From: Karyn Bloxham
To: Amy Fox
Cc: Vanessa MacBean; Jordan Bramis; Pamela Longstaff
Subject: Re: New Internal Review 067 - Anonymous [ABC-Legal.FID77777]
Date: Monday, 27 September 2021 10:49:54 PM
Hi Amy
It means the applicant is told (usually within 14 days) that the ABC has received the application for internal review. As it is a fresh decision by a different delegate, Pam and I discussed that this should come from the internal review team as a general rule to separate it from the earlier communications, and to maintain independence internally.
Their email address is on the decision letter and the original 2 emails I sent through earlier on 9 September. At his stage if you haven't contacted anonymous, you may want to acknowledge receipt in the actual decision letter itself given it's only a few days away.
Also, I understand the MD's office would like to review the decision before it goes out (the MD approved the original decision).
Many thanks, Karyn
From: Amy Fox <[email protected]>
Sent: Monday, 27 September 2021, 21:08 To: Karyn Bloxham
Cc: Vanessa MacBean; Jordan Bramis
Subject: RE: New Internal Review 067 - Anonymous [ABC-Legal.FID77777]
Hi Karyn
I’m assisting Vanessa with this review.
Could you please let me know by what means we will notify the applicant of the review decision? Is there an email address?
We haven’t prepared the decision yet but I just want to be ready to go for Thursday.
Kind regards Amy
ABC
Amy Fox
Employment Counsel
P 0457 573 745 E [email protected]
We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional
Document 2
Custodians of the lands where we live, learn and work.
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From: Vanessa MacBean <[email protected]>
Sent: Thursday, 9 September 2021 11:12 AM To: Amy Fox <[email protected]>
Subject: FW: New Internal Review 067 - Anonymous [ABC-Legal.FID77777]
From: Karyn Bloxham <[email protected]>
Sent: Tuesday, 7 September 2021 4:58 PM
To: Vanessa MacBean <[email protected]>
Cc: Jordan Bramis <[email protected]>
Subject: New Internal Review 067 - Anonymous [ABC-Legal.FID77777]
Hi Vanessa
REQUEST FOR INTERNAL REVIEW - ABC FOI 202021-067 – CHRISTIAN PORTER DEFENCE AND REPLY DOCUMENTS
On Tuesday 31 August, we received a request for an internal review of a decision made on Friday 27 August 2021, under the Freedom of Information Act 1982.
As delegate, we would be grateful if you would undertake the review. The internal review decision is due to be made on Thursday 30 September 2021 (30 days after the day the application was received.)
Request Scope:
[In]the matter of Charles Christian Porter V Australian Broadcasting Corporation (Federal Court reference: NSD206/2021). … a copy of the defence without any of the redactions which were
imposed by the Court or which were otherwise applied to the defence for any other reason, and a
copy of the reply without any of the redactions which were imposed by the Court or which were
otherwise applied to the reply for any other reason.”
Original decision
Access was refused in full to the documents on the basis the FOI Act
prohibits release of documents under FOI if it would amount to contempt of court and/or if to do so would be in contravention of an order of a court (s 46(a) and (b) FOI Act) (hyperlinked for reference)
Jordan has helpfully compiled the attached folder of documents, including internal correspondence, emails with the applicant, relevant court orders, and the decision letter. The parts of the documents sought were exempt in full and not included in the folder. The rest (unredacted) parts of the documents are
Document 2
online.
Background:
Between 31 July 2021 – 1 August 2021 the applicant sent an FOI request and various supplementary information/submissions about their request.
ABC staff consulted include - Anna Glen, Phillip Beattie, Jacqueline Foord and Michael Rippon.
On 14 August 2021 the applicant suggested an extension of time due to a change in the status of a court order while the FOI request was being processed.
This extension was considered but not agreed to under s 15AA in the end, as the ABC did not require more time, per General Counsel and Pam Longstaff.
On 27 August 2021, the ABC provided the applicant the decision within the original time frame.
Relevantly, a new court order, and judgment, was handed down on 31 August 2021, meaning the circumstances have changed since the date of the original decision. However, it seems the applicant may misunderstand the effect of the latest order and judgment, which are linked here (top 2 entries):
https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/online- files/porter-v-abc
INTERNAL REVIEW Request
On 31 August 2021 when the applicant made his submissions, the judgment had not been published. It is dated 31 August but was published the day after. He did have access to the Order of 31 August, and earlier court file documents which are publicly available on the Federal Court of Australia website.
Documents
The unredacted portions were (and still are, to my understanding) covered by a suppression order.
Please let me know whether you would like to notify the applicant that ABC has received the internal review, or whether you prefer that we send the
acknowledgment email?
Many thanks, Karyn
ABC Karyn Bloxham
FOI & Corporate Governance Advisor ABC Legal
P: 02 8333 3312
We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn and work.