Documents relating to the Australian Olympic stilnox scandal
Minister for Sport did not have the information requested.
From: Ashleigh Stevenson
Dear Minister for Sport, Sussan Ley
For research purposes, i wish to acquire documents relating to the 2012 Olympic Stilnox scandal involving Australian Olympic swimmers James Magnussen and the other members of the Australian swimming relay team.
Thank you for assistance in this request i have given.
Sent request to Minister for Sport again, using a new contact address.
Minister for Sport
Attention: Ashleigh Stevenson
Please see attached correspondence in relation to your FOI request to the
Department of Health.
FOI Unit / Information Law Section / Legal Services Branch
Department of Health
' Phone: (02) 6289 1666| 6 Fax: (02) 6289 5601
* GPO Box 9848 Canberra ACT 2601 / MDP 350
From: Edgar Crook
Right To Know
2 March 2015
I am writing in relation to your FOI request that was transferred to the
Australian Sports Commission (ASC) from the Dept. of Health on 26 February
2015 seeking access to documents under the Freedom of Information Act 1982
(the Act). I confirm that you seek access to:
documents relating to the 2012 Olympic Stilnox scandal involving
Australian Olympic swimmers James Magnussen and the other members of the
Australian swimming relay team.
I am an officer authorised under section 23 of the Act to make decisions
in relation to requests for access to documents. This letter sets out my
decision in relation to your request.
In relation to your request I have decided to refuse your request pursuant
to section 24A of the FOI Act on the basis that I have taken all
reasonable steps to find the documents falling within the scope of your
request, and I am satisfied that the ASC does not have the documents or
that they do not exist.
The ASC is Australia’s primary national sports administration and advisory
agency, and on behalf of the Australian Government, plays a central
leadership role in the development and operation of the Australian sports
system, administering and funding innovative sport programs and providing
leadership, coordination and support for the sport sector.
However, in regards to individual athletes, their activities and
performance, those are managed by Australia’s National Sporting
Organisations, and in this case by Swimming Australia. Additionally, any
matters involving medications and/or doping is managed by the Australian
Sports Anti-Doping Authority (ASADA).
While I have not found any internal documents that relate directly to your
request, I did find some press cuttings which were in the ASC’s record
holdings. These clippings were provided to the ASC by a commercial media
monitoring entity under license and so I am unable to directly share the
contents with you. However, below are all the details to assist you to
find them in the public domain – note that there are changes of title and
other content between the print and electronic versions.
My battle with pills by Neil Breen and Jonathan Marshall
Sunday Telegraph, 1 July 2012
Pages 1, 4, 5
Games drugs put to sleep by Ben English and Neil Breen
Daily Telegraph, 3 July 2012
Athletes safer but medals on line as Stilnox pills banned by Wayne Smith
The Australian, 4 July 2012
Pages 1, 4
Overreacting officials asleep at the wheel by Patrick Smith
The Australian, 4 July 2012
Olympic champs of the fool by Todd Balym
Sunday Mail, 2 September 2012
You may also be interested in viewing the Bluestone Edge review
commissioned by Swimming Australia into the culture and leadership of
Australian Olympic swimming. A version of the report is available online
If you do not agree with my access decision, you have an opportunity to
apply for a review of that decision or to make a complaint. I have
provided information on your review rights at Attachment A.
If you have any queries about this letter please do not hesitate to
Assistant Director, Information Governance
Information Management Services
Australian Sports Commission
Tel: +61 2 6214 1372
Rights of Review
Right to Review of the Decision
If you are dissatisfied with this decision you can apply for internal
review by the ASC or for review by the Information Commissioner (IC). You
do not have to apply for internal review before seeking IC review.
If you seek internal review another ASC officer will be appointed to
conduct the review and make a completely fresh decision based on the
merits of the case.
You may seek internal review by making an application in writing to the
ASC within 30 days of being notified of this decision or 15 days after
access to the released documents is given, whichever is the longer
Your application for internal review should be addressed to:
Australian Sports Commission
PO Box 176
Belconnen ACT 2616
Information Commissioner Review
Alternatively, you may apply in writing for review by the Information
Commissioner. Refer to
for further information. In making your application you need to provide:
· an address for notices to be sent (this can be an email
· a copy of this decision
It would also help if you sent out the grounds on which you believe that
the decision should be reviewed.
Right to Complain
You may make a complaint to the Information Commissioner about action
taken by the ASC in relation to your application. The complaint needs to
be in writing and identify the agency against which the complaint is
made. Further information is available at www.oaic.gov.au.
You can submit your complaint using the form on the above website or sent
GPO Box 2999
Canberra ACT 2601
There is no particular form required to make a complaint, but the
complaint should set out the ground/s on which you consider the action
should be investigated.
6. mailto:[email address]
8. mailto:[email address]