Documents relating to ABC decision to licence footage to Yes Campaign
Dear Australian Broadcasting Corporation,
This is a request under the FOI Act.
I seek the following documents:
1. The licence agreement entered into by the ABC and a third party authorising the use of ABC footage in a Yes commercial. The document I am seeking is referred to in the following article: https://www.theaustralian.com.au/busines...
2. Correspondence or communication between the ABC and the third party in relation to the licence agreement since 3 September 2023.
3. Any internal communication (on all platforms including but not limited to emails, whatsapp, signal, sms) since 3 September 2023 that relate to:
a. ABC’s decision to licence the relevant footage;
b. the breach of ABC policy in licensing the footage;
c. the ABC’s decision to allow the continued use of the footage.
In relation to Items 1 and 2, there is an overwhelming public interest in the immediate release of this information in advance of the 30 day statutory timeframe. The ABC has publicly admitted that it has breached its own policy in allowing this footage to be used but has taken no action to stop the continued use of the footage. As noted on the ABC’s website, the purpose of this policy is to protect the ABC’s independence and integrity.
https://help.abc.net.au/hc/en-us/article...
The ongoing use of this footage has the potential to cast significant doubts about the ABC’s independence and integrity in relation to reporting on the upcoming referendum.
It is therefore in the ABC and the public’s best interests that documents relating to this transaction are publicly released at the earliest opportunity.
I confirm that I agree to receive Items 1 and 2 through administrative release if this would expedite the release of this information.
Yours faithfully,
H
ABC FOI 202324-031
Good evening H
The ABC refers to your email of Friday 15 September seeking documents
under the Freedom of Information Act (Cth) 1982 (the FOI Act).
A decision on your request is due by Monday 16 October 2023, subject to
any suspension of the processing period or extension of time under the FOI
Act.
We will advise you if any processing charges apply or if third-party
consultation is required.
By making an FOI request, you are providing personal information to the
ABC. The ABC manages personal information in accordance with its Privacy
Policy - available at [1]http://about.abc.net.au/abc-privacy-poli....
Personal information may be disclosed in the course of processing this
request, such as for the purposes of consultation or internal reporting.
The ABC will consider your request in accordance with the FOI Act and
provide you with a decision as soon as practicable.
Many thanks,
ABC FOI team
13 9994
This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
read, copy, use or disclose it, or take any other action in reliance of
the information contained in this email, without authorisation. If you
have received the email in error, please immediately let the sender know
by separate email or telephone and delete the email from your system.
ABC FOI 202324-031
Dear H
The ABC is required to consult with affected third parties under ss 27 and
or 27A of the Freedom of Information Act (Cth) 1982 (FOI Act) meaning the
time for processing is automatically extended by 30 days under s 15(6),
such that a decision is due on Thursday 16 November 2023.
Many thanks,
ABC FOI team
This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
read, copy, use or disclose it, or take any other action in reliance of
the information contained in this email, without authorisation. If you
have received the email in error, please immediately let the sender know
by separate email or telephone and delete the email from your system.
ABC FOI 202324-031
Dear H
The ABC is advanced at processing this request which is due next Thursday.
In order to allow for the finalisation of third party consultation and a
brief period of planned leave, we would be grateful if you would consider
agreeing to a short extension of time under s 15AA of the Freedom of
Information Act (Cth) 1982 (FOI Act)?
Under the FOI Act, extensions can be agreed for a maximum of 30 days. We
would be grateful if you might agree to a further 11 to 15 days for
processing. We are hopeful to be able to issue the decision sooner than
that.
If you agree the new due date would fall between Monday 27 November and
Friday 1 December 2023, depending on your preference.
If you would like to discuss before responding, please feel free to phone
the FOI team.
We would be grateful if you would respond either way to confirm that you
are contactable at this address.
Many thanks,
ABC FOI team
13 9994
This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
read, copy, use or disclose it, or take any other action in reliance of
the information contained in this email, without authorisation. If you
have received the email in error, please immediately let the sender know
by separate email or telephone and delete the email from your system.
ABC FOI 202324-031
Dear H
The ABC Refers to previous communications. We have not received an email
from you since your original email of 15 September.
