
Invalid wording – s 15 of the FOI Act
Under s 15 of the FOI Act, a valid request must provide information that is reasonably
necessary to enable a responsible officer of the agency to identify the document(s)
sought. Your scope did not include a timeframe for searches meaning we were unable
to ascertain whether current and or former Media Watch team members (or both) were
required to search, and how far back they should search. In addition, without clarity
over a timeframe for emails, the request included searches over email accounts of staff
members who have left the ABC or were on leave at the time of receiving your email of
18 April 2025.
You have not acknowledged receipt or replied to any emails the ABC has sent over the
past few months. We consider you are currently uncontactable.
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
a. If you do, please include a fixed timeframe for searches, and
b. If possible, nominate names of Media Watch staff who should search for
documents.
2. Seek review of the deemed refusal decision by contacting the Office of the
Australian Commissioner (OAIC) within 60 days of the deemed refusal decision.
Review rights
Your review rights are set out in
Annexure A.
These rights attach to the deemed refusal
decision of Monday
19 May 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
If you are dissatisfied with this decision you can apply for Internal Review of the decision by the
ABC, or Information Commissioner (IC) Review. You do not have to apply for Internal Review
before seeking IC Review.
APPLICATION FOR INTERNAL REVIEW BY THE ABC
You have the right to apply for an internal review of the decision refusing to grant access to
documents. If you apply for an internal review, a delegate who is not the person who made the
initial decision will undertake a review and make a fresh decision.
You must apply in writing for an internal review of the decision
within 30 days of receipt of this
letter. No particular form is required, although it helps if you set out the reasons for review in
your application and include the decision under review.
Application for a review of the original decision should be emailed to
: xxx.xxx@xxx.xxx.xx
or posted to:
FOI team
ABC Legal
GPO Box 9994
SYDNEY NSW 2001
APPLICATION FOR INFORMATION COMMISSIONER (IC) REVIEW
Alternatively, you have the right to apply for a review by the Information Commissioner of the
decision refusing to grant access to documents. Your application must:
• be in writing;
• be made
within 60 days of receipt of this letter (the original decision or the internal
review decision, or a deemed refusal decision). Note the ABC will not oppose a belated
application for review provided it is made within 60 days of missing the formal deadline.
• give details of how notices may be sent to you (eg. an email address); and
• include a copy of the decision for which a review sought.
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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