Review of deemed refusal by ABC
Dear Office of the Australian Information Commissioner,
I seek a review of the ABC's deemed refusal in my application available online at:
https://www.righttoknow.org.au/request/d...
The decision was due in October 2023 and in Novemever they requested an extension to finalise consultation.
I provided the extension and heard nothing until recently. They have since failed to provide any real confirmation of when I will get the decision or the reasons for the continued delay. They have also failed to answer queries as to whether they have sought or been provided an extension by OAIC.
Yours faithfully,
H
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Commissioner.
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Our reference: MR24/00181
Agency Reference: ABC FOI 202324-031
By email: [1][FOI #11056 email]
Receipt of your IC review application about the Australian Broadcasting
Corporation
Dear H,
Note: To ensure the most timely progression of your IC reviews, please
submit future IC review applications via the [2]online smartform rather
than email. You will receive an acknowledgement and receipt number when
submitting an IC review using the smartform. IC review applications
received via email will take longer to acknowledge and progress as they
require manual registration.
Thank you for your application for Information Commissioner Review (IC
review).
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [3][email address] and quote MR24/00181.
Kind Regards,
[4][IMG] Hannah Holswilder
Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
E [5][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[6]Subscribe to Information Matters
Dear OAIC - FOI DR,
I am writing to request an update on this matter. The ABC have indicted a number of weeks ago that there was a further delay in them being able to provide me with their decision due to the OAIC review and needing to finalise a s.55G letter
This is despite having received assurances that the decision was being finalised and would be provided in February. My communication with the ABC is available at:
https://www.righttoknow.org.au/request/d...
I am concerned that this agency is deliberately choosing to not comply with its legal obligations and simply drag out the process.
Yours sincerely,
H
Email subject line: OAIC – MR24/00181 - Your IC review application about the Australian Broadcasting Corporation
Our reference: MR24/00181
Agency reference: XXXXXXX
H
By email: [FOI #11056 email]
Your review application about the Australian Broadcasting Corporation (Agency)
Good morning H,
Thank you for your correspondence seeking an update regarding the progress of your IC review application.
A delegate of the Information Commissioner’s issued a notice under s 54Z of the FOI Act to the Agency on 27 February 2024 to provide a revised decision under s 55G of the FOI Act. We still await their response and submissions.
In the coming weeks, a delegate will issue a different notice under s 55R of the FOI Act.
If you require assistance regarding this email, please contact us at [email address].
Please quote the reference MR24/00181 in all correspondence.
Kind regards,
Sussan J
Review Adviser
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P: 1300 363 992 E: [email address]
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
Subscribe to Information Matters
Our reference: MR24/00181
Agency reference: ABC FOI 202324-031
Applicant Name: H
By email: [1][FOI #11056 email]
IC Review application about the [Respondent Name]
Good afternoon H,
On 29 January 2024, an application to the Information Commissioner (IC)
was lodged to review the Freedom of Information request to the Agency
because a decision was not made by the due date.
The Agency notified the Office of the Australian Information Commissioner
(OAIC) it has now provided a decision, dated 14 August 2024 by email.
As a decision has now been issued, the reason for the IC review
application appears to be resolved.
Action required by you before 30 August 2024:
1. If the decision has satisfied your request and you no longer
require an IC review, please reply to this email stating “I no longer
require an IC review”.
2. If you wish to proceed with your IC review application, you must
tell us which parts of the decision you disagree with and why,
including:
· which documents you consider were not provided or should have
been provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake the IC review
The Commissioner’s written [2]direction to IC review applicants provides
that:
· where an applicant wishes to proceed with a review of a revised
decision they must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review [2.25], and
· applicants must respond to enquiries from the OAIC within the
period provided unless there are circumstances warranting a longer period
to respond [2.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC.
As such, if we do not hear from you by 30 August 2024, we intend to
exercise the discretion to finalise your IC review application.
Assistance
If you are unable to respond by 30 August 2024, please respond to this
email and request an extension of time to provide your response.
