FOI Request – "Juanita: A Family Mystery" / "Unravel: Juanita" Internal Review and Project Expenditure
Dear Australian Broadcasting Corporation,
Freedom of Information Request – "Juanita: A Family Mystery" / "Unravel: Juanita" Internal Review and Project Expenditure
I am writing to request access to documents under the Freedom of Information Act 1982 (Cth) concerning the project "Juanita: A Family Mystery" / "Unravel: Juanita". My request is divided into two parts for clarity.
Part 1: Internal Review DocumentsI seek access to the internal review conducted by Sashka Koloff for Michael Carrington and Jennifer Collins, initiated in or around November 2021. The review examined production issues, including fact-checking, upward referral, and internal communication processes. I request:
- The final version of the review report.
- Supporting documents that informed the review, such as interview notes, briefing materials, submissions, or recommendations.
- Any correspondence between Ms. Koloff and key team members (Ian Walker, Gina McKeon, Annika Blau, Cath Dwyer, Justine Kelly, and Julie Hanna) related to the review process.
Part 2: Project ExpenditureI request documents detailing the final total cost or expenditure for the "Juanita: A Family Mystery" / "Unravel: Juanita", including any budget summaries or financial reports.
Public Interest Justification: The requested documents are vital for transparency. The internal review addressed editorial and procedural issues in a high-profile ABC production, relevant to maintaining robust editorial standards. Despite Senate Estimates commentary, the review’s detailed findings are essential to understand how the ABC rectifies production challenges. Disclosure of the review and project costs will boost public confidence in the ABC’s handling of sensitive content and public funds, fostering debate on editorial integrity and media accountability.
Scope and Format: I am open to refining the scope (e.g., prioritising specific documents or excluding drafts) to aid processing. I prefer electronic documents (e.g., PDF) via email.
Exemptions and Redactions: Where FOI exemptions apply, I request redacted documents to balance disclosure with privacy or other obligations.
Thank you for considering this request. I look forward to your response within the statutory timeframe.
Kind regards,
Harry Black
Ben (Right to Know) left an annotation ()
So I've discussed public interest considerations, now lets talk about how the FOI Act applies to the ABC.
The ABC has a very specific exemption for documents "in relation to program material and datacasting content". The courts have considered what "program material is". Put simply, it includes anything that is part of a program including full versions, parts, broadcasts, and anything made or gathered to help create the program, **even if it wasn’t used in the final version**.
It doesn't include things like presenter salaries or program classification records don’t count as “program material” or documents “related to” it - the direct connection just isn't there.
For those who want to get technical, the FOI Guidelines put out by the OAIC go into the detail (detail is at 2.19 on this page: https://www.oaic.gov.au/freedom-of-infor...).
The most important thing - Nothing in the FOI Act prevents an agency from deciding to release information outside the Act, provided it's legal to do so otherwise.
Good afternoon Mr Black
ABC FOI 202425-128
Attached is a notice about your freedom of information request.
Many thanks,
ABC FOI team
This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
read, copy, use or disclose it, or take any other action in reliance of
the information contained in this email, without authorisation. If you
have received the email in error, please immediately let the sender know
by separate email or telephone and delete the email from your system.
Dear Ali Edwards,
Thank you for your letter dated 6 June 2025 regarding FOI Request 202425-128.
I would like to revise the scope of my request under section 24AB of the FOI Act to enable it to proceed. Specifically, I propose the following:
Limit Part 1 of the request to the final version of the internal review report only.
Retain Part 2 as originally submitted (seeking final project expenditure documents).
In relation to Part 1, while I understand Ms Koloff is currently on leave and Mr Carrington has left the ABC, I note that Ms Jennifer Collins, Director of Content, also received the review report and remains at the ABC. I hope this assists in identifying and retrieving the document without requiring significant diversion of resources.
I’d also like to clarify that the report does not relate to program content. Rather, it is an internal review focused on production processes, including fact-checking, upward referral, and internal communication protocols. As such, I believe it falls outside the scope of program material exempt under section 7(2).
I trust this revision will substantially reduce the workload involved while maintaining the public interest in transparency and accountability. Please let me know if further narrowing is required—I’m happy to discuss.
Kind regards,
Harry Black
Good afternoon Mr Black,
Thank you for your email and revised scope, narrowing point 1 to:
...the final version of the internal review report only.
To give the ABC time to process your request, we would be grateful if you would consider granting an extension of time for processing under s 15AA of the Commonwealth FOI Act.
A maximum of 30 calendar days is permitted. We would be grateful if you would agree to the full 30 days to allow us time to process the new scope, such as a decision on your request would be due on Monday 21 July 2025. Alternatively, you can choose another day between now and the 21 July for the decision to fall due.
If you do agree to this EOT, we would appreciate if you could please let us know at your earliest convenience.
