16 March 2015
Mr Culley Palmer
By email: [FOI #982 email]
Dear Mr Palmer
FOI REQUEST - REFERENCE NUMBER 2015-011
I refer to your request for access to documents under the Freedom of Information Act 1982
Act) in your email of 25 February 2015. Specifically, you have sought access to the following
“emails sent between the ABC and the Department of The Prime Minister and Cabinet
(DPMC) during the preparations of a particular "
FactCheck" report titled "
Fact file: Five facts
about terrorism in Australia" [published] 25 February 2015.”
I note that you have limited the scope of your request to documents dated between 1 January 2015
and 25 February 2015.
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.
The ABC is specifically excluded from the operation of the FOI Act in relation to its program material
by virtue of s7(2) and Part II, Schedule 2 of the FOI Act. ‘Program material’ for the purposes of that
Part has been interpreted to mean:
“the program and all versions of the whole or any part of the program, any transmission
broadcast or publication of the program, and includes a document of any content or form
embodied in the program and any document acquired or created for the purpose of creating
the program, whether or not incorporated into the completed program.
Your request explicitly refers to emails sent during the preparation of a piece of ABC content that
was published on Fact Check.
As such, any emails (if they exist) would be documents that were
created for the purposes of creating the content published on Fact Check
. Accordingly, I am satisfied
that the requested documents fall within the definition of ‘program material’, and that the ABC is
exempt from the operation of the FOI Act in relation to them.
If you are dissatisfied with this outcome you can apply for Internal or Information Commissioner (IC)
Review. You do not have to apply for Internal Review before seeking IC Review. Information about
your review rights is attached.
Head, Corporate Governance