The Right to Know wesbite shows that you appear to not have read our most
recent responses and may not be contactable at this email address.
In order for us to continue processing this file, would you kindly confirm
you are contactable at this email address?
If so, would you kindly let us know whether you agree to an extension of
time for processing until 28 November or slightly longer?
If we do not hear from you by Wednesday 15 November, we will close our
file as withdrawn on the basis you are not contactable.
If we hear from you after this date and you are interested in pursuing
this request we can recommence processing the file.
Many thanks,
ABC FOI team
13 9994
This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
read, copy, use or disclose it, or take any other action in reliance of
the information contained in this email, without authorisation. If you
have received the email in error, please immediately let the sender know
by separate email or telephone and delete the email from your system.
Dear FOI ABC,
I confirm I agree to an extension until 27 November.
I do not agree to you unilaterally deciding to consider the application withdrawn.
Thanks
Yours sincerely,
H
ABC FOI 202324-031
Good afternoon H
The ABC refers to previous communications.
Thank you for your response of 20 November 2023. The ABC confirms that it
was not seeking to make a unilateral decision.
The ABC wanted to verify that you, as the applicant, were receiving our
emails. Based on past experience, there have been occasional errors with
Right to Know.
We apologise for the delay with this file.
Would you kindly confirm that you are still seeking these documents?
Many thanks,
ABC FOI team
13 9994
This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
read, copy, use or disclose it, or take any other action in reliance of
the information contained in this email, without authorisation. If you
have received the email in error, please immediately let the sender know
by separate email or telephone and delete the email from your system.
Dear FOI ABC,
I confirm that I am still seeking these documents which are months overdue with no explanation or communication as to why you are unable to comply with the ABC's basic statutory obligations.
Please finalise my request asap noting it is already months overdue.
To be clear, as you seem to use your own delays as a potential to query whether I would like to proceed - I would like this FOI processed so you do not need to keep asking this after you fail to comply with the statutory time frames. Please proceed on the basis that I want this actioned.
Yours sincerely,
H
Dear FOI ABC,
Can you please acknowledge that you have received my email and advise when I will receive the decision.
In Novemeber you indicated you needed a few more days so can you please finalise this as a priority.
Yours sincerely,
H
ABC FOI 202324-031
Good afternoon H
The ABC will issue the decision as soon as practicable.
We appreciate this may be disappointing for you as it is late.
We are completing third party consultation and estimate the decision will be finalised in February.
Many thanks,
ABC FOI team
We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians
and Traditional Custodians of the lands where we live, learn and work.
This email, including any attachments, is intended only for the addressee. It is confidential and may contain privileged information. You should not read, copy, use or disclose it, or take any other action in reliance of the information contained in this email, without authorisation. If you have received the email in error, please immediately let the sender know by separate email or telephone and delete the email from your system.
Dear FOI ABC,
I am a bit confused by your latest response. In your email in November, you asked for a short extension whilst you finalised consultation (the extension was provided). Has the consultation not been undertaken? What has been happening with my request for the last two months?
I understand that all organisations have competing commitments and that sometimes these requests can take longer than anticipated but I am astounded by the ABC's attitude and the complete contempt that the ABC shows to its legal obligations and applicants. There has been no attempt since November to explain the reason for this delay and it appears a deliberate tactic to wear applicants into submission.
Yours sincerely,
H
Dear FOI ABC,
Just following up on this request. Has the ABC sought an extension from OAIC in relation to this request.
If so, could you please let me know the date of any extension that has been granted?
Yours sincerely,
H
Dear FOI ABC,
Just checking if there is any update on this. Has consultation concluded yet?
Yours sincerely,
H
ABC FOI 202324-031
Good evening H
Thank you for your email.
The ABC has completed consultation and will provide its decision to you in February as notified to you on 24 January 2024.
The ABC apologises for the further delay.
In January, the FOI team received additional documents that answered your request which impacted the timeframe. Thank you for your patience.
Many thanks,
ABC FOI team
We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians
and Traditional Custodians of the lands where we live, learn and work.
This email, including any attachments, is intended only for the addressee. It is confidential and may contain privileged information. You should not read, copy, use or disclose it, or take any other action in reliance of the information contained in this email, without authorisation. If you have received the email in error, please immediately let the sender know by separate email or telephone and delete the email from your system.
