Communications between ASADA investigators and Journalists
Dear Australian Sports Anti-Doping Authority,
I seek all documents including emails and file notes relating to communications to and from ASADA investigators (including John Nolan, Sharon Kerrison, Matt Sheens and Aaron Walker) and journalists at The Age newspaper (including but not limited to Nick McKenzie and Richard Baker) between 1 February 2013 and 30 August 2013.
Yours faithfully,
Martin Hardie
Dear Mr Hardie
I refer to your email dated 18 August 2014 in which you sought access under the Freedom of Information Act 1982 (FOI Act) to:
“all documents including emails and file notes relating to communications to and from ASADA investigators (including John Nolan, Sharon Kerrison, Matt Sheens and Aaron Walker) and journalists at The Age newspaper (including but not limited to Nick McKenzie and Richard Baker) between 1 February 2013 and 30 August 2013”.
A valid FOI request was received on 18 August 2014 and the statutory period for processing that request will commence from that date.
I will email you shortly advising whether charges will be imposed and provide you with a preliminary assessment of the charges for processing your request. If the estimated charges exceed $100, a deposit of 25% will be sought. For estimated charges less than $100, a deposit of $20 will be sought. You should note that work will not commence on your application until the deposit has been paid.
When the matter is finalised a decision letter and final account will be sent to you. This final account will be based on actual time spent on search and retrieval, vetting and decision making in relation to your request and is payable whether or not any documents are released.
I hope to be able to advise you of our decision on your request in the near future. Should you have any queries regarding the progress of your request, please contact Stephen White on (02) 62224 259 or at [ASADA request email].
Regards
Alexie Finucan
Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4254
F +61 (0) 2 6222 4341
E [email address]
My days at work are Monday, Tuesday, Thursday, Friday
W www.asada.gov.au
ASADA Hotline 13 000 ASADA (13 000 27232)
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Dear Mr Hardie,
I refer to your email dated 18 August 2014 in which you sought access,
under the Freedom of Information Act 1982 (Cth) (‘FOI Act’), to:
“all documents including emails and file notes relating to communications
to and from ASADA investigators (including John Nolan, Sharon Kerrison,
Matt Sheens and Aaron Walker) and journalists at The Age newspaper
(including but not limited to Nick McKenzie and Richard Baker) between 1
February 2013 and 30 August 2013.”
As your request covers documents which contain information relating to a
person’s business or professional affairs and also personal information
about a person, ASADA is required to consult with these individuals before
making a decision in relation to the release of those documents. Section
15(6) of the FOI Act provides for an extension of 30 days to the 30 day
time limit for processing such requests. Therefore, the time limit for the
processing of your request and the notification of a decision regarding
the release of the documents will expire on 17 October 2014.
Should you have any queries regarding the progress of your request, please
do not hesitate to contact either myself, Stephen White on (02) 6222 4259
or [1][ASADA request email].
Regards,
Emily Fitton
Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4241
F +61 (0) 2 6222 4391
E [2][email address]
W [3]www.asada.gov.au
References
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Dear Emily Fitton,
I must confess I am a little confused by your response and I was hoping you could clarify.
Are you suggesting that you must consult the journalists who may have been in communication with ASADA as those communications include matters touching on those person’s business or professional affairs or personal information? Or that you must consult some other person - i.e. an athlete or support person or an employee or former employee of ASADA?
It would be helpful if you could provide some particulars to support your claim in order for me to be able to understand (and accept) that section 15(6) actually applies in this case.
Yours sincerely,
martin hardie
Dear Mr Hardie,
I refer to your email below. The documents that have been identified as within the scope of your request are email communications between ASADA investigators and journalists at The Age (Nick McKenzie and Richard Baker). The email communications contain information that relates to:
1. The journalists’ professional affairs; and
2. The business, commercial or financial affairs of The Age.
As a consequence ASADA is legally required to consult with these individuals and The Age prior to making a decision in relation to the release of the documents.
