OFFICIAL
16 February 2026
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
1. I refer to your
Freedom of Information Act 1982 (FOI Act) request received 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”
2. You 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).
3. I confirm that I am an authorised decision maker within the meaning of section 23 of the FOI
Act.
4. In correspondence dated 24 November 2025, you agreed to:
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 and all internal and external correspondence following the publication of
the outcome of the investigation, which do not materially relate to this incident and the
investigation.
5. In the same correspondence you did not agree to:
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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; noting “
It is my firm view that, given the ongoing public
debate and community concern regarding the treatment of, response to, and regulation
of gambling advertisements and the like in society, that these documents are in the
public interest and are pertinent to my request”;
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; noting “
As
observed in similar FOI requests for other agencies on media releases, the process of
drafting, detailing, and refining of media releases with respect to issues of debate, it is
my view that is relevant to the matter at hand”
6. Falling within the terms of the request are documents that contain information concerning the
business or professional affairs of a person (section 47G of the FOI Act). Consequently, I
undertook third-party consultation in accordance with section 27 of the FOI Act in order to
provide the affected third parties with an opportunity to make a submission in support of the
application of the relevant exemption. I wrote to you on 19 November 2025 confirming this
consultation was to take place and that the time for processing the request had therefore been
extended by a further 30 days.
7. Further, on 17 December 2025 you agreed to an extension to the processing of your request
until 2 February 2026 and on 22 January 2026 to a further extension until 16 February 2025.
We note that the ACMA has notified the Office of the Australian Information Commissioner (OAIC)
of these agreements to extend the processing time of the FOI application, under section 15AA of
the FOI Act.
Schedule of documents
8. Attached is a schedule of documents which I consider fall within the terms of the request.
9. Documents marked “Release” are to be released to you in full. A number of the documents
listed in the schedule are marked “Partial Release.” These are documents which will be
released to you subject to deletion of information which I consider is exempt or which is
irrelevant. The information has been edited in accordance with section 22 of the FOI Act.
10. Documents marked “Exempt” are documents which are exempt in full and will not be released
to you.
11. I have specified in the schedule the section/s of the FOI Act upon which I rely to claim
exemptions. Each ground for exemption is discussed below.
Material taken into account
12. I have taken the following material into account in making my decision on access:
the FOI Act
the guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (the guidelines)
the FOI request and correspondence clarifying the scope of the request
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the views of the third parties consulted under section 27 of the FOI Act.
Decision on access and reasons
13. There are 82 documents that fall within the scope of the request.
14. I will, for the purposes of explaining my decision on access, identify documents by reference to
the numbers I have allocated in the attached schedule. Please have regard to the schedule for
the discussion regarding exemptions and conditional exemptions below.
15. The documents can be grouped into the following categories:
complaint from member of the public (document 1) and emails relating to that complaint
(documents 2 and 3)
complaint and investigation assessment (CIA) (document 4), and internal emails regarding
the CIA (document 5)
internal emails regarding the complaint and preliminary investigation report (documents
6,7,8 and 9)
legal communications (documents 10, 12, 13, 16, 19, 21, 25, 26, 29, 43, 47 and 51)
internal communications regarding drafts of and publication of the outcome of the
investigation and news article relating to the investigation (documents 11, 14, 15, 20, 22,
23, 27, 28, 30, 31, 33, 34, 37, 38, 41, 42, 44, 45, 46, 48, 49, 50, 52, 53, 54, 55, 56, 57, 58,
59, 60, 61, 64, 68, 71, 72 and 73 )
internal communications regarding the findings of the investigation and investigation report
(documents 17 and 18)
internal communications regarding correspondence to the complainant, the investigated
service and third parties regarding the findings of the investigation (documents 24, 32, 35,
36, 39, 40, 65, 66 and 67)
communications to the complainant, the investigated service and third parties regarding the
findings of the investigation (documents 62, 63, 69, 70 and 74)
internal communication regarding a media enquiry about the investigation (documents 75,
76, 77, 78, 79, 80, 81 and 82)
Documents released in full
16. Documents 22, 27, 31, 33, 34, 44, 53, 54, 55, 57, 58, 59, 60, 64 and 71 are released in full.
Documents that are exempt in full
17. Documents 8, 10, 12, 13, 16, 19, 21, 25, 26, 29, 43, 47 and 51 are exempt in full and will not be
released to you. The exemptions that apply to each of the documents, and the reasons for my
decision are set out below. Where it is my decision that a number of exemptions apply to
information contained in the document, and I have decided to exempt the document in full, it is
because I do not consider it reasonably practicable to redact all of the exempt information or I
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consider that removal of the exempt material would leave only a skeleton of the former
document conveying little or no substance.
