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Emails correspondence between Australian Border Force officials and Network Seven producers

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  • UNCLASSIFIED

    From: Dutton, David [mailto:[email protected]] Sent: Tuesday, 2 December 2014 10:22 AMTo: Matthew Wardell (ACBPS); Annette Cohen (ACBPS); Lancia JORDANACc: Marks, LyndalSubject: ABC Lateline Story

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  • Hi all,

    This is in regards to a story I personally began to shoot last Friday. I gained Monicas signed consent but she later requested we stop. We did so immediately.

    Lancia was witness to me informing Monica that we film with DIBP on a regular basis and that we just happened to be rostered on to film there on that particular day (we were not targeting her). In fact, I also approached other passengers on the same day. I explicitly emphasised to Monica that we work independently from the DIBP and that her choice to allow us (or not) to film her Immigration interview would have no influence on the outcome.

    I have an extensive interview of her talking directly to me wherein she willingly engages with the camera and crew.

    Monica told me of her activism so I was extremely careful in my approach. I was polite, respectful and informed her off all legalities. Monica told me she had been to Australia before and that she was aware of the Border Security program.

    I believe Immigration decided to refuse her entry to Australia as she was on a tourist visa yet found proof that she intended to work in Australia as a prostitute.

    David

    David Dutton

    Series Producer | Border Security

    Seven Network (Operations) Limited

    Media City | 8 Central Avenue | Eveleigh NSW 2015 Australia

    Postal Address: GPO Box 7777 | Sydney NSW 2001 Australia

    Telephone +61 2 9877 7403 | Mobile +61 437 604 615

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  • _____

    Important Notice

    This message and its attachments are confidential and may contain information which is protected by copyright. It is intended solely for the named addressee. If you are not the authorised recipient (or responsible for delivery of the message to the authorised recipient), you must not use, disclose, print, copy or deliver this message or its attachments to anyone. If you receive this email in error, please contact the sender immediately and permanently delete this message and its attachments from your system.

    Any content of this message and its attachments that does not relate to the official business of Seven West Media Limited or its subsidiaries must be taken not to have been sent or endorsed by any of them.

    No representation is made that this email or its attachments are without defect or that the contents express views other than those of the sender.

    _____

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  • -----Original Message-----From: Dutton, David [mailto:[email protected]]Sent: Wednesday, 3 December 2014 9:08 AMTo: Matthew Wardell (ACBPS); Lancia JORDANASubject: Monica Jones Release

    -----Original Message-----From: DocuCentre-IV C4475 [mailto:[email protected]]Sent: Wednesday, 3 December 2014 9:06 AMTo: Dutton, DavidSubject: Scan Data from FX-C8AE03

    Number of Images: 1Attachment File Type: PDF

    Device Name: DocuCentre-IV C4475 Device Location:

    ##########################################################

    Important Notice:

    This message and its attachments are confidential and may contain information which is protected by copyright. It is intended solely for the named addressee. If you are not the authorised recipient (or responsible for delivery of the message to the authorised recipient), you must not use, disclose, print, copy or deliver this message or its attachments to anyone. If you receive this email in error, please contact the sender immediately and permanently delete this message

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    s. 22(1)(a)(ii)

  • and its attachments from your system. Any content of this message and its attachments that does not relate to the official business of Seven West Media Limited or its subsidiaries must be taken not to have beensent or endorsed by any of them. No representation is made that this email or its attachments are without defect or that the contents express views other than those of the sender.

    ##########################################################

    UNCLASSIFIED

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  • PROTECTED

    From: Dutton, David [mailto:[email protected]] Sent: Wednesday, 10 December 2014 3:39 PMTo: Lancia JORDANASubject: At last - the truth

    Admits to telling lies, and then continues to tell more!

    Will Lateline run a follow up on it? Guess not.

    Deported US transgender woman Monica Jones allegedly advertised sexual services, court documents show

    HYPERLINK "http://www.abc.net.au/lateline"Lateline

    By HYPERLINK "http://www.abc.net.au/news/jason-om/4512576"Jason Om

    Posted yesterday at 8:04pmTue 9 Dec 2014, 8:04pm

    HYPERLINK "http://www.abc.net.au/news/2014-12-09/monica-jones/5955868"American transgender activist Monica Jones, date unknown.HYPERLINK "http://www.abc.net.au/news/2014-12-09/monica-jones/5955868"Photo: Monica Jones says she was treated unfairly by the immigration department. (Lateline)

    HYPERLINK "http://www.abc.net.au/news/2014-12-02/us-transgender-activist-detained/5932596"Related Story: TV show accused of contributing to alleged unfair treatment of US transgender activist

    HYPERLINK "http://maps.google.com/?q=-26.000,134.500(Australia)&z=5"Map:

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  • Australia

    The Immigration Department has alleged that a deported US transgender activist advertised herself for sexual services and later admitted lying about it, according to court documents.

