Classification training of eSafety Commissioner and delegates
Dear eSafety FOI Coordinator,
I wish to make a request under the Freedom of Information Act 1982 for the following documents:
* Any documents relating to professional qualifications to make classifications or deemed classifications of media:
- where those qualifications are held by the eSafety Commissioner;
- or held by people delegated by her to make decisions as to classifications or deemed classifications of media;
- or held by people otherwise employed by the Office who hold powers to classify media under the Online Safety Act.
By "qualifications", I specifically mean:
* Past employment which evidences work relating to classification decisions;
* Formal training or education of any sort relating to classification decisions;
* Completion of any "approved training" of the sort referred to in sections 17AA(1), 22M(3)(a) or 22S of the Classification (Publications, Films and Computer Games) Act 1995, or otherwise of any training formally approved under that Act.
The list of people who this applies to can be interpreted to include anyone currently holding a delegation, or anyone who has made a classification decision under a delegation within the last 24 months.
I do not require any personal details of delegates other than their name and the position they hold or held at eSafety (which they would be required to publicly provide in any case in the course of making a classification decision). You may redact contact details, email addresses, and any personal information not directly relevant to their qualifications.
I will be satisfied with a summary of the qualifications in table form, if it is easier for your office and better protects the privacy of individuals, providing it clearly identifies the delegate and clearly specifies the nature and source of any qualification, and the year it was undertaken, to a degree sufficient for a third party to verify that qualification.
This is a separate request to my previous request relating to training undertaken by the Commissioner, and you may treat it as a new request. I wish to receive correspondence relating to this request via the Right to Know website.
Yours faithfully,
Greg Tannahill
Dear eSafety FOI Coordinator,
Could you please confirm your receipt of the FOI request, sent to this address by me on Monday 3 June 2024, relating to the media classification qualifications of the Commissioner and her delegates?
Yours faithfully,
Greg Tannahill
OFFICIAL
Dear applicant
I am writing to acknowledge your request under the Freedom of Information
Act 1982 (FOI Act) received on 3 June 2024.
Unless you request otherwise, we will redact the names and personal
information of public servants on relevance grounds pursuant to section 22
of the FOI Act. We will also proceed on the basis that you do not require
duplicates or drafts of material in scope.
The FOI Act allows 30 days for processing your request. This period may be
extended for charges and third-party consultation. We will let you know if
this occurs.
I will contact you at the email address above unless you advise otherwise.
Any documents released to you as part of this decision will be published
on our disclosure log unless one of the relevant exceptions apply. Further
information about the FOI Act, including eSafety’s publication
obligations, is available on our website at
[1]https://www.esafety.gov.au/about-us/corp....
Kind regards
FOI Coordinator
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eSafety acknowledges the Traditional Custodians of country throughout
Australia and their continuing connection to land, waters and community.
We pay our respects to Aboriginal and Torres Strait Islander cultures, and
to Elders past, present and emerging.
-----Original Message-----
From: Greg Tannahill <[8][FOI #11474 email]>
Sent: Wednesday, June 5, 2024 11:34 AM
To: FOI <[9][email address]>
Subject: Re: Freedom of Information request - Classification training of
eSafety Commissioner and delegates
[You don't often get email from
[10][FOI #11474 email]. Learn why this is
important at [11]https://aka.ms/LearnAboutSenderIdentific... ]
Dear eSafety FOI Coordinator,
Could you please confirm your receipt of the FOI request, sent to this
address by me on Monday 3 June 2024, relating to the media classification
qualifications of the Commissioner and her delegates?
Yours faithfully,
Greg Tannahill
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Dear FOI Coordinator,
Thank you. Please note that in this case I do require the names and roles of public servants associated with the Office of the eSafety Commissioner who hold statutory delegations relating to the classification of media, so that they can be matched and (if necessary) verified against their qualifications.
I note that these names and roles would be a matter of public record in the event that a decision under such a delegation was challenged and thus they should not be subject to a privacy exemption.
As previously stated, I do not require identifying information other than names and roles of delegates. You may redact contact details, email addresses, etc.
However, in the event that the response to my FOI is "no delegate employed by the Office of the eSafety Commissioner holds any relevant qualifications in classification of media", then that would be a complete and sufficient response to my request and you would be free to omit individual names.
Yours sincerely,
Greg Tannahill
OFFICIAL
Dear applicant
Please find attached a decision and statement of reasons in the above
matter.
Kind regards
FOI Coordinator
[1]eSafety logo Email-Signautre
[2]Email-Footers icons3[3]esafety.gov.au
[4]Email-Footers iconsT[5]Email-Footers iconsF[6]Email-Footers iconsL
eSafety acknowledges the Traditional Custodians of country throughout
Australia and their continuing connection to land, waters and community.
We pay our respects to Aboriginal and Torres Strait Islander cultures, and
to Elders past, present and emerging.
