4 March 2013
Ms Margot Kingston
By email
: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Kingston
FOI REQUEST - REFERENCE NUMBER 2013-15
I am writing in relation to your recent request made under the
Freedom of Information Act 1982 (the
FOI Act). Specifically, you have sought access to the following documents:
1. In relation to the Jon Faine Smith/Baker broadcast interviews on 23 November 2012 via
774 ABC Melbourne:
The text of all received complaints;
The text of the ABC’s Audience and Consumer Affairs unit’s and involved
management’s responses to those complainants
2. In relation to the Jon Faine Smith/Baker broadcast interviews on 23 November 2012 via
774 ABC Melbourne:
The text of al documents contained in the ABC’s Audience and Consumer Affairs
complaints file;
The members of the complaints committee and their status;
The record of the complaints committee processes;
The detailed reasons underpinning the ultimate finding in relation to Jon Faine.
The text of al communications between the ABC’s Audience and Consumer Affairs
unit and involved management in relation to the complaints and investigation
process.
3. In relation to the Jon Faine Smith/Baker broadcast interviews on 23 November 2012 via
774 ABC Melbourne:
The text of all communication (after the initial complaints and any initial responses)
between the ABC Audience and Consumer Affairs unit, involved ABC management
and the complainants;
The text of al communication between the ABC’s Audience and Affairs unit,
involved ABC management and Jon Faine during the entire process of the
investigation and the complaints committee process.
The text of al communications between the ABC’s Audience and Consumer Affairs
unit, relevant ABC management and Mark Baker and Michael Smith during the
entire process of the investigation and the complaints committee process.
4. Mr Faine’s response to the finding and any request made by Mr Faine to review the finding,
including details of the complaints decision review process.
In accordance with subsection 29(1) of the FOI Act, you are liable to pay a charge in respect of the
processing of your request. An assessment of the work involved in processing your request has been
undertaken and the preliminary estimate of the applicable charge is $312.50 calculated in accordance
with the attached schedule.
It is important to note that the attached estimate of processing time – and the relevant fees – may
increase or decrease, depending on the nature of the work required. However, you will be advised if
the fees increase beyond the estimate outlined above. As the charge exceeds $100, a deposit of
25% ($78.10) is required. Within 30 days of this notice you are required to:
agree to pay the charge and forward the deposit; or
contend that the charge has been wrongly assessed, or should be reduced or not imposed
(you should provide full reasons for your contention); or
narrow the scope of your request (which may reduce the charge payable); or
withdraw your request.
If you fail to notify the ABC in a manner mentioned above within 30 days of this notice, your request
will be taken to have been withdrawn.
If you contend that the estimated charge has been wrongly assessed, or should be reduced or not
imposed, you must notify the ABC of your contention, providing reasons, and evidence where
relevant, to support your contention. In deciding whether to reduce or not to impose a charge, the
decision-maker will consider all relevant factors, including:
whether payment of the charge, or a part of it, would cause you financial hardship; and
whether the giving of access is in the general public interest.
Once the ABC has completed the processing of your request, the assessment of the charge payable
will be revised based on the actual amount of work involved in processing your request. If you are
refused access to any of the documents that are relevant to your request, the ABC may not impose
an actual charge that is higher than the estimated charge. This means that, if you are refused access
to any document, the actual charge that will be payable will be lower than or equal to, but not more
than, the total estimated charge indicated above. It is only if you are granted access to all the
documents that are relevant to your request that the actual charge that is imposed may be higher than
the estimated charge.
If you agree to pay the estimated charge set out above, or the deposit for that charge, you should
complete and return the attached Payment Form.
Please note that if you provide a deposit and the processing of your request progresses to a point
where a decision on access is made, a decision about the imposition of the actual charge will be
made at that time. As a result, the balance of the actual charge will become a debt due to the
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Commonwealth, which the ABC would be obliged to pursue, unless other arrangements are made, or
the ABC agrees to waive the fees.
In accordance with s31 of the FOI Act, the time limit for processing your request is suspended from
the day you receive this notice, being today’s date. Please be advised that the charge notice day is
not counted in calculating the processing time limit. I confirm that 13 days have already passed, and
the processing time limit will resume:
On the day upon which the ABC receives your deposit.
Alternatively, if you decide to contest the charge, the processing time limit will resume on the
day upon which the ABC notifies you of its decision not to impose a charge – if the ABC so
makes a decision.
In the event that the ABC decides to reduce the charge and deposit is required, the processing time
limit will recommence on the day upon which you pay the reduced deposit.
More information about charges under the FOI Act is available in Fact Sheet 7 on the Office of the
Australian Information Commissioner’s websit
e: www.oaic.gov.au/publications/factsheets.html and in
part 4 of the Australian Information Commissioner’s FOI guidelines:
www.oaic.gov.au/publications/guidelines.html#foi_guidelines.
Yours sincerely
Judith Maude
Head, Corporate Governance
Direct line 02 8333 5316
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