    Monica Jones, 30, accused the Department of Immigration and Border Protection (DIBP) of denying her procedural fairness when it cancelled her tourist visa after she arrived at Sydney Airport last month.

    In an interview transcript filed in the Federal Circuit Court, it is alleged Ms Jones initially told an immigration officer she did not breach her visa work conditions on a previous visit to Australia.

    Officer: When you were here on your previous trip, did you work at all?

    Jones: No.

    Officer: Did you do any work at all where you earned some money?

    Jones: No.

    Ms Jones said she was volunteering with the Scarlet Alliance Sex Workers Association to learn about Australia's sex worker laws and how the organisation operated.

    About 10 minutes later, the immigration officer presented an explicit online advertisement showing photos of Ms Jones in suggestive poses.

    Earlier another officer had Google searched the ad.

    Officer: That's you. I see you ...

    Jones: Yes.

    Officer: ... in that photograph. And yeah it appears to me to be an advertisement for working for ...

    Jones: Is that not legal here?

    Ms Jones was then told there were grounds to cancel her visa because while she was allowed limited business activities, she was not entitled to engage in any activity that included the sale of goods and services to the general public.

    She was given 10 minutes to provide a response and, according to the transcript, apologised for the breach.

    Jones: Of course I did it. I did. But you have to ask yourself I didn't know that it would be an issue ... I can't say how sorry I am. I got caught, yes, and did I lie? Yes ... I f***ed up and I didn't mean to f*** up and I'm sorry and I know I lied.

    The online advertisement tendered in court is headlined: "Dark American TS beauty!!! YOU WON'T BE DISAPPOINTED." It listed a variety of sexual services for up to $450.

    Alleged pressure from Seven Network program

    Ms Jones alleges a television crew from the Seven Network's Border Security program filming part of the interview contributed to her unfair treatment by creating an "intimidating environment".

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  • In her affidavit, Ms Jones said she was approached by a member of the television program who said: "Your story is really interesting. We would like to film your interview."

    "The television producer knew details of my case, which I found to be a breach of my confidentiality," Ms Jones's affidavit said.

    "It seemed to me that the DIBP had shared information about me with Border Security and I felt that if I refused that the DIBP would form a poor impression of me.

    "Every aspect of the process gave me the impression that the television program was connected to the DIBP and its decision making.

    "I refused a number of times. But though I refused, the producer of Border Security came back into the interview room to again persuade me. I felt pressured to consent to the filming by both DIBP staff and the producers of the show."

    Ms Jones said she was given the impression that agreeing to be filmed would help her case.

    The interview transcript showed the television crew left the room after Ms Jones asked them to stop filming.

    However, despite the crew having already left, the immigration officer brings up the issue.

    Officer: Are you OK if they continue to film or do you want this to stop? This is what it goes like ... they come in, they film, they clear out whenever you like. It is up to you completely, it's your will. Whatever you want.

    Jones: I just don't like what is going on here.

    Documents filed in the court show Customs had checked Ms Jones's phone before she left Australia on her last trip and that "multiple messages were found indicating [Ms Jones] has been performing work during her stay in Australia".

    Ms Jones is due to return to court at a later date via video link from the US to fight the department on the grounds she was denied procedural fairness.

    David Dutton

    Series Producer | Border Security

    Seven Network (Operations) Limited

    Media City | 8 Central Avenue | Eveleigh NSW 2015 Australia

    Postal Address: GPO Box 7777 | Sydney NSW 2001 Australia

    Telephone +61 2 9877 7403 | Mobile +61 437 604 615

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  • _____

    Important Notice

    This message and its attachments are confidential and may contain information which is protected by copyright. It is intended solely for the named addressee. If you are not the authorised recipient (or responsible for delivery of the message to the authorised recipient), you must not use, disclose, print, copy or deliver this message or its attachments to anyone. If you receive this email in error, please contact the sender immediately and permanently delete this message and its attachments from your system.