Documents to be partially released subject to deletion of irrelevant or exempt information
18. As indicated in the attached schedule of documents, documents 1-7, 9, 11, 14-15, 17-18, 20,
23-24, 28, 30, 32, 35-42, 45-46, 48-52, 56, 61-63, 65-70, 72-82 will be partially released to you.
I consider that it is reasonably practicable for the ACMA to release a copy of those documents
to you with irrelevant or exempt information redacted, in accordance with section 22 of the FOI
Act, as discussed below.
Documents containing material that is irrelevant or out of scope
19. As set out above, you agreed to refine the scope of your request to exclude parts of any
document that would involve the disclosure of personal information. Documents 1-9, 11, 14-15,
17-18, 20, 23-24, 28, 30, 32, 35-42, 45-46, 48-50, 52, 56, 61-63, 65-70, 72-82 are emails,
documents and letters that contain personal information which is outside the scope of the
request. I have, in accordance with section 22 of the FOI Act, redacted this personal
information. Where these documents include email trails that include emails sent from the
ACMA which include information that is out of scope, that information has also been redacted.
20. Documents 6, 7, 9, and 37 contains references to entities or matters that are not within the
scope of your request. References to those entities and matters have been deleted under
section 22 of the FOI Act on the basis that it is not relevant to your request.
Documents containing material exempt under sections 42 and 47C of the FOI Act
21. Documents 4, 6-10, 12-13, 16, 19, 21, 23-24, 25-26, 29-30, 37-38, 42-43, 47, 49, 51, 56 and 78
contain information that I consider to be exempt under sections 42 or 47C of the FOI Act. The
exemptions that apply to each document, and the reasons for my decision are outlined below.
22. The exempt information has been redacted under section 22 of the FOI Act.
Exemptions
Documents subject to legal professional privilege (section 42)
23. Section 42 relevantly provides that a
document is an exempt document if it is of such a nature
that it would be privileged from production in legal proceedings on the grounds of legal
professional privilege.
24. Documents 10, 12, 13, 16, 19, 21, 25, 26, 29, 43, 47, 49, 51 and 56 contain information in the
form of communications between members of the ACMA’s legal team and members of the
ACMA gambling compliance team. I am satisfied that the communications arose in
circumstances where there is a legal advisor – client relationship, the communications where
for the dominant purpose of giving and receiving legal advice, the advice given was
independent and the advice given was confidential.
25. For the above reasons, I have decided to exempt in full documents 10, 12, 13, 16, 19, 21, 25,
26, 29, 43 and 47.
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Conditional exemptions
Documents containing information about deliberative processes (section 47C)
26. Subsection 47C(1) of the FOI Act provides that a document is conditionally exempt if its
disclosure would disclose matter (deliberative matter) in the nature of, or relating to, opinion,
advice or recommendation obtained, prepared or recorded, or consultation or deliberation that
has taken place, in the course of, or for the purposes of, the deliberative processes involved in
the functions of an agency.
27. The exemption does not apply to operational information or purely factual material or to:
(a) reports (including reports concerning the results of studies, surveys or tests) of
scientific or technical experts, whether employed within an agency or not, including
reports expressing the opinions of such experts on scientific or technical matters;
(b) reports of a body or organisation, prescribed by the regulations, that is established
within an agency;
(c) the record of, or a formal statement of the reasons for, a final decision given in the
exercise of a power or of an adjudicative function.
28. Documents 4, 6, 7, 8, 9, 23, 24, 30, 37, 38, 42 and 78 set out discussions between ACMA staff
relating to the ACMA’s compliance, investigation and enforcement functions under the
Interactive Gambling Act 2001. In my view, these documents concern opinions, advice and
recommendations that were prepared as part of a deliberative process. Noting that at that time
the ACMA had not yet come to a final decision, I am satisfied that the information contained in
these documents does not contain a decision or conclusion reached at the end of a deliberative
process but rather reflects ongoing deliberations at the time.
29. I am satisfied that these documents contain deliberative matter; that this deliberative matter
was obtained, prepared or recorded in the course of, or for the purposes of, deliberative
processes, namely the investigation of complaints received by the ACMA; and I am satisfied
that these deliberative processes were involved in the ACMA’s gambling advertising
compliance, investigation and enforcement functions exercised by or intended to be exercised
by the ACMA.
