Documents relating to The Honourable Anthony Albanese MP's correspondence regarding ABC's decision not to acquire 'Descent into the Maelstrom - The Radio Birdman Story'

Jonathan Sequeira made this Freedom of Information request to Australian Broadcasting Corporation

The request was partially successful.

From: Jonathan Sequeira

Delivered

Dear Australian Broadcasting Corporation,

I request under the Commonwealth Freedom of Information Act, copies of all correspondence and documents, including emails:
1. Sent or received from 10 August 2018 to 1 December 2018 inclusive.
2. Relating to The Honourable Anthony Albanese MP’s correspondence (dated 10 August 2018) to David Anderson regarding the ABC’s decision not to acquire ‘Descent into the Maelstrom - The Radio Birdman Story’
3. From or to any of the following people:
• David Anderson
• Rachel Nathan
• Anthony Albanese MP

Excluding documents, correspondence and emails sent by Jonathan Sequeira to the ABC, or received by Jonathan Sequeira from the ABC.

Yours faithfully,

Jonathan Sequeira

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From: Juliana Walsh
Australian Broadcasting Corporation


Attachment ABC FOI 201819 046 Acknowledgement.pdf
139K Download View as HTML


Dear Mr Sequeira

 

Please find attached correspondence relating to  your recent FOI request.

 

Kind regards

Juliana

 

 

[1]ABC Juliana Walsh
FOI and Corporate Governance Advisor
P +61 2 8333 5304 E [2][email address]
[3]http://www.abc.net.au/corp/enter/img/bra...

 

 

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From: Jonathan Sequeira

Delivered

Dear Juliana Walsh,

Thank you for your correspondence regarding
FOI REQUEST – REFERENCE NUMBER 201819-046

I refer to your request for an extension:
" I would be grateful, if, under section 15AA of the FOI Act, you would agree to an extension of 30 days so that
we may effectively and thoroughly conduct our search, and provide a considered decision on any documents
retrieved. This would make the deadline for provision of a decision in the matter 11 February 2019."

I do not agree to an extension.

Yours sincerely,

Jonathan Sequeira

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From: Juliana Walsh
Australian Broadcasting Corporation

Thanks for your email. I am on leave until 15 January 2019. I will respond
to your email on my return.

 

For urgent matters to do with FOI, please send a message to the ABC's FOI
inbox: [ABC request email]

 

Wishing you and your family all the best for the holiday season!

 

Kind regards, Juliana

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From: Jonathan Sequeira

Delivered

Dear Australian Broadcasting Corporation,

I bring to your attention the following FOI request REFERENCE NUMBER 201819-046 and correspondence, as your officer Ms Juliana Walsh has advised that she is out of office until after the 30 day period required for a response.
Her out of office auto-reply advises that I contact the general ABC FOI inbox instead.

Following is my correspondence that prompted Ms Walsh's out of office reply.
Please note that I do not agree to an extension.

I am forwarding this to you so that you may respond while Ms Walsh is away.

Yours faithfully,

Jonathan Sequeira

---
Dear Juliana Walsh,

Thank you for your correspondence regarding
FOI REQUEST – REFERENCE NUMBER 201819-046

I refer to your request for an extension:
" I would be grateful, if, under section 15AA of the FOI Act, you would agree to an extension of 30 days so that
we may effectively and thoroughly conduct our search, and provide a considered decision on any documents
retrieved. This would make the deadline for provision of a decision in the matter 11 February 2019."

I do not agree to an extension.

Yours sincerely,

Jonathan Sequeira

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From: Jonathan Sequeira

Delivered

Dear Australian Broadcasting Corporation,

You have not responded as required, to my FOI request (ABC REFERENCE NUMBER 201819-046) made on December 11, 2018 within the 30 day period.
I note that you requested an extension.
This extension was denied.
The request is neither complex or voluminous.
I have not been advised of any other reasons for the delay under the act.
Please provide the requested documents immediately.

I was alerted to the fact that I appear in a LinkedIn search by the ABC IT department this past week. Perhaps this search was a coincidence.
If not, please turn your energies to fulfilling your statutory requirements regarding this FOI request instead of external searches on me.