    Any content of this message and its attachments that does not relate to the official business of Seven West Media Limited or its subsidiaries must be taken not to have been sent or endorsed by any of them.

    No representation is made that this email or its attachments are without defect or that the contents express views other than those of the sender.

    _____

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  • UNCLASSIFIED

    From: Dutton, David [mailto:[email protected]] Sent: Wednesday, 10 December 2014 3:58 PMTo: Lancia JORDANACc: Subject: RE: At last - the truth [SEC=UNCLASSIFIED]

    And big wrap for the officer who was very straight forward about telling her of her right to ask for us to stop filming.

    From: Lancia JORDANA [mailto:[email protected]] Sent: Wednesday, 10 December 2014 3:55 PMTo: Dutton, DavidCc: Subject: RE: At last - the truth [SEC=UNCLASSIFIED]

    Here here Dave. Vindication at last! I will ask Craig to pass this article to his team.RegardsLancia

    Sent with Good (HYPERLINK "http://www.good.com"www.good.com)

    -----Original Message-----From: Dutton, David [HYPERLINK "mailto:[email protected]"[email protected]]

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    s. 22(1)(a)(ii)

    s. 22(1)(a)(ii)

  • Sent: Wednesday, December 10, 2014 03:41 PM AUS Eastern Standard TimeTo: Lancia JORDANASubject: At last - the truth

    Admits to telling lies, and then continues to tell more!

    Will Lateline run a follow up on it? Guess not.

    Deported US transgender woman Monica Jones allegedly advertised sexual services, court documents show

    HYPERLINK "http://www.abc.net.au/lateline"Lateline

    By HYPERLINK "http://www.abc.net.au/news/jason-om/4512576"Jason Om

    Posted yesterday at 8:04pmTue 9 Dec 2014, 8:04pm

    HYPERLINK "http://www.abc.net.au/news/2014-12-09/monica-jones/5955868"American transgender activist Monica Jones, date unknown.HYPERLINK "http://www.abc.net.au/news/2014-12-09/monica-jones/5955868"Photo: Monica Jones says she was treated unfairly by the immigration department. (Lateline)

    HYPERLINK "http://www.abc.net.au/news/2014-12-02/us-transgender-activist-detained/5932596"Related Story: TV show accused of contributing to alleged unfair treatment of US transgender activist

    HYPERLINK "http://maps.google.com/?q=-26.000,134.500(Australia)&z=5"Map: Australia

    The Immigration Department has alleged that a deported US transgender activist advertised herself for sexual services and later admitted lying about it, according to court documents.

    Monica Jones, 30, accused the Department of Immigration and Border Protection (DIBP) of denying her procedural fairness when it cancelled her tourist visa after she arrived at Sydney Airport last month.

    In an interview transcript filed in the Federal Circuit Court, it is alleged Ms Jones initially told an immigration officer she did not breach her visa work conditions on a previous visit to Australia.

    Officer: When you were here on your previous trip, did you work at all?

    Jones: No.

    Officer: Did you do any work at all where you earned some money?

    Jones: No.

    Ms Jones said she was volunteering with the Scarlet Alliance Sex Workers Association to learn about Australia's sex worker laws and how the organisation operated.

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  • About 10 minutes later, the immigration officer presented an explicit online advertisement showing photos of Ms Jones in suggestive poses.

    Earlier another officer had Google searched the ad.

    Officer: That's you. I see you ...

    Jones: Yes.

    Officer: ... in that photograph. And yeah it appears to me to be an advertisement for working for ...

    Jones: Is that not legal here?

    Ms Jones was then told there were grounds to cancel her visa because while she was allowed limited business activities, she was not entitled to engage in any activity that included the sale of goods and services to the general public.

    She was given 10 minutes to provide a response and, according to the transcript, apologised for the breach.

    Jones: Of course I did it. I did. But you have to ask yourself I didn't know that it would be an issue ... I can't say how sorry I am. I got caught, yes, and did I lie? Yes ... I f***ed up and I didn't mean to f*** up and I'm sorry and I know I lied.

    The online advertisement tendered in court is headlined: "Dark American TS beauty!!! YOU WON'T BE DISAPPOINTED." It listed a variety of sexual services for up to $450.

