Decision to proceed with social media age consultation during caretaker
Dear eSafety Commissioner,
I wish to make a request under the Freedom of Information Act 1982 for documents relating to the decision to proceed with consultation in regard to social media age restrictions, by calling for expressions of interest for a consultation panel, on or about 5 May 2025.
The scope of the request is from 1 July 2024 to 6 May 2025, except as otherwise noted.
The specific documents within this scope that I am seeking are:
(1) documents relating to the office's understanding of when electoral caretaker provisions conclude, whether they relate specifically to this consultation or not;
(2) documents relating to the office's understanding of whether consultation on social media age restrictions could proceed during the caretaker conventions;
(3) any communication between (a) the eSafety Commissioner or her office and (b) any member of the House of Reps or Senate, or their office, or any candidate for such a position at the recent election, that took place between the issue of writs for the election on 31 March 2025 and the date of this request, being 6 May 2025.
(4) any documentation relating to the decision by the eSafety Commissioner or her office to call for expressions of interest for a consultation panel on or about 5 May 2025.
This request includes, but is not limited to:
* letters, faxes and emails;
* diary notes and calendar entries;
* records of phone or verbal conversations;
* SMSs and online messaging;
* records or minutes of meetings.
I do not require the names or details of individual public servants or staff of the office and these can be redacted, except in relation to references to Ms Julie Inman-Grant personally or in her capacity as eSafety Commissioner.
I *do* require the names of any current or former members of the federal House of Representatives or Senate who may appear in these documents. I do not require the names of staffers in their offices and any such individuals may be identified simply by reference to the member they work for.
I am happy to entertain requests to further narrow the scope to assist your office in processing this FOI promptly.
With thanks,
Greg Tannahill
Dear eSafety Commissioner,
Could you please confirm your receipt of my FOI request made 6 May 2025 relating to consultation on social media age limits?
Yours faithfully,
Greg Tannahill
Dear eSafety Commissioner,
I am once again seeking your confirmation of my FOI request made 6 May 2025 relating to consultation on social media age limits.
Please confirm you have received this request and are in the process of actioning it within the statutory timeframes.
Yours faithfully,
Greg Tannahill
OFFICIAL
Dear Applicant
Acknowledgement
I am writing firstly to acknowledge your request under the Freedom of Information Act 1982 (Cth) (FOI Act) received on 6 May 2025.
Unless you request otherwise, we will redact the names and personal information of public servants on relevance grounds pursuant to section 22 of the FOI Act. We will also proceed on the basis that you do not require duplicates or drafts of material in scope.
The FOI Act allows 30 days for processing your request. This period may be extended for charges and third-party consultation. We will let you know if this occurs.
We will contact you at the email address above unless you advise otherwise. Any documents released to you as part of this decision will be published on our disclosure log unless one of the relevant exceptions apply. Further information about the FOI Act, including eSafety's publication obligations, is available on our website at https://www.esafety.gov.au/about-us/corp....
Clarification regarding scope
Secondly, I am writing to seek clarification with respect to the scope of your request.
With respect to item 3, we ask that you please advise whether you seek access to relevant communications on any subject matter, or only to relevant communications about social media age restriction measures under the Online Safety Act 2021 (Cth).
With respect to item 4, please advise whether you seek access to documents about the decision to call for expressions of interest on or about that particular date (i.e. relating to the choice of date specifically), or relating to the decision to call for expressions of interest more generally without particular regard for the choice of date.
Thank you for your assistance. We look forward to receiving your response.
Kind regards
FOI Coordinator
esafety.gov.au
eSafety acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, waters and community. We pay our respects to Aboriginal and Torres Strait Islander cultures, and to Elders past, present and emerging.
Dear FOI,
Thank you for your confirmation of receipt.
I acknowledge that you intend to redact the names of public servants, and I am fine with this, with the exception of the eSafety Commissioner Julie Inman-Smith herself, whose name (or references to her) should be retained.
Regarding your requests for clarification of scope:
In regards to point (3) I had assumed that there would be very few or zero communications in the relevant period given that the majority of it is unarguably within the caretaker period. However, to make it easier, how about I phrase it this way? I'm really only interested in two questions, being (1) whether any communications at all *occurred*, on any topic, and (2) whether any communications occurred relating to the "teen social media ban, the limit and scope of caretaker conventions, and whether to proceed on public consultation on any topic" (the relevant topics).
So please provide a list of all such communications, but if they don't relate to the relevant topics you may redact everything about them except the date they occurred and which minister, MP, senator or candidate's office they relate to. Further, if the communication is in the nature of a public enquiry or complaint of the sort the office handles in its normal workload (e.g. a candidate seeking help for a constituent about harassment online) you may omit it entirely.
In regards to point (4), I am interested in the choice of the date, in the sense of why May 5 (or thereabouts) rather than before the election, or rather than waiting until the election results were finalised and a cabinet (including a new Communications Minister) had been announced.
I want any discussion about whether that should be the date, including any internal communications directing employees to proceed on that date. I don't require discussion of whether there *should* be consultation, or what form that consultation should take, merely the decision for the public call to go out in the period between the federal election and the certification of results and the appointment of cabinet.
The thrust of my enquiry is as to whether eSafety felt that it was bound by caretaker conventions on that date (and why), and whether it thought that caretaker conventions prevented it from taking this action (and why), and as to whether a potential change of minister was relevant in the timing. I am open to options that reduce unnecessary effort on your part, if such options arise.
Yours sincerely,
Greg Tannahill
OFFICIAL
Dear Mr Tannahill
Thank you for your response to our request for scope clarification.
Regarding item 3, we now understand the scope of your request to be as follows:
A list of all communications between:
- the eSafety Commissioner or her office, and
- any member of the Australian House of Representatives or Senate, or their office, or any candidate for such a position at the recent election,
that took place between the issue of writs for the Commonwealth general election on 31 March 2025 and 6 May 2025.
Where relevant communications relate to consultation about social media age restriction measures under the Online Safety Act 2021 (Cth), the list should include:
- the date of the communication
- the identity of the sender and recipient, and
- a brief description of the communication.
For relevant communications on all other topics, the list does not need to include a description of the relevant communications.
For item 4, we understand the scope of your request to be documents relating to the choice of 5 May 2025 specifically as the date for the consultation callout.
Please let us know as soon as possible if you would like to further clarify any aspects of this scope. If we do not hear from you, we will proceed with our interpretation of the scope, as provided above. Thank you again for your assistance.
Kind regards
FOI Coordinator
Dear FOI,
Yes, that understand appears to be correct. Please proceed. I look forward to receiving the relevant documents on or before the statutory deadline of 11 June.
With thanks,
Greg Tannahill
OFFICIAL
Dear Mr Tannahill
Please find attached a notice of decision in relation to your freedom of
information request.
Kind regards
FOI Coordinator
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Dear FOI Coordinator,
This satisfies the terms of my request. You may consider this FOI request completed and closed.
Thank you for the work of yourself and your office on this request.
Yours sincerely,
Greg Tannahill