Emails to DPMC on "Fact Check" terrorism report

Culley Palmer made this Freedom of Information request to Australian Broadcasting Corporation

The request was refused by Australian Broadcasting Corporation.

From: Culley Palmer


Dear Australian Broadcasting Corporation,

Please consider this a request under the Freedom of Information Act

The documents I seek are emails sent between the ABC and the Department of The Prime Minister and Cabinet (DPMC) during the preparations of a particular "FactCheck" report titled "Fact file: Five facts about terrorism in Australia" which was published on the ABC website today, 25 February 2015.

Here is a link to the report:

To narrow the scope, please only search for emails between ABC and DPMC dated 1st January 2015 - 25th February 2015.

I request that all costs for all aspects of the processing of this
request be waived on the grounds that the release of this
information is in the public interest.


Culley Palmer

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Ben Fairless left an annotation ()

Hi Culley,

Just so you know, the ABC is a bit special when it comes to FOI. They aren't obliged to release any information that's "Program Material". Recently, the Information Commissioner decided that the below could be included as "Program Material":

- program development agreements;
- licencing agreements;
- production agreements;
- presale agreements;
- completion guarantee agreements;
- security interest agreements;
- deeds;
- loan agreements;
- other agreements;
- financial plans, budgets and schedules; and
- letters and emails.

Further, in ‘ER’ and Special Broadcasting Service [2015] AICmr 12 ( says that the exemption applies to any document acquired or created for the purpose of creating a program.

That said, it doesn't prevent the ABC from adopting a pro-disclosure culture, and releasing the information outside of the FOI Act. It simply says that they are not obliged to do so



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Culley Palmer left an annotation ()

Thanks for the annotation. I had no idea of that.

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Culley Palmer left an annotation ()

I have made a similar request to DPMC which may be viewed here:

It's a bit of a wild guess that ABC would have emailed DPMC about this story, but I'd like to find out. If you have any suggestions of who else they may have emailed, please comment.

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From: Judith Maude
Australian Broadcasting Corporation

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Attachment 2015 011 Decision.pdf
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Attachment FOI Review Rights.pdf
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Dear Mr Palmer


My decision in relation to your recent FOI request is attached.





[1]ABC Judith Maude
Head Corporate Governance
P +61 2 8333 5316 E [email address]
M +61 0412 898 657 F +61 2 8333 5305




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