    Alleged pressure from Seven Network program

    Ms Jones alleges a television crew from the Seven Network's Border Security program filming part of the interview contributed to her unfair treatment by creating an "intimidating environment".

    In her affidavit, Ms Jones said she was approached by a member of the television program who said: "Your story is really interesting. We would like to film your interview."

    "The television producer knew details of my case, which I found to be a breach of my confidentiality," Ms Jones's affidavit said.

    "It seemed to me that the DIBP had shared information about me with Border Security and I felt that if I refused that the DIBP would form a poor impression of me.

    "Every aspect of the process gave me the impression that the television program was connected to the DIBP and its decision making.

    "I refused a number of times. But though I refused, the producer of Border Security came back into the interview room to again persuade me. I felt pressured to consent to the filming by both DIBP staff and the producers of the show."

    Ms Jones said she was given the impression that agreeing to be filmed would help her case.

    The interview transcript showed the television crew left the room after Ms Jones asked them to stop filming.

    However, despite the crew having already left, the immigration officer brings up

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  • the issue.

    Officer: Are you OK if they continue to film or do you want this to stop? This is what it goes like ... they come in, they film, they clear out whenever you like. It is up to you completely, it's your will. Whatever you want.

    Jones: I just don't like what is going on here.

    Documents filed in the court show Customs had checked Ms Jones's phone before she left Australia on her last trip and that "multiple messages were found indicating [Ms Jones] has been performing work during her stay in Australia".

    Ms Jones is due to return to court at a later date via video link from the US to fight the department on the grounds she was denied procedural fairness.

    David Dutton

    Series Producer | Border Security

    Seven Network (Operations) Limited

    Media City | 8 Central Avenue | Eveleigh NSW 2015 Australia

    Postal Address: GPO Box 7777 | Sydney NSW 2001 Australia

    Telephone +61 2 9877 7403 | Mobile +61 437 604 615

    _____

    Important Notice

    This message and its attachments are confidential and may contain information which is protected by copyright. It is intended solely for the named addressee. If you are not the authorised recipient (or responsible for delivery of the message to the authorised recipient), you must not use, disclose, print, copy or deliver this message or its attachments to anyone. If you receive this email in error, please contact the sender immediately and permanently delete this message and its attachments from your system.

    Any content of this message and its attachments that does not relate to the official business of Seven West Media Limited or its subsidiaries must be taken not to have been sent or endorsed by any of them.

    No representation is made that this email or its attachments are without defect or that the contents express views other than those of the sender.

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  • _____

    Important Notice: If you have received this email by mistake, please advisethe sender and delete the message and attachments immediately. This email,including attachments, may contain confidential, sensitive, legally privilegedand/or copyright information. Any review, retransmission, disseminationor other use of this information by persons or entities other than theintended recipient is prohibited. DIBP respects your privacy and hasobligations under the Privacy Act 1988. The official departmental privacypolicy can be viewed on the department's website at HYPERLINK "http://www.immi.gov.au"www.immi.gov.au. See:http://www.immi.gov.au/functional/privacy.htm

    _____

    Important Notice

    This message and its attachments are confidential and may contain information which is protected by copyright. It is intended solely for the named addressee. If you are not the authorised recipient (or responsible for delivery of the message to the authorised recipient), you must not use, disclose, print, copy or deliver this message or its attachments to anyone. If you receive this email in error, please contact the sender immediately and permanently delete this message and its attachments from your system.

    Any content of this message and its attachments that does not relate to the official business of Seven West Media Limited or its subsidiaries must be taken not to have been sent or endorsed by any of them.

    No representation is made that this email or its attachments are without defect or that the contents express views other than those of the sender.

    _____

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  • UNCLASSIFIED

    From: Lancia JORDANA Sent: Wednesday, 3 December 2014 9:06 AMTo: 'Dutton, David'Subject: RE: urgent Monica consent form [SEC=UNCLASSIFIED]

    DaveDid you get my urgent text? Matt asked if you can urgently scan and send Monica s signed consent form from Friday.RegardsLancia

    Sent with Good (HYPERLINK "http://www.good.com"www.good.com)

    -----Original Message-----From: Dutton, David [HYPERLINK "mailto:[email protected]"[email protected]]Sent: Wednesday, December 03, 2014 09:01 AM AUS Eastern Standard TimeTo: Lancia JORDANASubject: [SEC=UNCLASSIFIED]

