21 December 2018
Mr Jonathan Sequeira
E) [FOI #5152 email]
Dear Mr Sequeira
FOI REQUEST – REFERENCE NUMBER 201819-044
I refer to your request for access to documents under the Freedom of Information Act 1982
(the FOI Act)
in your email of 11 December 2018. Specifical y, you have sought access to the following:
“…all documents including emails sent or received between 10 July 2018 and 31 August 2018
inclusive, concerning complaints made to the ABC relating to the ABC’s decision not to acquire
the documentary film
Descent into the Maelstrom – The Radio Birdman Story (also known as
the Radio Birdman film, or Radio Birdman documentary) for broadcast, including [documents]
relating to the ABC’s internal processing of complaints, either as individual complaints or as a
group of complaints.
Excluded are documents, correspondence and emails sent by Jonathan Sequeira to the ABC, or
received by Jonathan Sequeira from the ABC.”
I confirm that the 30-day statutory period for processing your request commenced from the day after
your application was received, being 12 December 2018.
Subject to any suspension of the processing period or extension of the time for deciding this application,
the ABC is required to make a determination in relation to this application by 10 January 2019.
Request for extension of time
Unfortunately, due to the holiday period, may of the ABC employees relevant to this request wil be on
leave at this time. It is likely an effective search for this FOI request wil not be able to be conducted
until mid-January 2019 at the earliest. As such, it is almost certain we won’t be able to meet the
statutory deadline for a decision in this matter.
I would be grateful if, under section 15AA of the FOI Act, you would agree to an extension of 30 days
that we may effectively and thoroughly conduct our search, and provide a considered decision on any
documents retrieved. This would make the deadline for provision of a decision in the matter 11
If you agree to the above request, please let me know via email to [ABC request email],
and I will notify
the Information Commissioner of the extension of time granted to provide a decision in the matter as
soon as is practicable.
Many thanks for your consideration.
Please note that processing charges may be imposed and that consultation with third parties may be
required. If it is necessary to seek agreement to pay charges or to consult with third parties, additional
processing time is provided under the FOI Act. You wil be advised of any charges as wel as any need to
consult third parties in relation to your request.
Please note that the ABC is required by the FOI Act to publish accessed information on its website within
10 working days after the release of the documents to the FOI applicant.
You should also be aware that by making an FOI request, you may be providing personal information to
of that policy are available on the ABC’s website: http://about.abc.net.au/abc-privacy-policy/. Pl
note that personal information (such as your name) may be disclosed in the course of processing this
request, for instance for the purposes of consultation or internal reporting.
Your request will be considered and you will be provided with a decision as soon as practicable.
FOI and Corporate Governance Advisor
[ABC request email]