Documents relating to the media release by the ABC regarding its decision not to acquire 'Descent into the Maelstrom - The Radio Birdman Story'
Dear Australian Broadcasting Corporation,
I request under the Commonwealth Freedom of Information Act, copies of all documents, including emails:
1. Sent or received between 1 August 2018 and 1 October 2018 inclusive
2. relating to the drafting and release of the ABC’s public statement provided to Australian media (on approximately 25 August 2018) explaining the ABC’s decision not to acquire ‘Descent into the Maelstrom – The Radio Birdman Story’ for broadcast.
3. This includes but is not limited to original drafts, authorising officers' correspondence and follow up correspondence
Excluding documents, correspondence and emails sent by Jonathan Sequeira to the ABC, or received by Jonathan Sequeira from the ABC.
Yours faithfully,
Jonathan Sequeira
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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Dear Juliana Walsh,
Thank you for your correspondence regarding
FOI REQUEST – REFERENCE NUMBER 201819-047
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
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
Dear Australian Broadcasting Corporation,
I bring to your attention the following FOI request REFERENCE NUMBER 201819-047 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.
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
----
From: Jonathan Sequeira
December 22, 2018
Dear Juliana Walsh,
Thank you for your correspondence regarding
FOI REQUEST – REFERENCE NUMBER 201819-047
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
Dear Australian Broadcasting Corporation,
You have not responded as required, to my FOI request (ABC REFERENCE NUMBER 201819-047) 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
Dear Juliana Walsh,
I am still waiting for a determination on FOI REFERENCE NUMBER 201819-047 sent December 12 2018.
Nor have I had a response to my follow up correspondence for this request dated January 14, 2019, also questioning the delay.
I note that your leave finished 15 days ago and I have still not heard from you.
Despite my previous correspondence to the ABC (not agreeing to an extension that you requested), the ABC has still not fulfilled its statutory obligations.
While you stated that some staff were on leave, it is the ABC's obligation to have processes that overcome this entirely predictable 'obstacle', 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
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 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...
-----Original Message-----
From: Jonathan Sequeira
[mailto:[FOI #5154 email]]
Sent: Wednesday, 30 January 2019 10:47 AM
To: Juliana Walsh <[email address]>
Subject: Re: ABC FOI 201819-047 Acknowledgement and request for extension
of time
Dear Juliana Walsh,
I am still waiting for a determination on FOI REFERENCE NUMBER 201819-047
sent December 12 2018.
Nor have I had a response to my follow up correspondence for this request
dated January 14, 2019, also questioning the delay.
I note that your leave finished 15 days ago and I have still not heard
from you.
Despite my previous correspondence to the ABC (not agreeing to an
extension that you requested), the ABC has still not fulfilled its
statutory obligations.
While you stated that some staff were on leave, it is the ABC's obligation
to have processes that overcome this entirely predictable 'obstacle', 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
-----Original Message-----
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][4]http://www.abc.net.au/corp/enter/img/bra...
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this message in error, please notify the sender immediately and delete
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you should check for viruses. The ABC's liability is limited to
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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
Dear Juliana Walsh,
I refer to my FOI request – REFERENCE NUMBER 201819-047
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
-----Original Message-----
From: Jonathan Sequeira
[mailto:[FOI #5154 email]]
Sent: Friday, 15 February 2019 3:39 PM
To: Juliana Walsh <[email address]>
Subject: RE: ABC FOI 201819-047 Acknowledgement and request for extension
of time [ABC-Legal.FID56156]
Dear Juliana Walsh,
I refer to my FOI request – REFERENCE NUMBER 201819-047
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
-----Original Message-----
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 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...
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[1][FOI #5154 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[2]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
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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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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
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.
-----Original Message-----
From: Jonathan Sequeira
[mailto:[FOI #5154 email]]
Sent: Friday, 15 February 2019 4:04 PM
To: Juliana Walsh <[email address]>
Subject: Re: FW: ABC FOI 201819-047 Acknowledgement and request for
extension of time [ABC-Legal.FID56156]
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
-----Original Message-----
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #5154 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[6]https://www.righttoknow.org.au/help/offi...
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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Please consider the environment before printing this e-mail.
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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
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
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References
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Dear Mr Sequeira
FOI 201819-043
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 Friday 15 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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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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Dear Mr Sequeira
Please find attached the ABC’s decision in relation to your request, our
reference ABC FOI 201819-047. Also attached are relevant documents
released to you.
I apologise for the delay in our provision of this response.
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
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