Documents relating to media interview with ABC by ASADA CEO on 24 August 2014

martin hardie made this Freedom of Information request to Australian Sports Anti-Doping Authority

The request was partially successful.

From: martin hardie

Delivered

Dear Australian Sports Anti-Doping Authority,

I seek all documents relating to the interview given by Mr Ben McDevitt to Gerard Whately of the ABC on August 24 2014 including documents and correspondence relating to any possible breaches of section 71 of the ASADA Act by Mr McDevitt during that interview relating to his statement that Mr Steven Dank had been placed on the ASADA Register of Findings.

Yours faithfully,

Martin Hardie

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From: Legal
Australian Sports Anti-Doping Authority

Dear Mr Hardie

I refer to your email dated 31 October 2014 in which you sought access under the Freedom of Information Act 1982 (FOI Act) to:

“all documents relating to the interview given by Mr Ben McDevitt to Gerard Whately of the ABC on August 24 2014 including documents and correspondence relating to any possible breaches of section 71 of the ASADA Act by Mr McDevitt during that interview relating to his statement that Mr Steven Dank had been placed on the ASADA Register of Findings.”

A valid FOI request was received on 31 October 2014 and the statutory period for processing that request will commence from that date.

I will email you shortly advising whether charges will be imposed and provide you with a preliminary assessment of the charges for processing your request. If the estimated charges exceed $100, a deposit of 25% will be sought. For estimated charges less than $100, a deposit of $20 will be sought. You should note that work will not commence on your application until the deposit has been paid.

When the matter is finalised a decision letter and final account will be sent to you. This final account will be based on actual time spent on search and retrieval, vetting and decision making in relation to your request and is payable whether or not any documents are released.

I hope to be able to advise you of our decision on your request in the near future. Should you have any queries regarding the progress of your request, please contact Stephen White on (02) 6222 4259 or at [ASADA request email].

Regards

Stephen White
Senior Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4259
F +61 (0) 2 6222 4359
www.asada.gov.au

IMPORTANT

The information contained in this e-mail message and any attached files may be confidential information and may also be the subject of legal professional privilege. It remains the property of the Australian Sports Anti-Doping Authority (ASADA). If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, you are requested to notify the sender immediately by reply e-mail and delete the original. For the purposes of the SPAM Act 2003, this e-mail is authorised by ASADA.

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From: martin hardie

Delivered

Dear Mr White,

I note that you advised on 6 November that you would write to me shortly in respect of this request. To date I have not recived that letter from you.

Yours sincerely,

Martin Hardie

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From: Legal
Australian Sports Anti-Doping Authority

Dear Mr Hardie,

We are currently progressing your request. At this stage the delegate has not determined that you are required to pay a charge for the processing of the request. We will advise you if this position changes.

Unless there is a need to extend the processing period under the Act, we expect to provide you with a decision in relation to this request by 1 December 2014.

Kind regards

Stephen White
Senior Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4259
F +61 (0) 2 6222 4359
www.asada.gov.au

IMPORTANT

The information contained in this e-mail message and any attached files may be confidential information and may also be the subject of legal professional privilege. It remains the property of the Australian Sports Anti-Doping Authority (ASADA). If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, you are requested to notify the sender immediately by reply e-mail and delete the original. For the purposes of the SPAM Act 2003, this e-mail is authorised by ASADA.

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From: Legal
Australian Sports Anti-Doping Authority


Attachment Martin Hardie documents ABC Offsiders scanned FINAL.pdf
2.0M Download View as HTML

Attachment Martin Hardie FOI ABC Offsiders.pdf
2.1M Download View as HTML


Dear Mr Hardie

I refer to your email below.

Please find attached correspondence from our office for your attention. We also attach documents released to you pursuant to your Freedom of Information request (outlined below).

Regards

Stephen White
Senior Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4259
F +61 (0) 2 6222 4359
www.asada.gov.au

IMPORTANT

The information contained in this e-mail message and any attached files may be confidential information and may also be the subject of legal professional privilege. It remains the property of the Australian Sports Anti-Doping Authority (ASADA). If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, you are requested to notify the sender immediately by reply e-mail and delete the original. For the purposes of the SPAM Act 2003, this e-mail is authorised by ASADA.

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From: martin hardie

Delivered

Dear Australian Sports Anti-Doping Authority,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Sports Anti-Doping Authority's handling of my FOI request 'Documents relating to media interview with ABC by ASADA CEO on 24 August 2014'.

It appears that the list of documents you have provided to me is incomplete. You will recall that my request was inter alia for documents and correspondence relating to any possible breaches of
section 71 of the ASADA Act by Mr McDevitt during the relevant interview and relating to his statement that Mr Steven Dank had been placed on the ASADA Register of Findings.

Given that the Minister has recieved correspondence in relation to this matter from myself and that I was promised by the Minister's office a 'whole of government response' it would seem likely that the Minister or Department would have contacted ASADA in realtion to these matters. Furthermore, it would appear given the complain made to the Australian Federal Police in respect of the alleged breaches of s.71 there would also have been communications betwen that body and ASADA.

I request an internal review of this decsion in order to ascertain to identify and obtain access to all relevant documents.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/d...

I note that in the Supreme Court of Victoria in the hearing before Mr Justice Croft on 3 December 2014 Counsel for ASADA Mr Daniel Starr referred to 'a support person' and not any person by name. This would appear to be consistent with the Act and s.71. However, it would seem that this also supports the allegation that Mr McDevitt in fact breached s.71 by naming Mr Dank in the media in the manner he did.

Yours faithfully,

Martin Hardie

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From: Legal
Australian Sports Anti-Doping Authority

Dear Mr Hardie

I refer to your email below dated 4 December 2014. I confirm receipt of your request for internal review of ASADA's decision dated 1 December 2014. The statutory processing time will commence from 5 December 2014 (the day after ASADA's receipt of your request). The current deadline for your request is 5 January 2014.

Please contact me if you have any questions or if you would like to discuss.

Regards

Regards

Stephen White
Senior Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4259
F +61 (0) 2 6222 4359
www.asada.gov.au

IMPORTANT

The information contained in this e-mail message and any attached files may be confidential information and may also be the subject of legal professional privilege. It remains the property of the Australian Sports Anti-Doping Authority (ASADA). If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, you are requested to notify the sender immediately by reply e-mail and delete the original. For the purposes of the SPAM Act 2003, this e-mail is authorised by ASADA.

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From: Legal
Australian Sports Anti-Doping Authority


Attachment Scan to Me from 10.33.0.12 2014 12 22 141713.pdf
531K Download View as HTML


Dear Mr Hardie,

Please find attached the response to your request for review (below).

Kind Regards
Kate

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