Documents related to licencing for music used in the "Nemesis" documentary [2]
Dear Australian Broadcasting Corporation,
I hereby submit a request under the FOI Act for the following document/s:
1. Communications (including but not limited to emails) from ABC staff to
external organisations/agencies, and vice versa, related to the
commissioning or licencing of music for the "Nemesis" documentary series.
This does not include communications exclusively between ABC staff.
2. Copies of licences/agreements for music for the "Nemesis" documentary series.
3. Invoices paid for licencing of music for the "Nemesis" documentary series.
4. The total cost of licencing music for the "Nemesis" documentary.
5. The total cost of production of the "Nemesis" documentary, per episode.
I agree to the creation of a document or documents which satisfies points 4 and 5.
I agree to the exclusion of duplicates and early parts of email streams which are captured in later email streams.
I agree to the redaction of personal details (e.g. full names, contact numbers/emails etc) of ABC staff if deemed necessary. This does not include the job titles of ABC staff which are still to be included.
Warm regards,
Daniel M
ABC FOI 202425-004
Good afternoon Daniel M
Thank you for your email below, sent Monday 8 July 2024, seeking under the Freedom of Information Act (Cth) 1982 (FOI Act):
1. Communications (including but not limited to emails) from ABC staff to external organisations/agencies, and vice versa, related to the commissioning or licencing of music for the "Nemesis" documentary series.
This does not include communications exclusively between ABC staff.
2. Copies of licences/agreements for music for the "Nemesis" documentary series.
3. Invoices paid for licencing of music for the "Nemesis" documentary series.
4. The total cost of licencing music for the "Nemesis" documentary.
5. The total cost of production of the "Nemesis" documentary, per episode.
I agree to the creation of a document or documents which satisfies points 4 and 5.
I agree to the exclusion of duplicates and early parts of email streams which are captured in later email streams.
I agree to the redaction of personal details (e.g. full names, contact numbers/emails etc) of ABC staff if deemed necessary. This does not include the job titles of ABC staff which are still to be included.
A decision on your request is due by Wednesday 7 August 2024, subject to any suspension of the processing period or extension of time under the FOI Act.
The ABC will advise you if any processing charges apply or if third-party consultation is required. Would you kindly let us know if you consent to being identified as the applicant for the purposes of consultation, it is optional.
Based on preliminary enquiries, we note that for point 5, the ABC is not able to provide a 'per episode' costing. Would you be happy for the total cost of producing the 3 part documentary to be in scope instead?
Thank you for notifying you are happy to exclude duplicates found in early parts of email streams. If any attached documents are represented in more than one email, in the exact same form, we propose to make a decision on one version of that attachment only.
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 https://help.abc.net.au/hc/en-us/article... . Personal information may be disclosed in the course of processing this request, such as for the purposes of consultation or internal reporting.
The ABC will consider your request in accordance with the FOI Act and provide you with a decision as soon as practicable.
Many thanks,
ABC FOI team
13 9994
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.
Hi ABC FOI team,
Thank you for your reply.
Please see answers to your questions/proposals below:
"Would you be happy for the total cost of producing the 3 part documentary to be in scope instead?"
Yes.
"If any attached documents are represented in more than one email, in the exact same form, we propose to make a decision on one version of that attachment only."
I apologise however I'm not sure I understand. Could you please clarify this proposal?
To be specific, I agree to the exclusion of duplicates of documents (i.e. I don't need the same document twice) and the exclusion of early parts of email streams which are captured in later email streams (i.e. if an email reply contains the original correspondence that it is replying to, I don't need the original email - only the reply, since it already contains the original email itself).
Yours sincerely,
Daniel M
Hi FOI team,
I haven't heard back since my reply dated 9 July 2024. Could you please advise?
Yours sincerely,
Daniel
Dear Daniel
ABC FOI 202425-004
Thank you for your email below.
We confirm that we have received your email of 9 July 2024.
Many thanks.
Kind regards
Uma
ABC FOI Team
Dear Daniel
ABC FOI 202425-004
We refer to your FOI request received by the ABC on 8 July 2024.
Under section 15(6) of the Freedom of Information Act 1982, time of
processing a request is automatically extended by 30 days if we there is a
requirement to consult under section 26A, 27 or 27A.
The ABC is required to consult with affected third parties under section
27 and section 27A of the FOI Act. As such, the time for processing your
request is extended by a further period of 30 days. Therefore, the FOI
decision is due by Friday, 6 September 2024.
Please also note that that the ABC manages personal information in
accordance with its Privacy Policy - available at [1]ABC Privacy Policy –
ABC Help - Australian Broadcasting Corporation Help Centre. Personal
information may be disclosed for the purposes of consultation or internal
reporting.
If you have any questions or would like to discuss this matter, please
feel free to contact us.
Many thanks.
Kind regards,
Uma
ABC FOI team
02 83333 3328
Hi Uma,
Could you please provide a contact number so I may call to discuss? Unfortunately the 02 number for the FOI Coordinator sends me to voicemail.
Yours sincerely,
Daniel
Dear Daniel
Thank you for your email below.
Please feel free to call me on 02 8333 3328. I should be able to receive
your call during business hours.
Alternatively, please feel free to provide me with your phone number, and
I can call you.
Many thanks.