    Great Lancia thank you

    From: Lancia JORDANA [mailto:[email protected]]Sent: Wednesday, 3 December 2014 8:54 AMTo: Dutton, DavidSubject: [SEC=UNCLASSIFIED]

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    s. 22(1)(a)(ii)

    s. 22(1)(a)(ii)

  • Thanks these changes are cleared to go.RegardsLancia

    Sent with Good (HYPERLINK "http://www.good.com"www.good.com)

    -----Original Message-----From: Dutton, David [HYPERLINK "mailto:[email protected]"[email protected]]Sent: Tuesday, December 02, 2014 03:59 PM AUS Eastern Standard TimeTo: Lancia JORDANASubject:

    Hi Lancia,

    See the attached above. Im sure this covers us off.

    Thanks again

    Dave

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  • _____

    Important Notice

    This message and its attachments are confidential and may contain information which is protected by copyright. It is intended solely for the named addressee. If you are not the authorised recipient (or responsible for delivery of the message to the authorised recipient), you must not use, disclose, print, copy or deliver this message or its attachments to anyone. If you receive this email in error, please contact the sender immediately and permanently delete this message and its attachments from your system.

    Any content of this message and its attachments that does not relate to the official business of Seven West Media Limited or its subsidiaries must be taken not to have been sent or endorsed by any of them.

    No representation is made that this email or its attachments are without defect or that the contents express views other than those of the sender.

    _____

    Important Notice: If you have received this email by mistake, please advisethe sender and delete the message and attachments immediately. This email,including attachments, may contain confidential, sensitive, legally privilegedand/or copyright information. Any review, retransmission, disseminationor other use of this information by persons or entities other than theintended recipient is prohibited. DIBP respects your privacy and hasobligations under the Privacy Act 1988. The official departmental privacypolicy can be viewed on the department's website at HYPERLINK "http://www.immi.gov.au"www.immi.gov.au. See:http://www.immi.gov.au/functional/privacy.htm

    _____

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    s. 22(1)(a)(ii)

  • Important Notice

    This message and its attachments are confidential and may contain information which is protected by copyright. It is intended solely for the named addressee. If you are not the authorised recipient (or responsible for delivery of the message to the authorised recipient), you must not use, disclose, print, copy or deliver this message or its attachments to anyone. If you receive this email in error, please contact the sender immediately and permanently delete this message and its attachments from your system.

    Any content of this message and its attachments that does not relate to the official business of Seven West Media Limited or its subsidiaries must be taken not to have been sent or endorsed by any of them.

    No representation is made that this email or its attachments are without defect or that the contents express views other than those of the sender.

    _____

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  • From: Lancia JORDANA Sent: Wednesday, 3 December 2014 9:38 AMTo: 'Dutton, David'; Matthew Wardell (ACBPS)Subject: RE: Monica Jones Release [SEC=UNCLASSIFIED]

    Thanks Dave

    Sent with Good (HYPERLINK "http://www.good.com"www.good.com)

    -----Original Message-----From: Dutton, David [HYPERLINK "mailto:[email protected]"[email protected]]Sent: Wednesday, December 03, 2014 09:09 AM AUS Eastern Standard TimeTo: Matthew Wardell (ACBPS); Lancia JORDANASubject: Monica Jones Release

    -----Original Message-----From: DocuCentre-IV C4475 [mailto:[email protected]]Sent: Wednesday, 3 December 2014 9:06 AMTo: Dutton, DavidSubject: Scan Data from FX-C8AE03

    Number of Images: 1Attachment File Type: PDF

    Device Name: DocuCentre-IV C4475Device Location:

    ##########################################################

    Important Notice:

    This message and its attachments are confidential and may contain information which is protected by copyright. It is intended solely for the named addressee.

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    s. 22(1)(a)(ii)

  • If you are not the authorised recipient (or responsible for delivery of the message to the authorised recipient), you must not use, disclose, print, copy or deliver this message or its attachments to anyone. If you receive this email in error, please contact the sender immediately and permanently delete this message and its attachments from your system.Any content of this message and its attachments that does not relate to the official business of Seven West Media Limited or its subsidiaries must be taken not to have beensent or endorsed by any of them. No representation is made that this email or its attachments are without defect or that the contents express views other than those of the sender.

    ##########################################################

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    2. Docs - Signed Consent Formt0NOZBG83. Docs - Email Correspondenceimage001