Daniel Chick - West Coast Eagels
Dear Australian Sports Anti-Doping Authority,
I am seeking the following documents under the Freedom Of
information Act 1982 as a Journalism student currently studying at
Macleay College in regards to the activities involving illicit drug use at the West Coast Eagles football club in 2006.
1. Documents providing that ASADA and the AFLPA were aware of the activities taking place at West Coast in relation to drug use in 2006
2. Any documents relating to West Coast from ASADA involving band peptides.
It is my understanding that the Anti-doping rule violations has a 10 year statute of limitations - therefore any possible breaches in 2006 is still relevant under this clause.
Yours faithfully,
Anthony Johnston
Dear Mr Johnston,
I refer to your email dated Monday, 5 October 2015, in which you sought
access to:
“1. Documents providing that ASADA and the AFLPA were aware of the
activities taking place at West Coast in relation to drug use in 2006
2. Any documents relating to West Coast from ASADA relating to band (sic)
peptides”
A valid Freedom of Information Request (FOI Request) was received on
Monday, 5 October 2015. The processing period for your FOI Request will
commence from that date.
We will email you shortly advising of whether charges will be imposed and
provide you with a preliminary assessment of the charges for processing
your request. If the estimated charges exceed $100.00, a deposit of 25%
will be sought. For estimated charges of less than $100.00, a deposit of
$20.00 will be sought. You should note that work will not commence on your
application until the deposit has been paid.
Further, in the context of refining what documents you are seeking under
the Freedom of Information Act 1982 (Cth), we would also like you to
confirm whether you seek, as part of your FOI Request:
1. publically available documents;
2. duplicates of documents;
3. chains of emails which are not the final email in the chain; or
4. draft documents (that is you only require final versions of
documents).
When the matter has been finalised a decision letter and final account
will be sent to you. This final account will be based on the 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.
Should we need to consult as part of responding to your FOI Request, we
propose to disclose this request and your name to those parties.
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 either myself on the details below or Stephen
White, Senior Lawyer on (02) 6222 4259 or [1][ASADA request email].
Regards,
Emily Fitton
Lawyer
Australian Sports Anti-Doping Authority
T +61 (02) 6222 4241
F +61 (02) 6222 4391
E [2][email address]
W [3]www.asada.gov.au
"Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."
References
Visible links
1. mailto:[ASADA request email]
2. mailto:[email address]
3. http://www.asada.gov.au/
http://www.asada.gov.au/
Dear Mr Johnston,
In relation to your Freedom of Information Application, please find
attached our correspondence dated 29 October 2015.
Regards,
Emily Fitton
Lawyer
Australian Sports Anti-Doping Authority
T +61 (02) 6222 4241
F +61 (02) 6222 4391
E [1][email address]
W [2]www.asada.gov.au
"Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."
References
Visible links
1. mailto:[email address]
2. http://www.asada.gov.au/
http://www.asada.gov.au/
Locutus Sum left an annotation ()
The request has been refused because there are not any relevant documents in the possession of the agency. It is a non-standard response because it is a little informal. A formal response would have said that access to the documents was refused on the ground of s 24A of the Freedom of Information Act. Section 24A allows that a request can be refused "if documents cannot be found, do not exist or have not been received." It makes no difference; the agency has told the applicant about his rights to request a review if he is dissatisfied with the decision.