4 August 2020
Mr Angus Ferguson
E) xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Ferguson
FOI REQUEST – REFERENCE NUMBER ABC FOI 201920-066
I refer to your email of 26 June 2020 in which you sought access to the following under the
Freedom of
Information Act 1982 (the FOI Act):
“… documents informing of redundancy sent to ABC ME staff in Melbourne in June 2020.”
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. Following is my decision in relation to your request.
Locating and identifying documents
Reasonable steps were taken to identify and locate all relevant documents. The search for documents
included contacting ABC Entertainment & Specialist, who oversee ABC ME and who in turn consulted
with ABC People & Culture, and the Head of Children’s Production.
As a result of those searches, the staff consulted have advised that the ABC does not hold the
document/s you have requested at this time.
Under section 24A of the FOI Act, the ABC may refuse a request for access if all reasonable steps have
been taken to find a document and the ABC is satisfied that the document does not exist. In the present
case, I consider that all reasonable steps have been taken to locate relevant documents. I am further
satisfied that the requested documents do not exist and therefore access to them is refused pursuant to
section 24A of the FOI Act.
Further information about this outcome is below in
‘Background’.
1666912_1
Background
The relevant contacts mentioned above have confirmed that no documents were sent directly to any of
the ABC ME Melbourne team regarding redundancy, as those processes are still in consultation. As such,
there has been no written confirmation of redundancy to individuals.
Staff across the ABC have been provided with information regarding the redundancies process, including
expressions of interest in redundancies and entitlements upon redundancy.
Review rights
You have rights in relation to this decision. Those rights are set out at
Annexure A.
Yours sincerely,
Pamela Longstaff
Head of Corporate Governance & FOI Coordinator
xxx.xxx@xxx.xxx.xx
1666912_1
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
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 in writing to the following address:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
1666912_1
