Dear Australian Broadcasting Corporation,

This is a Freedom of Information Request for the purposes of the Freedom of Information Act 1982.

I request access to documents and correspondence regarding the publication, and subsequent deletion of a Tweet from ABC Reporter David Taylor on 1 October 2022

As the tweet has since been deleted, I refer to an archived version of the tweet in question https://archive.ph/BSgpZ

Yours faithfully,

Alex Pentland

FOI ABC, Australian Broadcasting Corporation

Dear Alex Pentland

FOI 202223-016

We refer to your email below seeking under the Freedom of Information Act (Cth) 1982 (the FOI Act): ... documents and correspondence regarding the publication, and subsequent deletion of a Tweet from ABC Reporter David Taylor on 1 October 2022

The ABC is required to make a decision on your request by Wednesday 2 November 2022, subject to any extension of time for consulting third parties or as otherwise agreed. The ABC will advise you if any processing charges apply.

By making an FOI request, you are providing personal information to the ABC. The ABC manages personal information in accordance with its Privacy Policy - available at http://about.abc.net.au/abc-privacy-poli.... Personal information may be disclosed in the course of processing this request, such as for the purposes of consultation or internal reporting.

We will consider your request in accordance with the FOI Act and provide you with a decision as soon as practicable.

Many thanks,

FOI team, ABC Legal
139994

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.

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Dear FOI ABC,

The deadline for responding to this request, as acknowledged in the ABC's reply, has since elapsed. I am happy to give an extension if required, but I am enquiring to see if there has been made any progress on this request since.

Totally get if an extension is needed, or further third party consultation is needed, I give consent in that case, but just informing that the deadline has passed.

Yours sincerely,

Alex Pentland

FOI ABC, Australian Broadcasting Corporation

Mr Pentland

FOI 202223-016

Thank you kindly for the reminder. We apologise for not letting you know sooner that the timframe has been automatically extended for third party consultation to occur under ss 27 / 27A of the FOI Act.

As such a decision on your request is due by Friday 2 December 2022 under s 15(6) of the FOI Act. Would you kindly confirm whether you consent to your name being dislcosed for the purposes of consultation?

Many thanks,

FOI team, ABC Legal
139994 

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.

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Dear FOI ABC,

Totally apologise for the late reply here, just missed it when I first read the request.

100% Consent and agree to being named for the consultation process if still ongoing.

Yours sincerely,

Alex Pentland

FOI ABC, Australian Broadcasting Corporation

FOI 202223-016

Thank you Alex

The third party requires additional time to reply. The ABC would be grateful if you may agree to a short extension of time until Friday 16 December (or slightly longer)?

We note you had previously agreed to an extension in your email of 12 November 2022.

The maximum period that can be agreed is 30 days under s 15AA of the FOI Act. Please feel free to call us if you would like to discuss before responding by email.

We sincerely apologise for the delay.

Many thanks
FOI team, ABC Legal
139994
 
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.

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Dear FOI ABC,

I consent to a further extension for consultation.

Yours sincerely,

Alex Pentland

FOI ABC, Australian Broadcasting Corporation

2 Attachments

FOI 202223-016

 

Dear Alex Pentland

 

Attached is the ABC’s decision about your freedom of information request
and the documents.

Many thanks, FOI team

ABC Legal, 13 9994

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.

 

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Dear Australian Broadcasting Corporation,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Broadcasting Corporation's handling of my FOI request 'David Taylor Social Media Tweet'.

While I understand the general concern that FOIs can cause given the work in the public interest the ABC is traditionally required to uphold, I must admit I find myself dissatisfied with the response to this request, and I hope you understand why.

In short, while I may accept that there is a general need for some redactions for the deliberative process required in the abstract, the use of redactions in this context, particularly S47C are highly intrusive and render this request largely fruitless and pointless. I refer to the case of document three to prove my point, where seemingly the only information revealed to the public is the fact a message existed, and the battery and internet provider from the phone taking the screenshot (which, I assume you'll understand is not exactly relevant to the purpose of this request).