-----Original Message-----
From: Greg Tannahill <[7][FOI #11474 email]>
Sent: Thursday, June 6, 2024 3:58 PM
To: FOI <[8][email address]>
Subject: Re: FOI 24140 - Acknowledgement [SEC=OFFICIAL]
[You don't often get email from
[9][FOI #11474 email]. Learn why this is
important at [10]https://aka.ms/LearnAboutSenderIdentific... ]
Dear FOI Coordinator,
Thank you. Please note that in this case I do require the names and roles
of public servants associated with the Office of the eSafety Commissioner
who hold statutory delegations relating to the classification of media, so
that they can be matched and (if necessary) verified against their
qualifications.
I note that these names and roles would be a matter of public record in
the event that a decision under such a delegation was challenged and thus
they should not be subject to a privacy exemption.
As previously stated, I do not require identifying information other than
names and roles of delegates. You may redact contact details, email
addresses, etc.
However, in the event that the response to my FOI is "no delegate employed
by the Office of the eSafety Commissioner holds any relevant
qualifications in classification of media", then that would be a complete
and sufficient response to my request and you would be free to omit
individual names.
Yours sincerely,
Greg Tannahill
-----Original Message-----
OFFICIAL
Dear applicant
I am writing to acknowledge your request under the Freedom of Information
Act 1982 (FOI Act) received on 3 June 2024.
Unless you request otherwise, we will redact the names and personal
information of public servants on relevance grounds pursuant to section 22
of the FOI Act. We will also proceed on the basis that you do not require
duplicates or drafts of material in scope.
The FOI Act allows 30 days for processing your request. This period may be
extended for charges and third-party consultation. We will let you know if
this occurs.
I will contact you at the email address above unless you advise otherwise.
Any documents released to you as part of this decision will be published
on our disclosure log unless one of the relevant exceptions apply. Further
information about the FOI Act, including eSafety’s publication
obligations, is available on our website at
[1][11]https://www.esafety.gov.au/about-us/corp....
Kind regards
FOI Coordinator
[2]eSafety logo Email-Signautre
[3]Email-Footers icons3[4]esafety.gov.au
[5]Email-Footers iconsT[6]Email-Footers iconsF[7]Email-Footers iconsL
eSafety acknowledges the Traditional Custodians of country throughout
Australia and their continuing connection to land, waters and community.
We pay our respects to Aboriginal and Torres Strait Islander cultures, and
to Elders past, present and emerging.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[12][FOI #11474 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:
[13]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
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.
-------------------------------------------------------------------
NOTICE: This email message is for the sole use of the intended
recipient(s)
and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email and destroy
all
copies of the original message.
References
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6. https://urldefense.proofpoint.com/v2/url...
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Dear Mr Downie, and eSafety,
If am understanding you correctly, you are refusing to provide documents because you believe that a decision as to whether material is likely to receive a classification is not the same as a deemed classification decision, and that technical distinction is the sole basis of your refusal.
If so, you are surely aware that this is not a sufficient reason to refuse an FOI. It is obvious that I nevertheless am seeking documents relating to people that make decisions about whether material is likely to receive a classification, and the FOI Act imposes a positive obligation on you to provide the documents I am seeking rather than relying on technicalities.
Further, the FOI Act requires that you provide a response as soon as practical, and not later than the 30 day deadline. If this was the response you intended to make, it should have been provided immediately upon your receipt of the request, and delaying until the statutory deadline to provide it is both in breach of the law, and evidence of a clear intention to frustrate the FOI process.
So, firstly, I wish to appeal the result of this FOI request. Please consider this a formal request for internal review.
But secondly, if I do not receive a swift and immediate response to the internal review, I will additionally lodge a second FOI with slightly amended wording to seek the relevant documents, as is my right to do so, in addition to, if I see fit, further FOIs with a broader scope, to ensure that my request is not further frustrated by your office.
I would like to obtain the result of my FOI with the least waste of your office's resources possible, and would like to cooperate to achieve that, if you are inclined.
With thanks,
Greg Tannahill
Dear eSafety,
Further to my previous email requesting a formal internal review of your decision, I note specifically that you have a person holding the position "Manager, Illegal and Restricted Content", who on 16 April issued a statement of reasons relating to material regarding the Wakeley stabbing, and in that statement of reasons the person said:
(a) "I am a delegate of the eSafety Commissioner for the purposes of section 109 of the Online Safety Act"; and
(b) "I am satisfied that the requirements for giving a removal notice under section 109 have been met. [...] I am satisfied that [...] if the film were to be classified, the film would likely be classified RC (refused classification)."
This person is clearly, per my original request, a person delegated by the eSafety Commissioner to make decisions as to classifications or deemed classifications of media. Regardless of whether the person themselves were classifying or deeming a classification, they were a delegate, and they made a decision as to the classification of media.
If the eSafety holds any records as to this person's qualifications, they should be divulged under the FOI, and if eSafety does not then it is obliged to say that they have no such records. And the same for any other person so delegated.
I look forward to your prompt provisions of the documents you are required to produce under law.
With thanks,
Greg Tannahill
Dear eSafety,
Please confirm your receipt of my request for internal review, sent 2 July 2024, relating to your FOI decision of 2 July 2024 regarding classification training and qualifications.
With thanks,
Greg Tannahill
OFFICIAL
Dear Mr Tannahill
Thank you for your emails. We apologise for any confusion Mr Downie’s
decision on your request may have caused.
