Termination of Antoinette Lattouf's employment

Freedom of Information request Termination of Antoinette Lattouf s employment.txt

3K Download View as HTML

Good afternoon CR

The ABC refers to your email attached.

The ABC’s social media guidelines are published here: [1]Personal use of
social media – Guidelines | About the ABC

Regarding point 9, the Fair Work Commission (FWC) is subject to the
Freedom of Information Act (FOI Act). The ABC proposes to transfer this
part of the request to the FWC as it is more closely aligned with their
functions, or you may wish to make a direct application instead. Please
let us know your preference.

Would you be able to call the FOI team or provide your best contact number
so that we may speak about the other paragraphs of your request?

The ABC is assessing whether the size of the request may be an
unreasonable diversion of resources and whether you may wish to narrow the
scope via a request consultation process.

The ABC as an agency is exempt from the operation of the FOI Act in
relation to its program material. This includes complaints about ABC
programs and documents which may contain the key words you have nominated
to the extent they relate to the ABC’s content (program material).

Many thanks,

ABC FOI team

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.

--------------------------------------------------------------------------

Please consider the environment before printing this e-mail.

The information contained in this email and any attachment is confidential
and may contain legally privileged or copyright material. It is intended
only for the use of the addressee(s). If you are not the intended
recipient of this email, you are not permitted to disseminate, distribute
or copy this email or any attachments. If you have received this message
in error, please notify the sender immediately and delete this email from
your system. The ABC does not represent or warrant that this transmission
is secure or virus free. Before opening any attachment you should check
for viruses. The ABC's liability is limited to resupplying any email and
attachments.

References

Visible links
1. https://about.abc.net.au/reports-publica...

hide quoted sections

062 letter re scope to applicant.pdf

589K Download View as HTML

ABC FOI 202324-062

Good afternoon CR

The ABC refers to previous communications.

Our apologies for the delay in responding to your email of 25 January. We
have been making internal enquiries and are currently experiencing a high
workload which we are doing our best to manage.

The ABC would be grateful if you could respond to the attached letter at
your convenience and or phone the FOI team during business hours to
discuss the matters raised.

Many thanks,

ABC FOI team

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.

--------------------------------------------------------------------------

Please consider the environment before printing this e-mail.

The information contained in this email and any attachment is confidential
and may contain legally privileged or copyright material. It is intended
only for the use of the addressee(s). If you are not the intended
recipient of this email, you are not permitted to disseminate, distribute
or copy this email or any attachments. If you have received this message
in error, please notify the sender immediately and delete this email from
your system. The ABC does not represent or warrant that this transmission
is secure or virus free. Before opening any attachment you should check
for viruses. The ABC's liability is limited to resupplying any email and
attachments.

hide quoted sections

ABC FOI 202324-062

Good evening CR

Thank you for your response confirming that you would like to remove the original parts 2 and 3 from the scope of your request.

Our apologies for the delay in emailing back about the proposed wording of part 4 being part of your request. We note you are otherwise happy with the proposed wording of the scope that was on page 3 of our letter.

We are unclear what you mean by correspondence from the parties in paragraphs ii) to vi) 'to the ABC' as these parties work within the ABC. By comparision, the Minister noted in para 1) is external to the ABC.

You have stated that "The purpose of this part [4] is to determine if any external influence was exerted in [the individual's] termination process." It would appear that this enquiry is also covered by the original points 5, 6 and 7 of the original scope which remain.

With regards to complaints about the ABC's programs, this information is exempt from the FOI regime under s 7(2), and would usually include material held by the Ombudsman's office as this is the Ombudsman's remit.

In addition, any communications of the ABC's legal team as advisors to its client, the ABC, would be exempt under s 42 to the extent these existed.

We would be grateful if you would further consider clarifying and narrowing the scope of your request as it appears to capture a large number of documents and be above the first 5 hours of free processing.

We remain happy to chat by phone if you would like to call us. Thank you for your further consideration.

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.

-----Original Message-----
From: CR <[FOI #11039 email]>
Sent: Wednesday, February 7, 2024 7:53 PM
To: FOI ABC <[ABC request email]>
Subject: Re: FOI 062 - Further clarification of scope [ABC-Legal.FID98688]

Dear ABC FOI team,

Thank you for your response. I want to revise the scope of my request based on your provided information.