Dear FOI ABC,
Can you please confirm I will receive the documents requested today.
Yours sincerely,
H
ABC FOI 202324031
Good morning H
Thank you for your email reminder, we appreciate it.
Due for unforeseen absence, we have been unexpectedly delayed in final the clearance processing of the decision. We are prioritising this file and anticpate it will be able to be issued next week.
The FOI team is experiencing a high workload at the moment, which we are doing our best to manage. We sincerely apologise for missing the February date we indicated previoulsy.
Whilst the delegate is finalising their final review of the decision, we can confirm that you will be granted access to some documents.
Thank you for your continued patience. It should be that the next email from our team to you is the decision letter and any released documents.
Many thanks,
ABC FOI team
13 9994
We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians
and Traditional Custodians of the lands where we live, learn and work.
This email, including any attachments, is intended only for the addressee. It is confidential and may contain privileged information. You should not read, copy, use or disclose it, or take any other action in reliance of the information contained in this email, without authorisation. If you have received the email in error, please immediately let the sender know by separate email or telephone and delete the email from your system.
Dear FOI ABC,
Thanks for the update, I look forward to receiving the decision and documents, albeit unacceptably late.
The February date was set by your organisation- after you ignored my request for months in breach of your legal obligations. You did not even bother to display basic courtesy and attempt to negotiate an extension that was acceptable to me or to obtain an extension from the OAIC.
Yours sincerely,
H
Dear FOI ABC,
Just checking in to ensure you are on track to provide the decision and documents today (noting when you missed the February deadline you had set yourself you indicated that you anticipated I would receive this week).
Thank you.
Yours sincerely,
H
Dear FOI ABC,
Can I please get an update noting that I haven't received anything this week, including a response to my follow up earlier today, and it is now past 6pm on Friday?
The ABC is currently in breach of its legislative obligations. When will you be providing your decision?
Yours sincerely,
H
Thank you for your email. I am on leave and will be actioning emails on
Tuesday.
Dear Australian Broadcasting Corporation,
Could I please get an update on what is happening with my request please?
Yours faithfully,
H
Dear Australian Broadcasting Corporation,
Its almost the end of another week without any update. Can you let me know what is happening with this request please?
Yours faithfully,
H
ABC FOI 202324-031
Good evening H
The ABC is cooperating with the OAIC re the IC review you requested.
We apologise this matter is not yet complete despite our best efforts. We
have provided regular updates to you.
The ABC will be issuing a s 55G letter and providing a copy to you and the
OAIC as soon as it is ready.
For detailed updates, we are available to discuss by phone.
We are managing a peak period of requests as best we can. We understand
this delay has been ongoing and we appreciate your patience.
Many thanks,
ABC FOI team
13 9994
Dear FOI ABC,
Can you please provide an update on my request and what is causing the ongoing delay - noting that despite what you said in your last email you have failed to provide any meaningful updates or reasons for delays throughout this process.
I note your offer to provide a detailed update by phone. In the interests of transparency I would like the detailed update to be provided by email. In light of thr ABC's conduct in this matter, I think it is necessary for communication to be in writing.
Yours sincerely,
H
CR left an annotation ()
Hi H, I am interested in this FOI request.
As the ABC failed to provide a decision by the due date of 27 November 2023, the agency is taken to have refused access to the requested documents. Thus, a deemed refusal decision has come into effect on 27 November 2023. As you cannot request an internal review for a deemed decision, your only review option is to seek an Information Commissioner Review (IC Review).
The time limit to apply for an IC Review is 60 days after the day the notice (or in this case the lack thereof) was given. In this case, as it falls on a public holiday (Australia Day) the last day you can apply for an IC review is Monday the 29th of January.
In your IC Review, I would recommend disputing the following decisions:
1. The agency's decision to consider your FOI request as withdrawn.
2. The deemed access refusal decision.
What is likely to occur is a delegate from the OAIC will informally communicate with the agency. The ABC will then most likely apply for an extension of time to the OAIC under section 15AC(4) of the Act. This will reinstate your right to seek an internal review once the ABC provides you with a decision on your FOI request.