19 November 2019
P Johns
E) foi+request‐5549‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear P Johns
FOI REQUEST – REFERENCE NUMBER 201920‐011
I refer to your request for access to documents under the
Freedom of Information Act 1982 (the FOI Act),
which was clarified in your email of 15 August 2019. Specifically, you sought access to the following
documents:
“Communications between Ita Buttrose and David Anderson regarding the AFP search warrants, as
well as any communications they may have had with either Hugh Marks or Michael Miller in relation
to the AFP search warrants, between 4 June 2019 and 31 July 2019 inclusive. These communications
include emails, letters, sms and messaging apps etc.”
Authorisation
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.
Locating and identifying documents
I confirm that reasonable steps have been taken to identify and locate all relevant documents. This
involved contacting the Chair of the ABC and the Managing Director, whose offices proceeded to search
for documents relevant to this request.
As a result of those searches, one (1) document was found to be in scope of your request.
Third party consultation
I can confirm that the ABC conducted consultation processes with all affected third parties, and any
submissions received were duly considered.
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Access to documents
Access is granted to Document 1. A copy of that document is attached to the email containing this
decision.
Review rights
You have rights in relation to this decision. Those rights are set out at
Annexure A.
Yours sincerely,
Connie Carnabuci
ABC General Counsel & FOI Coordinator
xxx.xxx@xxx.xxx.xx
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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
ABC Legal Services
Building B Level 13
700 Harris Street
ULTIMO NSW 2007
Or sent to: xxx.xxx@xxx.xxx.xx
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 must:
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: xxxxxxxxx@xxxx.xxx.xx
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 via the OAIC’s online form https://www.oaic.gov.au/freedom‐of‐information/foi‐
complaints, or to the following address:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
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