Yours faithfully,

Jonathan Sequeira

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From: FOI ABC
Australian Broadcasting Corporation

Dear Mr Sequeira,

Our apologies for the delay in our response.

As it was over the holiday period many of the ABC employees relevant to
this request were on leave and so we were unable to conduct the necessary
searches.

We are now back in the office and have prioritised your requests.

We will be in touch as soon as possible with a decision.

Kind regards,
Angela

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From: Jonathan Sequeira

Delivered

Dear Juliana Walsh,

I am still waiting for a determination on FOI REFERENCE NUMBER 201819-046 sent December 12 2018.

It is over two weeks since the ABC's last correspondence promising to prioritise a reply.
It is over 50 days since the original request.
I note that you have been back from leave for 15 days.

While the ABC stated that some staff relevant to the request were on leave, it is the ABC's obligation to have processes that overcome this entirely predictable situations, just as you would be able to access staff email if they were no longer working at the ABC.

Your own journalists rely on FOI, so it is reasonable to expect that the ABC would attempt to meet the standards it expects of other government bodies and statutory corporations. Your delay sets a bad example to other departments and journalists across Australia.

Please finalise this matter immediately.

Yours sincerely,

Jonathan Sequeira

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From: Juliana Walsh
Australian Broadcasting Corporation

Dear Mr Sequeira

 

Thank you for your email.

 

Our initial primary concern, in processing your request, is that all
relevant documents be identified and collated.

 

As you mention, I let you know that over the summer period staff members
who may have held documents relevant to your requests were on leave. The
ABC is currently dealing with a flux of FOI requests with limited
resourcing in this area, and I can assure you we are doing our best to
keep delays for all applicants to a minimum.

 

I understand you did not agree to an extension of time for this request
based on our reasoning, as is your prerogative. I regret that the fact
remains I was not able to fulfil the requirements of the FOI process in
relation to your requests in the standard 30-day statutory timeframe due
to the reasons provided in my acknowledgement/extension request letter.

 

Given that deadline has passed, you are of course welcome to seek an IC
review on the basis of a deemed refusal. We will nevertheless continue
with the process in this matter, with a view to providing a decision as
quickly as possible.

 

I sincerely apologise for the time taken in finalising your matters. The
ABC is very conscious of statutory time limits in responding to FOI
requests, and does endeavour to comply with them.

 

Kind regards

Juliana

 

 

[1]ABC Juliana Walsh
FOI and Corporate Governance Advisor
P +61 2 8333 5304 E [2][email address]
[3]http://www.abc.net.au/corp/enter/img/bra...

 

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From: Jonathan Sequeira

Delivered

Dear Juliana Walsh,

Thank you for your prompt response.

I understand that you do not control staffing allocations and resources for FOI requests, and that the (acting) managing director, David Anderson has ultimate responsibility for the shortfalls and resulting delays.

I appreciate that upper level mismanagement creates difficulty for you and other staff at the coalface!

Can you please advise when you expect to determine this matter.
Being kept up to date is the most helpful way of sorting the issue out, and I appreciate your time and effort.

Yours sincerely,

Jonathan Sequeira

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From: Jonathan Sequeira

Delivered

Dear Juliana Walsh,

I refer to my FOI request – REFERENCE NUMBER 201819-046

On December 21 2018 you requested an extension of 30 days.

Over 60 days have passed since the original application.
This exceeds the additional time that you requested (and were declined).

Can you please advise the status of this request, and when you will make a determination.

Yours sincerely,

Jonathan Sequeira

Link to this

From: Juliana Walsh
Australian Broadcasting Corporation

[Subject only] FW: ABC FOI 201819-046 Acknowledgement and request for extension of time [ABC-Legal.FID56154]

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From: Jonathan Sequeira

Delivered

Dear Juliana Walsh,

thanks you for your prompt response today (15 February 2019)
Unfortunately it appears to be blank, and contains only the chain of previous correspondence.

Could you please re-send your intended correspondence.

