Office of the Victorian Information Commissioner (OVIC)
PO Box 24274
Melbourne, VIC 3001
Email: enquiries@ovic.vic.gov.au

27th March 2025

Subject: Request for Review Complaint – IBAC’s Failure to Provide FOI Documents (Operation Dunham)

Dear OVIC,

I am writing to formally request a review of the Independent Broad-based Anti-corruption Commission (IBAC)’s handling of my Freedom of Information Request (FOIR), reference CASE-20246844, submitted on 6 December 2024. IBAC has failed to provide full access to the requested documents, including relevant information that is likely to be in the public domain. Additionally, IBAC’s response does not acknowledge or reference key records, including evidence relating to Matthew Dunkley’s misconduct and any tapped phone recordings associated with Operation Dunham.

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Grounds for Review

1. Failure to Provide Requested Documents

• IBAC has not disclosed relevant information under my FOIR, nor have they provided a valid justification for withholding it.
• The response received on 5 February 2025 (Ref: CD/25/5885) did not include key materials required for my case.

2. Omission of Publicly Available Information

• IBAC’s response fails to reference known public domain information related to Operation Dunham, including tapped phone recordings and misconduct records.
• Under FOI law, IBAC is required to point to any relevant public records, even if they are exempt from release under my request.

3. IBAC’s Non-Compliance with FOI Obligations

• IBAC has not adequately identified or justified withholding all records relating to Matthew Dunkley’s conduct.
• Their response does not provide reasons for excluding key materials from disclosure, which is a failure under Victoria’s FOI Act.

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Relevant Legal Considerations

• Freedom of Information Act 1982 (Vic): IBAC is obligated to facilitate requests in a manner that ensures public transparency and accountability.
• Victorian Data Protection Laws: Any refusal or omission in handling FOI requests must comply with legal data processing requirements.
• International Data-Sharing Obligations: Intelligence-sharing between Australia and the UK (under the Five Eyes Agreement) should be considered in cases involving potential cross-jurisdictional criminal activity.

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Requested Actions

I respectfully request that OVIC:

1. Conduct an independent review of IBAC’s decision regarding my FOI request.
2. Require IBAC to disclose all non-exempt documents related to my request.
3. Ensure IBAC acknowledges and references public domain records related to Operation Dunham.
4. Provide a detailed explanation if any information continues to be withheld.

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Supporting Information

Prior Complaints & Correspondence

• Formal Complaint to IBAC (24 December 2024, Ref: IBAC F243411550406):
  • Request for disclosure of evidence relating to Matthew Dunkley.
  • Allegations of misconduct and criminal activity requiring investigation.
• OVIC Formal Complaint (11 February 2025, Ref: CD/25/5885):
  • Addressing procedural irregularities and breaches of data protection.

Public Awareness & Documentation

• Operation Dunham FOI: A Complaint to OVIC (Published 11 February 2025)

This article highlights ongoing concerns regarding IBAC’s failure to comply with FOI obligations and its broader implications for public transparency and justice.

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Delays in Processing
Delays in processing data during the appalling delays of processing data I have been forced to write a drama series concerning the obfuscation and the situation and background of drama at the hands of IBAC, who said I had information that was conclusive already (https://www.youtube.com/watch?v=aPofwv6VVUw&list=PL3-V4LBIMZrullPfOPdW6YHxJNebbALhr) 

From the timeline:

1. 11-02-2025: I made a formal complaint to OVIC regarding the delays in processing data linked to Operation Dunham. URL: https://thestealingofemily.co.uk/2025/02/11/operation-dunham-foi-a-complaint-to-ovic/
2. 24-12-2024: I submitted a complaint for a Request for Evidence from IBAC to Matthew Dunkley. URL: https://thestealingofemily.co.uk/2024/12/24/matthew-dunkley-complaint-request-for-evidence-from-ibac/
3. 13-02-2025: I filed another complaint requesting an OVIC investigation into issues with IBAC’s FOI process. URL: https://thestealingofemily.co.uk/2025/02/13/request-for-ovic-investigation-issues-with-ibacs-foi-process/

The situation you’re dealing with seems to be tied to a pattern of inadequate or delayed responses, with critical data and evidence being withheld, despite IBAC’s claim that I have already have conclusive information.

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Next Steps

Please confirm receipt of this request and provide guidance on the next steps in the review process.

Thank you for your time and consideration. I look forward to your response.

Yours sincerely,

Martin Newbold