Please let me know if you would like to discuss.
Kind regards,
ABC FOI Team
Dear ABC FOI Team,
Thank you for your response and for confirming the revised scope of my request.
I’m happy to agree to the 30-day extension of time under section 15AA of the FOI Act, making the new decision due date Monday 21 July 2025.
Please don’t hesitate to contact me if anything further is required.
Kind regards,
Harry Black
ABC FOI 202425-128
Good afternoon Mr Black
Thank you kindly for revising your request and for agreeing an extension
of time for processing your FOI request
The ABC understands from your email of 20 June 2025 that you are seeking:
Part 1 ...the final version of the internal review report only.
Part 2: Project Expenditure. I request documents detailing the final total
cost or expenditure for the "Juanita: A Family Mystery" / "Unravel:
Juanita", including any budget summaries or financial reports.
Unfortunately, the email sent on Saturday 21 June agreeing to the
extension of time was received outside of the timeframe allowed by the FOI
Act meaning that the agreed extension of time is technically not valid.
Our apologies for not clarifying this sooner, we have just returned from
annual leave
In order to process your request and make a valid decision, under the FOI
Act, we would be grateful if you would consider withdrawing the original
request (FOI 128) by return email so we can procedurally close that file
as it is now deemed.
If you could then send a new email chain, containing the (shorter) revised
scope only, we can open a new file and process it under a different file
number. This means it would fall due within 30 days however will will do
our best to finalise it sooner.
The FOI team has received the relevant documents from the wider ABC,
matching the narrowed scope, so the remaining work is to review the
documents and prepare the decision letter.
We really appreciate your understanding and cooperation to date
Many thanks,
ABC FOI team
This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
read, copy, use or disclose it, or take any other action in reliance of
the information contained in this email, without authorisation. If you
have received the email in error, please immediately let the sender know
by separate email or telephone and delete the email from your system.
Dear ABC FOI Team,
Thank you for your correspondence dated 15 July 2025 regarding FOI Request 2024/25-128. I appreciate your clarification of the request’s procedural status and your suggestion to withdraw and resubmit with a revised scope.
As requested, I confirm the withdrawal of FOI Request 2024/25-128. I will shortly submit a revised application consistent with the scope outlined in my email of 20 June 2025, specifically:
Part 1: The final version of the internal review report for Juanita: A Family Mystery / Unravel: Juanita, excluding supporting documents and correspondence, in recognition of the s 7(2) program material exemptions and concerns raised in your letter of 6 June 2025.
Part 2: Documents detailing project expenditure and the finalised budget or financial summary for this production.
However, I wish to formally register my concerns about the significant administrative delays encountered during the processing of this request—particularly the late notification regarding the invalidity of the agreed extension of time. These delays have materially impeded access to information of clear public interest, including matters of editorial standards and fiscal accountability at the ABC.
As noted in your practical refusal notice of 6 June, you require applicants to meaningfully refine the scope of their requests. I have demonstrated a consistent willingness to do so since lodging my original application on 7 May 2025. The administrative handling of this request to date raises concerns about compliance with the objects of the FOI Act and, if not promptly addressed, may warrant escalation to the Office of the Australian Information Commissioner (OAIC).
This request is particularly significant given the matters raised at Senate Estimates and ongoing public scrutiny regarding the ABC’s editorial decision-making and use of public funds. I respectfully request that the revised application be processed without further delay and that future correspondence be communicated in a timely and transparent manner.
Thank you for your cooperation. I look forward to your prompt response once the revised request is lodged.
Kind regards,
Harry Black
Good evening Mr Black
Thank you for your email.
The ABC has closed this request as withdrawn on 20 July 2025.
This means ABC FOI 202425-128 is now finalised as withdrawn.
We appreciate your patience and will send you a separate email acknowledging your new FOI request.
As noted below, the timing of our last email was impacted by statutory leave entitlements being taken (annual leave).
Many thanks,
ABC FOI team
We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians
and Traditional Custodians of the lands where we live, learn and work.
This email, including any attachments, is intended only for the addressee. It is confidential and may contain privileged information. You should not read, copy, use or disclose it, or take any other action in reliance of the information contained in this email, without authorisation. If you have received the email in error, please immediately let the sender know by separate email or telephone and delete the email from your system.
Ben (Right to Know) left an annotation ()
Just leaving some observations here at the request of the person who made this request. The below should not be taken as legal advice.
The FOI Act says your FOI rights aren't affected by the reason (or the suspected reason) you want the documents.
While it can be helpful to outline any public interest considerations at the outset, these usually only are considered when the authority decides to issue a "charges notice" (where they want you to pay for processing the request) or when they are trying to work through a "conditional exemption".
I'm going to add a second comment to discuss how FOI law applies to the ABC, as it's different from virtually every other agency.