Furthermore, I object to using s47E(c) redactions through these documents and believe this is generally inconsistent with the approach the ABC has previously used in relation to other incidents of public scrutiny.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/d...

I respect your work and do thank you for your consideration. I further consent to any required or necessary extension, given the resulting holiday period and consultation, but I similarly hope you understand my concerns from this request have not been fulfilled.

Yours faithfully,

Alex Pentland

FOI ABC, Australian Broadcasting Corporation

FOI 202223-016

Dear Alex Pentland

Confirming the ABC's internal review decision is due 19 January 2023.

Many thanks,
FOI team

ABC Legal 

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.

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Vanessa MacBean, Australian Broadcasting Corporation

1 Attachment

Dear Mr Pentland,

 

Please find attached a copy of my internal review in this matter.

 

Kind regards

 

 

[1]ABC Vanessa MacBean

Head, Employee Relations

People & Culture
P: 8333 2855

M: 0408 253 570

 
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.

 

show quoted sections

Vanessa MacBean, Australian Broadcasting Corporation

Dear Mr Pentland,

 

I noticed after emailing it to you that there is issue with the formatting
of the internal review document that I am unable to fix at this late hour.

 

I was hoping I could correct the formatting issue and resend in the
morning and undertake that no content will be changed, only the formatting
corrected (the ABC logo appearing on the last page instead of the first).

 

I apologise for the inconvenience.

 

Kind regards

 

Vanessa

 

 

[1]ABC Vanessa MacBean

Head, Employee Relations

People & Culture
P: 8333 2855

M: 0408 253 570

 
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.

 

 

 

From: Vanessa MacBean
Sent: Thursday, 19 January 2023 11:51 PM
To: [FOI #9428 email]
Subject: Internal Review - Reference No 202223-016

 

Dear Mr Pentland,

 

Please find attached a copy of my internal review in this matter.

 

Kind regards

 

 

[2]ABC Vanessa MacBean

Head, Employee Relations

People & Culture
P: 8333 2855

M: 0408 253 570

 
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.

 

show quoted sections

Vanessa MacBean, Australian Broadcasting Corporation

1 Attachment

Dear Mr Pentland,

 

Please find attached the Internal Review Decision in the above matter now
correctly formatted.

 

I apologise for any inconvenience caused and please contact me if you wish
to discuss this matter.

 

Kind regards

 

 

 

Vanessa

[1]ABC Vanessa MacBean

Head, Employee Relations

People & Culture
P: 8333 2855

M: 0408 253 570

 
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.

 

 

 

From: Vanessa MacBean
Sent: Friday, 20 January 2023 12:13 AM
To: [FOI #9428 email]
Subject: RE: Internal Review - Reference No 202223-016

 

Dear Mr Pentland,

 

I noticed after emailing it to you that there is issue with the formatting
of the internal review document that I am unable to fix at this late hour.

 

I was hoping I could correct the formatting issue and resend in the
morning and undertake that no content will be changed, only the formatting
corrected (the ABC logo appearing on the last page instead of the first).

 

I apologise for the inconvenience.

 

Kind regards

 

Vanessa

 

 

[2]ABC Vanessa MacBean

Head, Employee Relations

People & Culture
P: 8333 2855

M: 0408 253 570

 
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.

 

 

 

From: Vanessa MacBean
Sent: Thursday, 19 January 2023 11:51 PM
To: [3][FOI #9428 email]
Subject: Internal Review - Reference No 202223-016

 

Dear Mr Pentland,

 

Please find attached a copy of my internal review in this matter.

 

Kind regards

 

 

[4]ABC Vanessa MacBean

Head, Employee Relations

People & Culture
P: 8333 2855

M: 0408 253 570

 
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.

 

show quoted sections