You will receive a notification of ASADA’s decision in relation to your FOI Request on 17 October 2014.
Regards,
Emily Fitton
Lawyer
Australian Sports Anti-Doping Authority
T +61 (02) 6222 4241
F +61 (02) 6222 4391
Dear Mr Hardie
Please find attached correspondence from our office in relation to the above matter.
Regards
Stephen White
Senior Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4259
F +61 (0) 2 6222 4359
www.asada.gov.au
IMPORTANT
The information contained in this e-mail message and any attached files may be confidential information and may also be the subject of legal professional privilege. It remains the property of the Australian Sports Anti-Doping Authority (ASADA). If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, you are requested to notify the sender immediately by reply e-mail and delete the original. For the purposes of the SPAM Act 2003, this e-mail is authorised by ASADA.
Dear Mr McDevitt,
I seek an internal review of the decision made by Mr white concerning my application for access to all documents including emails and file notes relating to
communications to and from ASADA investigators (including John Nolan, Sharon Kerrison, Matt Sheens and Aaron Walker) and journalists at The Age newspaper (including but not limited to Nick McKenzie and Richard Baker) between 1 February 2013 and 30 August
2013.
I believe the list of documents you have provided me is incomplete as it does not contain any internal documents such as file notes or memos relating generated within ASADA which relate to the communications by Mr Nolan with the Age.
Furthermore, the reliance on section 47(1) appears as no more than a screen intended to prevent scrutiny of whether or not Mr Nolan provided NAD Scheme personal information to the journalists.
I look forward to you conducting a considered internal review of this matter.
Yours sincerely,
Martin Hardie
Dear Mr Hardie
I refer to your email below dated 24 October 2014. I confirm receipt of your request for internal review of ASADA's decision dated 15 October 2014. The statutory processing time will commence from 25 October 2014 (the day after ASADA's receipt of your request). The current deadline for your request is 24 November 2014.
Please contact me if you have any questions or if you would like to discuss.
Regards
Stephen White
Senior Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4259
F +61 (0) 2 6222 4359
www.asada.gov.au
IMPORTANT
The information contained in this e-mail message and any attached files may be confidential information and may also be the subject of legal professional privilege. It remains the property of the Australian Sports Anti-Doping Authority (ASADA). If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, you are requested to notify the sender immediately by reply e-mail and delete the original. For the purposes of the SPAM Act 2003, this e-mail is authorised by ASADA.
Dear Mr Hardie
Please find attached correspondence from our office in relation to the above matter. Documents will be sent to you in a separate email shortly.
Regards
Stephen White
Senior Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4259
F +61 (0) 2 6222 4359
www.asada.gov.au
IMPORTANT
The information contained in this e-mail message and any attached files may be confidential information and may also be the subject of legal professional privilege. It remains the property of the Australian Sports Anti-Doping Authority (ASADA). If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, you are requested to notify the sender immediately by reply e-mail and delete the original. For the purposes of the SPAM Act 2003, this e-mail is authorised by ASADA.
Dear Mr McDevitt,
I look forward to receiving the documents that you have approved (albeit partially) for release in the near future.
Yours sincerely,
Martin Hardie
Dear Mr Hardie,
Please find attached the released documents under your Internal Review.
Regards
Stephen White
Senior Lawyer
Australian Sports Anti-Doping Authority
T +61 (0) 2 6222 4259
F +61 (0) 2 6222 4359
www.asada.gov.au
IMPORTANT
The information contained in this e-mail message and any attached files may be confidential information and may also be the subject of legal professional privilege. It remains the property of the Australian Sports Anti-Doping Authority (ASADA). If you are not the intended recipient, any use, disclosure or copying of this e-mail is unauthorised. If you have received this e-mail in error, you are requested to notify the sender immediately by reply e-mail and delete the original. For the purposes of the SPAM Act 2003, this e-mail is authorised by ASADA.
martin hardie left an annotation ()
I would like to include in my request all relevant business and personal phone records of the Investigators.