I have removed parts 2 and 3 to narrow the scope. Regarding part 4, press reports allege that a letter-writing campaign was coordinated by members of the ‘Lawyers for Israel’ WhatsApp group targeting key ABC figures. It is further alleged these members threatened legal action against the ABC in relation to Ms Lattouf’s employment.

To clarify the scope of part 4, I propose to request:

Correspondence between 7 October 2023 and 19 January 2024 from the following parties to the ABC regarding Ms Lattouf:
i) The Hon. Michelle Rowland MP, Minister for Communications
ii) The ABC Ombudsman
iii) Mr David Anderson
iv) Ms Ita Buttrose
v) Mr Oliver-Taylor, Chief Content Officer
vi) The ABC's legal team

The purpose of this part is to determine if any external influence was exerted in Ms Lattouf’s termination process. Please advise if you require any modification to part 4 for it to remain relevant to the issues in question. I welcome your guidance on properly focusing this part of my request.

Thank you in advance for your consideration.

Best regards,
CR

-----Original Message-----

ABC FOI 202324-062

Good afternoon CR

The ABC refers to previous communications.

Our apologies for the delay in responding to your email of 25 January. We have been making internal enquiries and are currently experiencing a high workload which we are doing our best to manage.

The ABC would be grateful if you could respond to the attached letter at your convenience and or phone the FOI team during business hours to discuss the matters raised.

Many thanks,

ABC FOI team

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.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #11039 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://urldefense.com/v3/__https://www....

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

----------------------------------------------------------------------
Please consider the environment before printing this e-mail.

The information contained in this email and any attachment is confidential and may contain legally privileged or copyright material. It is intended only for the use of the addressee(s). If you are not the intended recipient of this email, you are not permitted to disseminate, distribute or copy this email or any attachments. If you have received this message in error, please notify the sender immediately and delete this email from your system. The ABC does not represent or warrant that this transmission is secure or virus free. Before opening any attachment you should check for viruses. The ABC's liability is limited to resupplying any email and attachments.

hide quoted sections

ABC FOI 202324-062

Good evening CR

Many thanks for your email.

For simplicity, I have renumbered the 4 paragraphs 1 to 4 (as opposed to 5
to 8) and have included the same date range for part 4 as was proposed in
our earlier correspondence.

I request access to the following documents under the Freedom of
Information Act 1982 (Cth):

1. Letters received by the ABC calling for Ms Lattouf's dismissal, from 7
October 2023 to 19 January 2024.

2. Complaints regarding Ms Lattouf from the Executive Council of
Australian Jewry (ECAJ) from 7 October 2023 to 19 January 2024.

3. Complaints regarding Ms Lattouf from any other lobby groups from 7
October 2023 to 19 January 2024.

4. Documents that contain the discussion and decision-making process
related to the dismissal of Antoinette Lattouf from 7 October 2023 to 19
January 2024.

If you can kindly confirm you are happy with this as the final updated
scope, then we will search in this basis and send a formal acknolwedgement
email.

(Please note we have noted the FOI Act is Commonwealth as we are not
subject to the Victorian FOI Act which is also 1982.)

Many thanks,

ABC FOI team

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.

--------------------------------------------------------------------------

Please consider the environment before printing this e-mail.

The information contained in this email and any attachment is confidential
and may contain legally privileged or copyright material. It is intended
only for the use of the addressee(s). If you are not the intended
recipient of this email, you are not permitted to disseminate, distribute
or copy this email or any attachments. If you have received this message
in error, please notify the sender immediately and delete this email from
your system. The ABC does not represent or warrant that this transmission
is secure or virus free. Before opening any attachment you should check
for viruses. The ABC's liability is limited to resupplying any email and
attachments.

hide quoted sections

ABC FOI 202324-062

Good morning CR

Thank you for your email attached. The ABC confirms receipt of your
revised FOI request sent on Thursday 15 February 2024, seeking:

I request access to the following documents under the Freedom of
Information Act 1982 (Cth):

1. Letters received by the ABC calling for Ms Lattouf's dismissal, from 7
October 2023 to 19 January 2024.

2. Complaints regarding Ms Lattouf from the Executive Council of
Australian Jewry (ECAJ) from 7 October 2023 to 19 January 2024.