Yours sincerely,

Jonathan Sequeira

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From: Juliana Walsh
Australian Broadcasting Corporation

Dear Jonathan

 

I was forwarding your emails to the ABC's dedicated FOI inbox so that
there was a record of your correspondence there.

 

I have CC'd in your response address on each occasion.

 

Kind regards

Juliana

 

[1]ABC Juliana Walsh
FOI and Corporate Governance Advisor
[2]http://www.abc.net.au/corp/email_newslet...
P +61 2 8333 5304
E [3][email address]
[4]http://www.abc.net.au/corp/enter/img/bra...
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians and Traditional Custodians of the lands where we
live, learn and work.

 

 

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From: Juliana Walsh
Australian Broadcasting Corporation

Dear Mr Sequeira

FOI 201819-046

Update and notification under s15(6)(b) of the Freedom of Information Act
1982 (the FOI Act)

 

This email is to provide you with an update on the status of this request.

 

Some of the documents retrieved in relation to the scope of your request
contained information about a person or business who might reasonably wish
to make a contention that the documents are conditionally exempt under
s47F (personal privacy) or s47G (business) of the FOI Act, and that access
to the documents would, on balance, be contrary to the public interest for
the purposes of s11A(5).

 

In those circumstances, the ABC decision maker is required to give the
relevant person or business a reasonable opportunity to make submissions
in support of such a contention, and to have regard to any submissions
that are made. I have proceeded to consult with the relevant third parties
on the decision maker’s behalf.

 

In accordance with s15(6) of the FOI Act, the period of time to notify you
of a decision in this matter is extended by a further period of 30 days to
enable third party consultation. This means that the ABC would have been
required to make a determination in relation to this application by 12
February 2019.

 

I acknowledge that regardless we are still overdue in providing a decision
to you, and I apologise for the further delays.

 

We hope to have a decision to you in this matter by Wednesday 13 March at
the latest.

 

Kind regards

 

[1]ABC Juliana Walsh
FOI and Corporate Governance Advisor
P +61 2 8333 5304 E [2][email address]
[3]http://www.abc.net.au/corp/enter/img/bra...

 

 

 

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The information contained in this email and any attachment is confidential
and may contain legally privileged or copyright material. It is intended
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or copy this email or any attachments. If you have received this message
in error, please notify the sender immediately and delete this email from
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From: Juliana Walsh
Australian Broadcasting Corporation


Attachment ABC FOI 201819 046 Decision.pdf
219K Download View as HTML

Attachment ABC FOI 201819 046 Documents for release redacted reduced 1459013 1.PDF.pdf
256K Download View as HTML


Dear Mr Sequeira

 

Please find attached a decision in the matter ABC FOI 201819-043.

 

I apologise for the delay in the provision of this response.

 

Please note that as with the previous lot of documents provided to you
today, I have reduced the size of the documents pdf so that it can be sent
to you via email. Again, if the resolution makes the documents difficult
to read on your computer or device please let me know and I’ll organise an
alternative method of sending them to you at full resolution.

 

We will have our decision in your final FOI case, our reference
201819-047, to you as soon as possible. There were further delays while we
concluded a third party consultation process. I sincerely apologise that
you are still waiting and I can assure you we are doing our outmost to
resolve the matter within our current means.

 

Kind regards

 

[1]ABC Juliana Walsh
FOI and Corporate Governance Advisor
[2]http://www.abc.net.au/corp/email_newslet...
P +61 2 8333 5304
E [email address]
[3]http://www.abc.net.au/corp/enter/img/bra...
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians and Traditional Custodians of the lands where we
live, learn and work.

 

-

Please consider the environment before printing this e-mail.

The information contained in this email and any attachment is confidential
and may contain legally privileged or copyright material. It is intended
only for the use of the addressee(s). If you are not the intended
recipient of this email, you are not permitted to disseminate, distribute
or copy this email or any attachments. If you have received this message
in error, please notify the sender immediately and delete this email from
your system. The ABC does not represent or warrant that this transmission
is secure or virus free. Before opening any attachment you should check
for viruses. The ABC's liability is limited to resupplying any email and
attachments.

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