OFFICIAL
24 November 2025
Glenn Hamiltonshire
By email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
ACMA file reference: ACMA2025/1301
Dear Mr Hamiltonshire
Request for access to documents under the Freedom of Information Act 1982
I refer to your
Freedom of Information Act 1982 (FOI Act) request received on
19 November 2025 in which you sought access to:
“ a. all previous drafts or preparatory (,or words to such effect) reports into the
Brownlow broadcast incident, arrived at prior to the final 21 December final report
publication.
b. all internal and external correspondence held by the ACMA in relation to the
Brownlow broadcasting incident”
You have confined the scope of your request to:
• exclude duplicates and documents already publicly released, including media
requests, reports, articles and statements to the media;
• include only the final message in an email chain as long as previous messages are
captured;
• exclude the names and direct contact details of non-senior staff (except for domain
and job titles in relation to email addresses or signature blocks on emails).
Charges
The processing charges which the ACMA is entitled to charge are prescribed in the
Freedom
of Information (Charges) Regulations 2019.
These charges include:
searching and retrieving ($15.00 per hour)
making a decision on access ($20.00 per hour after the first 5 hours, which are for
free)
photocopying a written document (10 cents per page)
making a copy of a written document other than a photocopy ($4.40 per page)
postage or delivery (an amount not exceeding cost of postage or delivery)
PO Box Q500, Queen Victoria Building, NSW 1230
xxxx@xxxx.xxx.xx | acma.gov.au
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transcribing ($4.40 per page)
supervising, if the applicant wishes to inspect ($6.25 per half an hour, or part
thereof).
The ACMA will, in accordance with section 29 of the Act, advise you if you are liable to pay
any charge and provide a preliminary assessment of those charges.
Third party consultation
A number of documents which fall within the terms of your request contain personal
information about third persons.
Section 47F of the FOI Act relevantly provides:
(1) A document is conditionally exempt if its disclosure under this Act would involve
the unreasonable disclosure of personal information about any person (including a
deceased person).
A number of documents which fall within the terms of your request also contain information
about the business or professional affairs of third persons.
Section 47G of the FOI Act relevantly provides:
(1) A document is conditionally exempt if its disclosure under this Act would disclose
information concerning a person in respect of his or her business or professional
affairs... in a case in which the disclosure of the information:
(a)
would, or could reasonably be expected to, unreasonably affect that
person adversely on respect of his or her lawful business or professional
affairs....
As the individuals whose personal information and/or information concerning their business
or professional affairs, appears in these documents may reasonably wish to contend that the
information is exempt under subsection 47F(1) or paragraph 47G(1)(a) of the FOI Act, the
ACMA is required, in accordance with section 27 and section 27A of the FOI Act, to give
them a reasonable opportunity to make submissions in relation to the application of the
exemption.
I am therefore writing to the relevant individuals in relation to the documents that contain
their personal information (subject to your agreement to narrow the scope of your request as
suggested below) and/or information concerning their business or professional affairs.
I note that information about your identity will not be shared with those consulted.
Time for processing
The statutory timeframe for responding to your request under the FOI Act is generally 30
days, commencing the day following the day on which the ACMA received the valid
application.
PO Box Q500, Queen Victoria Building, NSW 1230
xxxx@xxxx.xxx.xx | acma.gov.au
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However, to enable third-party consultation, the statutory time period for processing the
request has, in accordance with subsection 15(6) of the FOI Act, been extended by an
additional 30 days to 19 January 2025.
In accordance with subsection 15(5) of the FOI Act, we will notify you of a decision regarding
your request as soon as practicable, but in any event by 19 January 2025 unless the
timeframe is extended under the FOI Act.
Next Steps
To assist in identifying the documents that you are seeking access to it is necessary to
clarify the scope of your request.
Please confirm at your earliest convenience by return email if you are happy to narrow the
scope of your request as set out below (changes in bold):
for “all previous drafts or preparatory (or words to such effect) reports,
in which
material amendments or edits were made, into the Brownlow broadcast incident,
arrived at prior to the final 21 December final report publication”
In relation to your request for “all internal and external correspondence held by the ACMA in
relation to the Brownlow broadcasting incident”, we note there are a large number of
documents which fall within the scope of this category, but which do not relate to the
investigation of the Brownlow broadcasting incident. To ensure that you receive the most
relevant documents, please confirm if you agree to narrow the scope of your request as
follows:
• exclude parts of any document that would involve the disclosure of the personal
information of any person, including the names and contact details of individuals
whose details are not in the public domain and ACMA staff;
• exclude any duplicates of a document;
• exclude any internal emails between ACMA staff relating to media enquiries relating
to the Brownlow Medal investigation, except for the initial media request and the
ACMA’s final response to the enquiry;
• exclude any internal emails between ACMA staff relating to the preparation of the
news article that accompanied the publication of the outcome of the investigation;
• exclude any and all internal and external correspondence following the publication of
the outcome of the investigation.
Given the processing times for FOI requests, I would be grateful if you could provide a
response at your earliest convenience or by no later than close of business on
Wednesday,
26 November 2025.
Further information
Further information about the FOI Act, including the ACMA’s publication obligations, is
available on the ACMA’s website at
www.acma.gov.au/freedom-information.
PO Box Q500, Queen Victoria Building, NSW 1230
xxxx@xxxx.xxx.xx | acma.gov.au
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Please do not hesitate to contact me at
xxxxxxxx.xxxxxxx@xxxx.xxx.xx or 02 9334 7895 if
you have any questions.
Yours sincerely
Jeanette Knowler Manager, Gambling Compliance Team
PO Box Q500, Queen Victoria Building, NSW 1230
xxxx@xxxx.xxx.xx | acma.gov.au
OFFICIAL