Kind regards
Uma
The ABC FOI Team
Dear Daniel
Thank you for our phone conversation of this afternoon.
We greatly appreciate your understanding and cooperation. I confirm that
you will wait to hear from us by the FOI decision due date, 6 September
2024.
Many thanks again.
Kind regards
Uma
_____________________________________________
From: FOI ABC
Sent: Monday, August 5, 2024 1:58 PM
To: Daniel <[FOI #11642 email]>
Subject: RE: FOI-004 - Extension of time - Third party consultation
[ABC-LEGAL.FID102361]
Dear Daniel
Thank you for your email below.
Please feel free to call me on 02 8333 3328. I should be able to receive
your call during business hours.
Alternatively, please feel free to provide me with your phone number, and
I can call you.
Many thanks.
Kind regards
Uma
The ABC FOI Team
Dear Daniel
ABC FOI 202425-004
We refer to your above request. The decision on this request is due by 6
September 2024.
Our FOI team is currently experiencing some temporary resourcing
challenges and we are operating at a 50% staffing level.
In relation to this request we have completed the following steps:
· Searches for the documents have been completed; and
· relevant documents have been obtained from the business units of
the ABC.
Through the work to date we have identified large number of documents
which will need to be reviewed by the FOI team.
Unfortunately, it will not be possible for us to review the documents and
finalise this matter by the due date. We sincerely apologise and kindly
request your agreement to an extension of time until Monday 7 October 2024
in accordance with section 15AA of the Freedom of Information Act 1982.
The ABC will do everything practical to issue the decision as soon as
possible.
If you have any questions or would like to discuss this matter, please
feel free to contact us.
Many thanks.
Kind regards
ABC FOI Team
139994
Dear Daniel
Hope you are doing well. Just following up on the email below.
We will greatly appreciate if you are able to consider our request.
Thank you.
Kind regards
ABC FOI Team
139994
From: FOI ABC
Sent: Thursday, September 5, 2024 1:32 PM
To: Daniel <[FOI #11642 email]>
Subject: FOI-004 - Extension of time request [ABC-LEGAL.FID102361]
Dear Daniel
ABC FOI 202425-004
We refer to your above request. The decision on this request is due by 6
September 2024.
Our FOI team is currently experiencing some temporary resourcing
challenges and we are operating at a 50% staffing level.
In relation to this request we have completed the following steps:
· Searches for the documents have been completed; and
· relevant documents have been obtained from the business units of
the ABC.
Through the work to date we have identified large number of documents
which will need to be reviewed by the FOI team.
Unfortunately, it will not be possible for us to review the documents and
finalise this matter by the due date. We sincerely apologise and kindly
request your agreement to an extension of time until Monday 7 October 2024
in accordance with section 15AA of the Freedom of Information Act 1982.
The ABC will do everything practical to issue the decision as soon as
possible.
If you have any questions or would like to discuss this matter, please
feel free to contact us.
Many thanks.
Kind regards
ABC FOI Team
139994
Hi ABC FOI team,
I apologise for not responding to the previous email.
However, I note that it has now long passed your requested extension date of 7 October 2024. It has also very very long passed my original request date of 12 February 2024.
I wish to put on record that I was previously told over the phone in July that if I were to cancel and resubmit my original FOI request (ref 202324-067, available at https://www.righttoknow.org.au/request/d...), that I would receive the requested information within the next month, while also assisting the ABC in maintaining its statutory obligations re processing of an FOI request.
As a show of good faith and taking into account the unreasonable way that some requestors interact with ABC FOI staff, I decided to proceed with this proposed option to help your team.
In the absence of any other information, it seems that the ABC has blatantly abused and taken advantage of my attempt to deal in good faith.
I expect my requested documents to be given very shortly, and I am hereby also requesting an internal review of the handling of this FOI request, as well as FOI 202324-067.
Regards,
Daniel
Hi team,
Following our chat over the phone earlier, I hereby:
1. Withdraw my request for an internal review for both FOI requests;
2. Revise FOI request 202425-004 to exclude points 2 and 3 (with points 1, 4 and 5 to remain).
Yours sincerely,
Daniel
ABC FOI 202425-004
Good afternoon Daniel
Thank you for the call earlier today. Confirming the ABC is continuing to process this deemed refusal decision (in that a mutual extension was not agreed within permitted the statutory timeframe under s 15AA).
Confirming that you remail below notifies that the scope of the request is now 3 points which are (not to include points 2 and 3):
1. Communications (including but not limited to emails) from ABC staff to external organisations/agencies, and vice versa, related to the commissioning or licencing of music for the "Nemesis" documentary series.
This does not include communications exclusively between ABC staff.
...
4. The total cost of licencing music for the "Nemesis" documentary.
5. The total cost of production of the "Nemesis" documentary, per episode.
I agree to the creation of a document or documents which satisfies points 4 and 5.
I agree to the exclusion of duplicates and early parts of email streams which are captured in later email streams.
I agree to the redaction of personal details (e.g. full names, contact numbers/emails etc) of ABC staff if deemed necessary. This does not include the job titles of ABC staff which are still to be included.
Thank you again for your continued understanding and patience.
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.
Daniel left an annotation ()
After a chat over the phone, I've withdrawn my internal review request and have agreed to revise the scope of the FOI request to make it easier for them to process.