As set out in the letter, all relevant searches were undertaken and Mr
Downie is satisfied that no documents exist that fall within the scope of
your request. For the avoidance of doubt: eSafety does not hold any
documents that demonstrate that the Commissioner or delegates who exercise
powers requiring the consideration of classification matters have
undertaken training of the kind referred to in your request.
The balance of Mr Downie’s letter was intended to provide some helpful
context as to why this does not pose a compliance issue under the Online
Safety Act 2021 (Cth) (OSA). eSafety did not intend to suggest that the
distinction between decisions made under the Classifications
(Publications, Films and Computer Games) Act 1995 (Cth) and those made
under the OSA had any bearing on Mr Downie’s decision.
We hope that this clarifies the matter. Please let us know if you would
still like to proceed with an internal review, or if you would be content
to withdraw your request based on the information above.
With respect to timeframes, eSafety is currently experiencing an
unprecedented surge in requests for information, with several hundred
additional requests being managed by a small team with significant
responsibilities beyond processing FOI requests. eSafety has complied with
the requirements of section 15(5) of the FOI Act and provided you with a
decision as soon as was practicable in the circumstances, and in any case
not more than 30 days since receiving your request.
Kind regards
FOI Coordinator
[1]eSafety logo Email-Signautre
[2]Email-Footers icons3[3]esafety.gov.au
[4]Email-Footers iconsT[5]Email-Footers iconsF[6]Email-Footers iconsL
eSafety acknowledges the Traditional Custodians of country throughout
Australia and their continuing connection to land, waters and community.
We pay our respects to Aboriginal and Torres Strait Islander cultures, and
to Elders past, present and emerging.
-----Original Message-----
From: Greg Tannahill <[FOI #11474 email]>
Sent: Tuesday, July 2, 2024 6:11 PM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request -
Classification training of eSafety Commissioner and delegates
Dear Mr Downie, and eSafety,
If am understanding you correctly, you are refusing to provide documents
because you believe that a decision as to whether material is likely to
receive a classification is not the same as a deemed classification
decision, and that technical distinction is the sole basis of your
refusal.
If so, you are surely aware that this is not a sufficient reason to refuse
an FOI. It is obvious that I nevertheless am seeking documents relating
to people that make decisions about whether material is likely to receive
a classification, and the FOI Act imposes a positive obligation on you to
provide the documents I am seeking rather than relying on technicalities.
Further, the FOI Act requires that you provide a response as soon as
practical, and not later than the 30 day deadline. If this was the
response you intended to make, it should have been provided immediately
upon your receipt of the request, and delaying until the statutory
deadline to provide it is both in breach of the law, and evidence of a
clear intention to frustrate the FOI process.
So, firstly, I wish to appeal the result of this FOI request. Please
consider this a formal request for internal review.
But secondly, if I do not receive a swift and immediate response to the
internal review, I will additionally lodge a second FOI with slightly
amended wording to seek the relevant documents, as is my right to do so,
in addition to, if I see fit, further FOIs with a broader scope, to ensure
that my request is not further frustrated by your office.
I would like to obtain the result of my FOI with the least waste of your
office's resources possible, and would like to cooperate to achieve that,
if you are inclined.
With thanks,
Greg Tannahill
-----Original Message-----
OFFICIAL
Dear applicant
Please find attached a decision and statement of reasons in the above
matter.
Kind regards
FOI Coordinator
[1]eSafety logo Email-Signautre
[2]Email-Footers icons3[3]esafety.gov.au
[4]Email-Footers iconsT[5]Email-Footers iconsF[6]Email-Footers iconsL
eSafety acknowledges the Traditional Custodians of country throughout
Australia and their continuing connection to land, waters and community.
We pay our respects to Aboriginal and Torres Strait Islander cultures, and
to Elders past, present and emerging.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #11474 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:
[8]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
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.
-------------------------------------------------------------------
NOTICE: This email message is for the sole use of the intended
recipient(s)
and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email and destroy
all
copies of the original message.
References
Visible links
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3. https://urldefense.proofpoint.com/v2/url...
4. https://urldefense.proofpoint.com/v2/url...
5. https://urldefense.proofpoint.com/v2/url...
6. https://urldefense.proofpoint.com/v2/url...
7. mailto:[FOI #11474 email]
8. https://www.righttoknow.org.au/help/offi...
Dear eSafety,
Thank you for this clarification.
If what you are saying is that, in regard to people holding s109 delegations of the sort referred to in the Statement of Reasons of your Manager, Illegal and Restricted Content of 16 April, and making decisions of the sort that that Statement of Reasons refers to, that eSafety holds no documents speaking to their qualifications regarding classification or lack of such qualifications...
... or that, in other words, to the best of eSafety's documentary record, no person working in eSafety who makes decisions under a s109 delegation has any specialist training or qualification relating to media classification, including relevant past employment...
... then that satisfies my FOI request, and I am happy to (a) withdraw my request for internal review and (b) give you comfort that at this time I have no further FOIs relating to this topic.
Please let me know if I have misunderstood. Otherwise, thank you for your attention to this matter and you may consider this file closed.
With thanks,
Greg Tannahill