21 December 2018
Mr Ben Fairless
E) [FOI #4986 email]
Dear Mr Fairless FOI REQUEST – REFERENCE NUMBER 201819-036
I refer to your request for access to documents under the Freedom of Information Act 1982
(the FOI Act)
in your email of 15 November 2018. Specifical y, you have sought access to the fol owing document:
“A copy of the current arrangements [whereby] the principal officer [of the ABC has made]
arrangements to give their decision-making powers to others”
One document was retrieved that was in scope of your request, being the current ABC FOI delegations
I am authorised by the Managing Director under section 23 of the FOI Act to make decisions in respect
of requests made under that Act. Fol owing is my decision in relation to your request. Decision
Access is granted to Document 1, and a copy of that document is provided with this decision.
You have rights in relation to this decision. Those rights are set out in Annexure A
Company Secretary & FOI Coordinator
[ABC request email]
Annexure A – Review rights
If you are dissatisfied with this decision you can apply for Internal or Information Commissioner
(IC) Review. You do not have to apply for Internal Review before seeking IC Review.
Application for Internal Review
You have the right to apply for an internal review of the decision refusing to grant access to
documents in accordance with your request. If you make an application for review, the Managing
Director will appoint an officer of the Corporation (not the person who made the initial decision)
to conduct a review and make a completely fresh decision on the merits of the case.
You must apply in writing for a review of the decision within 30 days of receipt of this letter. No
particular form is required to apply for review, although it would help if you set out the reasons
for review in your application.
Application for a review of the decision should be addressed to:
The FOI Coordinator
700 Harris Street
ULTIMO NSW 2007
Or sent to: [ABC request email]
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 in accordance with your request. Your application
be in writing
be made within 60 days of receipt of this letter
give details of how notices may be sent to you (for instance, by providing an email address)
include a copy of the decision for which a review sought.
You should be aware that the Information Commissioner has a discretion not to undertake a
review (see Division 5, FOI Act).
Please refer to the OAIC website FOI review process page for further information and/or to access
the online form for applying for IC review: https://www.oaic.gov.au/freedom-of-information/foi-review-process
Application for a review of the decision by the Information Commissioner should be addressed to:
Director of FOI Dispute Resolution
GPO Box 5218
Sydney NSW 2001
Or sent to: [email address]
Complaints to the Information Commissioner
You may complain to the Information Commissioner about any 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 should be made in writing to the following address:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001