If you require an interpreter, please call the Translating and
Interpreting Service on 131 450, and ask for help speaking with the Office
of the Australian Information Commissioner. Alternatively, you may wish to
be supported by a person of your choosing anytime throughout this
process.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR24/00181 in all correspondence.
Kind regards,
[4][IMG] Sussan Jraijiri
Review Adviser
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P: 1300 363 992 E: [5][email address]
Please note: The OAIC will be revising its IC review procedures commencing
1 July 2024. For more information about these revised procedures,
including new resources to assist applicants and respondents, see our
webpage: [6]Upcoming changes to Information Commissioner review procedure
directions
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[7]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
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References
Visible links
1. mailto:[FOI #11056 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/engage-with-us/n...
Dear OAIC - FOI DR,
The ABC has not yet provided me with the majority of documents referred to in the decision letter so I'm not in a position to confirm whether I seek to continue the review.
I've asked to be provided with the documents. If OAIC was provided with the documents I would appreciate receiving them.
Yours sincerely,
H
Our reference: MR24/00181
Agency reference: ABC FOI 202324-031
Applicant Name: H
By email: [1][FOI #11056 email]
IC Review application about the Australian Broadcasting Corporation
Good afternoon H,
The Agency (ABC) notified the Office of the Australian Information
Commissioner (OAIC) it has now provided copies of all the documents to you
on 30 August 2024, that were not provided in their initial notification on
14 August 2024.
Action required by you before 16 September 2024:
1. If the decision has satisfied your request and you no longer
require an IC review, please reply to this email stating “I no longer
require an IC review”.
2. If you wish to proceed with your IC review application, you must
tell us which parts of the decision you disagree with and why,
including:
· which documents you consider were not provided or should have
been provided, or
· which exemptions you consider should not have been applied.
Intention not to continue to undertake the IC review
The Commissioner’s written [2]direction to IC review applicants provides
that:
· where an applicant wishes to proceed with a review of a revised
decision they must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review [2.25], and
· applicants must respond to enquiries from the OAIC within the
period provided unless there are circumstances warranting a longer period
to respond [2.22].
Section 54W(c) of the Freedom of Information Act 1982 provides that the IC
may decide not to continue to undertake a review where an applicant fails
to comply with a direction of the IC.
As such, if we do not hear from you by 16 September 2024, we intend to
exercise the discretion to finalise your IC review application.
Assistance
If you are unable to respond by 16 September 2024, please respond to this
email and request an extension of time to provide your response.
If you require an interpreter, please call the Translating and
Interpreting Service on 131 450, and ask for help speaking with the Office
of the Australian Information Commissioner. Alternatively, you may wish to
be supported by a person of your choosing anytime throughout this
process.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR24/00181 in all correspondence.
Kind regards,
[4][IMG] Sussan Jraijiri
Review Adviser
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P: 1300 363 992 E: [5][email address]
Please note: The OAIC will be revising its IC review procedures commencing
1 July 2024. For more information about these revised procedures,
including new resources to assist applicants and respondents, see our
webpage: [6]Upcoming changes to Information Commissioner review procedure
directions
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[7]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #11056 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/engage-with-us/n...
Our reference: MR24/00181
Agency reference: ABC FOI 202324-031
H
Australian Broadcasting Corporation
By email: [1][FOI #11056 email]
By email: [2][email address]
Finalisation of Information Commissioner review application under s 54W(c)
of the FOI Act
Dear Parties,
Please find attached a decision finalising this Information Commissioner
review under s 54W(c) of the FOI Act.
I confirm our file is now closed.
Kind regards
[3][IMG] Will Martin (he/him)
Assistant Review Advisor | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [4][email address]
Please note: The OAIC has revised its IC review procedures from 1 July
2024. For more information about these revised procedures, including new
resources to assist applicants and respondents, see our webpage:
[5]Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[6]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #11056 email]
2. mailto:[email address]
3. https://www.oaic.gov.au/
4. mailto:[email address]
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/engage-with-us/n...