The YouX FOI Request
Background
Submitted on 6 May 2022, a more than year process began to determine whether the Adelaide University Union was an agency subject to the FOI Act begun.
It’s purpose was to ascertain the cost of the unnecessary rebrand and other pertinent information to students.
The requested information was:
All documents relating to the rebranding of the Adelaide University Union from 01 January 2019 to 29 June 2022.
All documents relating to the Adelaide University Union funding of the University of Adelaide Student Representative Council from 01 January 2020 to 29 June 2022.
All documents relating to the Adelaide University Union funding of the University of Adelaide student media (On Dit and Student Radio) from 01 January 2020 to 29 June 2022.
All documents relating to directions of the Adelaide University Union and/or Adelaide University Union Board to University of Adelaide student media (On Dit and Student Radio) from 01 January 2020 to 29 June 2022.
All documents relating to the salary of the AUU Executive Officer from 01 January 2020 to 29 June 2022.
All documents regarding Freedom of Information requests of the AUU from 01 January 2022 to 29 June 2022.
Legal Dispute
The crux of the year long legal debate which went all the way to SACAT was whether or not the AUU was subject to the FOI Act.
The Freedom of Information Act (1991) in addition to listing several categories of agency, defines that an organisation “established or continued in existence for a public purpose by an Act” is classifed as an agency.
The Adelaide University Union was established via the University of Adelaide Act (1971) in Section 21.
Among the Adelaide University Union’s Objects is the commitment to provide amenities and services to Students and Members, further the welfare of Students and Members. Additionally, the Adelaide University Union is a registered charity with the Australian Charities and Not-forprofits Commission. These facts lend to the AUU being subject to the criteria established via the FOI Act.
Due to these criteria, the Adelaide University Union seemed to fit the mold of an agency subject to the FOI Act. This theory remained untested until this past year.
Timeline
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6 May 2022 |
The AUU received the FOI application dated 6 May 2022. |
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5 July 2022 |
The FOI application became valid upon payment of the application fee by the applicant. |
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6 August 2022 |
The AUU failed to determine the application within the 30 day period required by the FOI Act, and is deemed to have refused access to the documents. |
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9 August 2022 |
The AUU received the internal review application dated 9 August 2022, together with payment of the application fee. |
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23 August 2022 |
The AUU failed to determine the application within the statutory time frame and is taken to have confirmed the original determination. |
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31 August 2022 |
The Ombudsman received the applicant’s request for external review dated 31 August 2022. |
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1 September 2022 |
The Ombudsman advised The AUU of the external review and requested submissions and documentation. |
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14 September 2022 |
The AUU provided submissions in support of a reliance upon section 18(1) |
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26 September 2022 |
The Ombudsman advised that a determination would not be made on the basis of section 18(1) unless The AUU had complied with section 18(2). The Ombudsman enquired whether the AUU would be willing to utilise a two week extension of time to comply with section 18(2). |
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4 October 2022 |
The AUU accepted the Ombudsman’s invitation to comply with section 18(2). |
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5 October 2022 |
The Ombudsman confirmed that The AUU had until 19 October 2022 to comply with section 18(2) and provide a response to the Ombudsman as to whether an amended application scope could be agreed to. |
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19 October 2022 |
The AUU advised that it had come to an agreement with the applicant to amend the scope of the application such that section 18(1) was no longer relied upon. |
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19 October 2022 |
The Ombudsman requested that The AUU provide copies of the documents falling within scope of the amended application, together with any submissions regarding exemption. |
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30 November 2022 |
The AUU provided the Ombudsman with copies of the documents falling within scope. A number of the documents were marked with proposed redactions. No submissions were provided to the Ombudsman. |
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30 November 2022 |
The Ombudsman requested The AUU provide submissions in support of the proposed redactions. |
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6 December 2022 |
The AUU confirmed that it would not provide any further submissions. |
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16 December 2022 |
The Ombudsman issued his provisional determination and invited submissions from the parties. |
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6 January 2023 |
The applicant provided submissions in response to the provisional determination. |
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6 January 2023 |
The AUU provided submissions in response to the provisional determination. |
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16 January 2023 |
The interested party provided submissions in response to the provisional determination. |
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23 January 2023 |
The Ombudsman gave their final determination ruling in favour of Edward Satchell |
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February 2023 |
The Adelaide University Union Board resolves to appeal the Ombudsman’s decision to SACAT |
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April 2023 |
Gary Sutherland hands in his resignation as Executive Officer of the AUU to the President |
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16 April 2023 |
Gary’s resignation is made public |
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18 April 2023 |
Lawyers for the Adelaide University Union and Edward Satchell appear before SACAT |
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5 May 2023 |
Lawyers for the Adelaide University Union and Edward Satchell appear before SACAT, setting a hearing date |
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May 2023 |
The Adelaide University Union concedes, acknowledging they will provide documents to Edward Satchell |
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June 2023 |
The Adelaide University Union provides the documents requested. |