3. Complaints regarding Ms Lattouf from any other lobby groups from 7
October 2023 to 19 January 2024.

4. Documents that contain the discussion and decision-making process
related to the dismissal of Antoinette Lattouf from 7 October 2023 to 19
January 2024.

A decision on your request is due by Monday 18 March 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. Please note that if any part of this request
yields a large number of documents, we will come back to you under ss 24
and 24AB to discuss possibilities of further revising the scope of this
request.

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 [1]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.

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

02 8333 3312

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.

--------------------------------------------------------------------------

Please consider the environment before printing this e-mail.

The information contained in this email and any attachment is confidential
and may contain legally privileged or copyright material. It is intended
only for the use of the addressee(s). If you are not the intended
recipient of this email, you are not permitted to disseminate, distribute
or copy this email or any attachments. If you have received this message
in error, please notify the sender immediately and delete this email from
your system. The ABC does not represent or warrant that this transmission
is secure or virus free. Before opening any attachment you should check
for viruses. The ABC's liability is limited to resupplying any email and
attachments.

References

Visible links
1. http://about.abc.net.au/abc-privacy-poli...

hide quoted sections

ABC FOI 202324-062

Good afternoon CR

Thank you for your email.

The wording of the scope of your request was changed several times and was agreed on Thursday 15 Feb. The ABC does not agree that a decision is due 4 calendar days later.

The initial 30 day processing time started on Friday 16 Feb. This is consistent with legal advice we have received and our understanding of relevant case law.

Practically, searches occur once we know what documents you are looking for based on your revised scope. The ABC did not have foresight as to which paragraphs you wished to add or remove until those later decision points occurred with the final wording being agreed on 15 February. During this process, you added a complex paragraph, resetting the clock, and then removed it, resetting the clock again. It is not our view that the current scope backdates to 19 January as you subsequently removed the introductory paragraphs, added then removed a multi-section paragraph, and added a date range to part 4 [previously part 8] which was otherwise broader.

We are therefore clear on the searches you require for the 4 paragraphs as emailed by you on 15 February, and are commencing searches this week based on that focused wording.

The ABC FOI team is here to assist you and process the file.

We have previously noted that the current part 4 may be an unreasonable diversion of resources (search results pending) and we will come back to you once search results are in re whether a practical refusal reason may exist, or re whether a charge may apply.

The ABC is not of the view that the decision is deemed and thefore all review rights apply to you once the decision is made, or should it later become deemed. In addition, you have sought third party documents so this may affect the timeline under ss 27A or 27 of the FOI Act.

We are happy to discuss with you by phone - 13 9994

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.

-----Original Message-----
From: CR <[FOI #11039 email]>
Sent: Tuesday, February 20, 2024 11:37 AM
To: FOI ABC <[ABC request email]>
Subject: Re: FOI 062 - Acknowledgment of request [ABC-Legal.FID98688]

Dear ABC FOI Team,

Thanks for your confirmation of my revised scope.

However, I disagree with your assertion that a decision is due on Monday 18 March 2024.

My FOI request was sent on 19 January 2024. Our informal consultation regarding the scope of my request did not pause or extend the processing time, nor did I withdraw my request. The due date for a decision was due yesterday, 19 February 2024.

Please confirm if your agency intends to apply to the OAIC for an extension of time under section 15AC to process my request, given the deemed refusal decision. Reinstating my right to seek an internal review is preferable to starting the IC Review process.

Yours sincerely,

CR

-----Original Message-----

ABC FOI 202324-062

Good morning CR

Thank you for your email attached. The ABC confirms receipt of your revised FOI request sent on Thursday 15 February 2024, seeking:

I request access to the following documents under the Freedom of Information Act 1982 (Cth):

1. Letters received by the ABC calling for Ms Lattouf's dismissal, from 7 October 2023 to 19 January 2024.

2. Complaints regarding Ms Lattouf from the Executive Council of Australian Jewry (ECAJ) from 7 October 2023 to 19 January 2024.

3. Complaints regarding Ms Lattouf from any other lobby groups from 7 October 2023 to 19 January 2024.

4. Documents that contain the discussion and decision-making process related to the dismissal of Antoinette Lattouf from 7 October 2023 to 19 January 2024.

A decision on your request is due by Monday 18 March 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. Please note that if any part of this request yields a large number of documents, we will come back to you under ss 24 and 24AB to discuss possibilities of further revising the scope of this request.

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 [1]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.

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