30. For all the above reasons, I consider that the information in above listed documents is
conditionally exempt pursuant to subsection 47C(1) of the FOI Act. Conditionally exempt
documents are only withheld where their release is contrary to the public interest. My
deliberation on public interest and, consequently, the release of these documents, are included
below.
Would the disclosure of documents conditionally exempt pursuant to subsection 47C(1) of the FOI
Act be contrary to the public interest?
31. The public interest is considered to be something that is of serious concern or benefit to, or in
the interest of the public and related to matters of common concern or relevance to all
members of the public, or a substantial section of the public. In making my decision on whether
access to the conditionally exempt documents is, on balance, contrary to the public interest for
the purposes of subsection 11A(5) of the FOI Act, I have taken into account the relevant factors
favouring disclosure in subsection 11B(3), and have not taken into account any of the irrelevant
factors in subsection 11B(4) of the FOI Act.
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32. On balance, I consider that the factors against disclosure outweigh the factors favouring
disclosure in relation to the documents identified above.
33. Factors I consider favouring access to the documents, are that release of the information in the
documents to which I have decided section 47C applies, would promote the objects of the FOI
Act, and may promote oversight of the ACMA in relation to its role in enforcing gambling laws
against the promotion of illegal offshore gambling providers.
34. Factors I consider weight against disclosure are:
> Document 8 is a preliminary investigation report that was drafted during an ongoing
investigation. I am satisfied that the information is not merely descriptive, procedural or
administrative, but is of a deliberative nature. In my view, this document concerns
opinions, advice and recommendations that were prepared as part of a deliberative
process, being the ACMA’s preliminary findings in relation to an ongoing investigation.
Noting that at that time the ACMA had not yet come to a final decision, I am satisfied
that the information contained in this document does not contain a decision or
conclusion reached at the end of a deliberative process but rather reflects ongoing
deliberations.
> Documents 4 and 6, 7, and 9, contain draft investigation assessment, report content
and comments. Documents 23, 30,37, 38, 42, and 78 contain internal communications
regarding drafts of and publication of the outcome of the investigation and the news
article relating to the investigation. There is a public interest in maintaining
confidentiality over agency ‘thinking’ processes in relation to matters that at the time
were ongoing, part-considered, and in relation to which no final decision had then been
made. That is, it is not in the public interest to reveal preliminary views about issues
where no final decision has been made. Similarly, there is also a public interest in
maintaining this confidentiality after the compliance, investigation and enforcement
process has been concluded, as similar matters will very likely occur in future.
> The ACMA has published a detailed investigation outcome to provide clarity on the
matter in the public domain. The final investigation at report at Document 17 has been
released almost in full of only redactions made to personal information.
35. Accordingly, I consider that the relevant information in documents 4, 6, 7, 8, 9, 23, 24, 30, 37,
38, 42 and 78 are exempt under subsection 47C of the FOI Act.
36. For the above reasons, I have decided to partially release the above documents (except
document 8) subject to the redaction of information that is exempt under section 47C. I note
that this exemption does not apply to factual material in each of these documents.
37. For Document 8, where it is my decision that a number of exemptions apply to information
contained in the document, and I have decided to exempt this document in full, it is because I
do not consider it reasonably practicable to redact all of the exempt information or I consider
that removal of the exempt material would leave only a skeleton of the former document
conveying little or no substance.
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Access to documents
38. Accordingly, enclosed are copies of the documents which are released to you.
39. Additionally, please be aware that information released under the FOI Act will later be published
on the ACMA’s disclosure log, subject to certain exceptions. The ACMA’s disclosure log is
available her
e: FOI Disclosure Log | ACMA. Your personal information, including your name and
email address, will be redacted prior to the documents being published on the disclosure log.
Your rights of review
40. Please find enclosed the ACMA’s Information Sheet entitled ‘Freedom of Information Act 1982
- Rights of Review’.
If you have any questions, please contact me on (02) 9334 7895 or
xxxxxxxx.xxxxxxx@xxxx.xxx.xx.
