21 October 2021
Dear Eliza, Request for access to documents under the Freedom of Information Act 1982
I refer to your request under the Freedom of Information Act 1982
(FOI Act) received by the
eSafety Commissioner (eSafety) on 24 September 2021.
As you know, your request is for:
'Any emails and correspondence from the eSafety Commissioner or final documents
that contain the following phrases:
"NCOSE", "Morality in Media"', "Ending Sexploitation Podcast", "The
National Center on Sexual Exploitation"’
Your request applies to the time period of 1 July 2021 to 24 September 2021 and does not
include news articles or publicly available information.
References to ‘emails and correspondence from the eSafety Commissioner’ are emails or
correspondence sent by the eSafety Commissioner, Julie Inman Grant. Third party consultation
Documents that fall within the scope of your request contain personal information about third
Pursuant to section 47F(1) of the FOI Act, a document is conditionally exempt if its
disclosure under this Act would involve the unreasonable disclosure of personal information
about any person.
Documents that fall within the scope of your request also contain information about the
business or professional affairs of third persons.
Pursuant to section 47G(1) of the FOI Act, a document is conditionally exempt in certain
circumstances where its disclosure would disclose information concerning a person in
respect of his or her business or professional affairs or concerning the business, commercial
or financial affairs of an organisation or undertaking. Under section 47G(1)(a), this applies
where the disclosure of the information would, or could reasonably be expected to,
unreasonably affect that person adversely in respect of his or her lawful business or
professional affairs or that organisation or undertaking in respect of its lawful business,
commercial or financial affairs.
The individuals whose personal information and/or information concerning their business or
professional affairs appears in these documents may reasonably wish to contend that the
information is exempt under sections 47F or 47G of the FOI Act. As such, in accordance with
sections 27 or 27A of the FOI Act, eSafety is required to give them a reasonable opportunity
to make submissions in relation to the application of the exemption.
I will therefore be writing to the relevant individuals in relation to the documents that contain
their personal information and/or information concerning their business or professional
Timeframe for processing
To enable this third party consultation, the statutory time period for processing your request
has been extended by an additional 30 days in accordance with subsection 15(6) of the FOI
Act. You should therefore expect a decision regarding your request by 24 November 2021.
If you have any questions, please contact me.
T: 1800 880 176 W: www.esafety.gov.au