Delegate of the Australian Information Commissioner for the purposes of s 55K of the Freedom of Information Act 1982**

Freedom of Information - Whether reasonable steps taken to find documents - (CTH) Freedom of Information Act 1982 s 24A

1. Under s 55K of the Freedom of Information Act 1982 (the FOI Act), I set aside the internal review decision of the Special Broadcasting Service Corporation (the SBS) of 2 May 2025. I substitute my decision that documents falling within the scope of the request have been found and do exist.
2. Within 30 days[1] of this decision the SBS must provide a response to the applicant in accordance with s 26 of the FOI Act in relation to the documents discussed below at paragraphs [7] - [8] and advise whether it has fully implemented my decision.

1. This decision sets aside the SBS's internal review decision on the basis that the SBS no longer maintains that it does not hold any further documents within the scope of the applicant's request.

1. On 10 January 2024, the applicant applied to the SBS for access to various documents relating to the assessment of their program pitch. The applicant's request was framed in 8 parts.
2. On 2 May 2024, the SBS made an internal review decision to release one document in full relating to Part 7 of the applicant's request. In relation to Part 5 of the request, the SBS referred the applicant to a publicly available document. The SBS refused access to the remaining six parts of the applicant's request under s 24A of the FOIA Act, on the basis that no documents could be found.
3. On the same day, the applicant sought IC review of the SBS's internal review decision. During this review, the applicant also sought an investigation into the handling of their pitch and FOI request. The applicant's complaint about the handling of their FOI request has been considered separately (CP24/01394; CP24/01396). In any case, these are not IC reviewable issues and do not fall within the ambit of my powers as a delegate for the purposes of s 55K of the FOI Act.
4. During this IC review, after having regard to the scope of the request, the searches evidence provided, and the documents already released to the applicant, the Office of the Australian Information Commissioner identified other documents relevant to the scope of the request that the SBS have not provided to the applicant.
5. In response, the SBS conceded that additional documents fall within the scope of the applicant's request, but it did not make a revised decision to release this material to the applicant.
6. To assist with the timely resolution of this IC review, this matter has proceeded to a decision under s 55K of the FOI Act.
7. Noting the SBS no longer maintains that further documents cannot be found or do not exist, I set aside the SBS's internal review decision and substitute my decision that documents falling within scope of the request have been found and do exist.

Acting General Manager, Freedom of Information Case Management

Delegate of the Australian Information Commissioner for the purposes of s 55K of the Freedom of Information Act 1982

If a party to an IC review is unsatisfied with an IC review decision, they may apply under s 57A of the FOI Act to have the decision reviewed by the Administrative Review Tribunal (ART). The ART provides independent merits review of administrative decisions and has power to set aside, vary, or affirm an IC review decision.

An application to the ART must be made within 28 days of the day on which the applicant is given the IC review decision (see s 18(1) of the Administrative Review Tribunal Act 2024 and rule 5(3) of the Administrative Review Tribunal Rules 2024). An application fee may be payable when lodging an application for review to the ART. Further information is available on the ART's website (www.art.gov.au) or by telephoning 1800 228 333.

Making a complaint to the Commonwealth Ombudsman

If you believe you have been treated unfairly by the OAIC, you can make a complaint to the Commonwealth Ombudsman (the Ombudsman). The Ombudsman's services are free. The Ombudsman can investigate complaints about the administrative actions of Australian Government agencies to see if you have been treated unfairly.

If the Ombudsman finds your complaint is justified, the Ombudsman can recommend that the OAIC reconsider or change its action or decision or take any other action that the Ombudsman considers is appropriate. You can contact the Ombudsman's office for more information on 1300 362 072 or visit the Commonwealth Ombudsman's website at http://www.ombudsman.gov.au.

If you would like access to the information that we hold about you, please contact FOIDR@oaic.gov.au. More information is available on the Access our information page on our website.

[1] On the question of the processing deadlines that now apply, see Fletcher and Prime Minister of Australia [2013] AICmr 11 at [33] - [38].