Yours sincerely
Jeanette Knowler
Manager, Gambling Compliance Team
Authorised decision maker pursuant to subsection 23(1) of the FOI Act
Encl: Schedule of Documents
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Schedule of Documents
Doc no. Date
Document type
Decision on
Section/s relied on
access
1
03-Oct-22
PDF document
Partial release
s22
2
07-Nov-22
Email
Partial release
s22
3
08-Nov-22
Email
Partial release
s22
4
10-Nov-22
PDF document
Partial release
s22, s47c
5
10-Nov-22
Email
Partial release
s22
6
11-Nov-22
Email
Partial release
s22, s47c
7
16-Nov-22
Email
Partial release
s22, s47c
8
17-Nov-22
Word document
Exempt
s22, s47c
9
17-Nov-22
Email
Partial release
s22, s47c
10
17-Nov-22
Email
Exempt
s42
11
25-Nov-22
Email
Partial release
s22
12
29-Nov-22
Email
Exempt
s42
13
29-Nov-22
Email
Exempt
s42
14
01-Dec-22
Email
Partial release
s22
15
06-Dec-22
Email
Partial release
s22
16
07-Dec-22
Word document
Exempt
s42
17
07-Dec-22
PDF document
Partial release
s22
18
07-Dec-22
Email
Partial release
s22
19
07-Dec-22
Email
Exempt
s42
20
07-Dec-22
Email
Partial release
S22
21
07-Dec-22
Email
Exempt
s42
22
08-Dec-22
Word document
Release
N/A
23
09-Dec-22
Email
Partial release
s22, s47c
24
09-Dec-22
Email
Partial release
s22, s47c
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25
12-Dec-22
Email
Exempt
s42
26
12-Dec-22
Email
Exempt
s42
27
12-Dec-22
Word document
Release
N/A
28
12-Dec-22
Email
Partial release
s22
29
12-Dec-22
Email
Exempt
s42
30
13-Dec-22
Word document
Partial release
s22, s47c
31
13-Dec-22
Word document
Release
N/A
32
13-Dec-22
Word document
Partial release
s22
33
13-Dec-22
Word document
Release
N/A
34
13-Dec-22
Word document
Release
N/A
35
13-Dec-22
Word document
Partial release
s22
36
13-Dec-22
Word document
Partial release
s22
37
13-Dec-22
Email
Partial release
s22
38
13-Dec-22
Email
Partial release
s22, s47c
39
13-Dec-22
Email
Partial release
s22
40
13-Dec-22
Email
Partial release
s22
41
13-Dec-22
Email
Partial release
s22
42
13-Dec-22
Email
Partial release
s22, s47c
43
13-Dec-22
Email
Exempt
s42
44
14-Dec-22
Word document
Release
N/A
45
14-Dec-22
Email
Partial release
s22
46
15-Dec-22
Email
Partial release
s22
47
15-Dec-22
Email
Exempt
s42
48
16-Dec-22
Email
Partial release
s22, s47c
49
16-Dec-22
Email
Partial release
s22, s42c
50
16-Dec-22
Email
Partial release
s22
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51
16-Dec-22
Email
Exempt
s22, s42
52
16-Dec-22
Email
Partial release
s22
53
16-Dec-22
Word document
Release
N/A
54
16-Dec-22
PDF document
Release
N/A
55
16-Dec-22
Word document
Release
N/A
56
17-Dec-22
Email
Partial release
s22, s42
57
19-Dec-22
Word document
Release
N/A
58
19-Dec-22
Word document
Release
N/A
59
19-Dec-22
PDF document
Release
N/A
60
19-Dec-22
PDF document
Release
N/A
61
19-Dec-22
Email
Partial release
s22
62
19-Dec-22
PDF document
Partial release
s22
63
19-Dec-22
Email
Partial release
s22
64
19-Dec-22
Word document
Release
N/A
65
19-Dec-22
Email
Partial release
s22
66
19-Dec-22
Email
Partial release
s22
67
19-Dec-22
Email
Partial release
s22
68
20-Dec-22
Email
Partial release
s22
69
20-Dec-22
PDF document
Partial release
s22
70
20-Dec-22
Email
Partial release
s22
71
20-Dec-22
JPEG
Release
N/A
72
21-Dec-22
Email
Partial release
s22
73
21-Dec-22
Email
Partial release
s22
74
09-Jan-23
Email
Partial release
s22
75
02-Feb-23
Email
Partial release
s22
76
02-Feb-23
Email
Partial release
s22
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77
03-Feb-23
Email
Partial release
s22
78
03-Feb-23
Email
Partial release
s22, s47c
79
03-Feb-23
Email
Partial release
s22
80
03-Feb-23
Email
Partial release
s22
81
03-Feb-23
Email
Partial release
s22
82
07-Feb-23
Email
Partial release
s22
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