The new Adelaide Festival board says it will take it up to almost three months — which is after the South Australian election — to hand over under freedom of information laws the minutes of just one month’s worth of meetings.
The move means details of the decision to cancel writer Dr Randa Abdel-Fattah — and the board’s dealings with ALP South Australian Premier Peter Malinauskas — will be kept from the public as long as “April 9”.
The state election is to be held on March 21, with Malinaukas seeking reelection.
The Premier’s involvement is central to the scandal, which on January 8 saw Sydney-born Palestinian writer Abdel-Fattah disinvited from the Writers’ Week event, following behind-the-scenes campaigning by pro-Israel lobbyists.
In response, over 180 writers pulled out in defence of free speech, the entire Writers’ Week event was cancelled, for the first time in 64 years, and the Adelaide Festival board — which made the decision — collapsed.
Adelaide-based independent media outlet InDaily lodged a freedom of information request seeking the minutes of the Adelaide Festival board meetings held between December 14 and January 14.
In response, newly-appointed Adelaide Festival chair Julie Potter said it would take up to 85 days to process the application — almost three times the legislated 30 days.
Potter said Adelaide Festival was unable to make a determination on the FoI request within the statutory timeframe as it “encompasses a substantial volume of material”.
“Identifying, retrieving, and reviewing this volume of material will require extensive and time-intensive searches across multiple record-keeping systems,” Potter said in a letter to InDaily dated January 29.
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Judy Potter was appointed Adelaide Festival chair on January 13. Source: ABC News; Image top: Peter Malinauskas in June last year. Picture: Hilary Wardaugh/AAP
InDaily said it “intends to apply for a review of the decision under the Freedom of Information Act 1991”.
In the fallout of the scandal, it emerged Malinauskas had intervened and written to the Adelaide Festival board stating Abdel-Fattah should be “removed from the program”, just days before it did so, on January 8.
“Dr Abdel-Fattah’s appearance should be removed from the program” – Premier Malinaukas
On January 13 Writers’ Week was cancelled, the board collapsed, and a new board was appointed by the South Australian Government.
In the fallout, it emerged Malinauskas had intervened and written to the Adelaide Festival board stating Abdel-Fattah should be “removed from the program” — just days before it removed her from the program.
His actions were despite the Adelaide Festival Board being “independent” of government — under the law it is not to be subject to “ministerial directions” — and the fact that boards of arts organisations do not typically get involved in production or editorial decisions.
In the letter, addressed to then Adelaide Festival chair Tracey Whiting, Malinauskas wrote that Abdel-Fattah should be “removed from the program”; that her appearance was “not in the public interest”; that he was “surprised at the decision by Adelaide Writer’s (sic) Week to give a platform to this author”. Malinauskas said it would be “astonishing” if Abdel-Fattah was not disinvited.
“I am…deeply concerned that the Board is not prepared to remove her (Abdel-Fattah’s) appearance from the program” – Premier Malinaukas
He wrote that he was “deeply concerned that the Board is not prepared to remove her (Abdel-Fattah) appearance from the program”; and that the “Board’s failure to remove Dr Abdel-Fattah” would be “contrary to the Board’s broader responsibility to the Adelaide Festival and Adelaide Writer’s (sic) Week”.
Malinauskas also effectively threatened to use his position and the force of his government to attack the festival board if it did not comply with his wishes. He wrote: “I want to put it on the record that the South Australian Government fundamentally opposes the inclusion of Dr Randa Abdel-Fattah…and reserves the right to make public statements to this effect”.
“The South Australian Government…reserves the right to make public statements to this effect” — Premier Malinaukas
The letter, signed “Peter Malinaukas, PREMIER”, is dated January 2.
Six days later the Adelaide Festival board announced it had disinvited, Abdel-Fattah, sparking one of the biggest arts scandals in decades.
The move was despite the objection of Adelaide Festival management and Writers’ Week boss Louise Adler, who resigned in protest.
Remarkably, deep in his January 2 letter, Malinaukas writes that he “respects” the “fundamental democratic principles” behind the law forbidding government interference — while directly engaging in government interference.
“The Adelaide Festival is independent from Government, and under the Adelaide Festival Corporation Act 1998, is not subject to Ministerial direction on the artistic nature or content of performances or other events or activities conducted or promoted by the corporation,” he writes.
“I respect the law and the fundamental democratic principles behind it”.
“I want to put it on the record that the South Australian Government fundamentally opposes the inclusion of Dr Randa Abdel-Fattah” – Premier Malinaukas
In the fallout of the scandal, Malinaukas has sought to distance himself from the affair, saying it was always up to the board to make the decision.
The minutes of the board meetings will almost certainly record the board’s deliberations around cancelling Abdel-Fattah — and the interventions by Malinaukas.
Timeline:
Jan 2: Malinauskas tells board his gov’t “fundamentally opposes” Abdel-Fattah inclusion
Jan 8: Board disinvites Abdel-Fattah
Jan 13: Writers’ Week cancelled after mass boycott
Jan 13: SA Government announces new board
Jan 15: New board apologises “unreservedly” to Abdel-Fattah
Jan 29: New chair says it will take up to 85 days to hand over board minutes
Feb 27 – Mar 15: Adelaide Festival
Mar 21: South Australia election
April 9: New chair says FoI decision will take up to “April 9”
The number of meetings it held from December 14 to January 14 has not been disclosed, but it is required to hold at least six meetings a year.
On Saturday January 10, two days after cancelling Abdel-Fattah, it held an “extraordinary board meeting”, which is also subject to the FoI request.
Three directors resigned at the meeting: Adelaide businesswoman Donny Walford, lawyer Nick Linke and journalist Daniela Ritorto.
Chair Whiting announced her resignation the following day.
The current Adelaide Festival Corporation Board. Source: Adelaide Festival Corporation
On January 15, two days after it was appointed, the new board under Potter apologised “unreservedly” to Abdel-Fattah and invited her to attend in 2027.
“Intellectual and artistic freedom is a powerful human right,” it said.
“Our goal is to uphold it, and in this instance Adelaide Festival Corporation fell well short.”
“Intellectual and artistic freedom is a powerful human right…Adelaide Festival Corporation fell well short” — New Adelaide Festival board
It also apologised to Adler, stating she had taken a “principled stand” in the “extremely difficult decision to resign”.
“Louise is a revered figure of Australian literature who we hold in the highest regard,” it said.
“We wish also to convey the warm affection of the staff for Louise and their gratitude for her strong convictions”.
The Adelaide Writers’ Week – which last year reported over 160.000 attendees – was cancelled on January 13. Source: The Klaxon
The ousted board’s handling of the Abdel-Fattah matter has been described as a “masterclass in poor governance”.
Potter’s refusal to hand over the board minutes for up to 85 days has been criticised by South Australian Opposition.
Opposition arts spokesman Jack Batty told InDaily that board minutes were “regularly distributed” on a timely basis.
“What has the government got to hide by obfuscating and delaying the release of these documents until after the election?” he said.
“We need transparency around the decision-making process for Writers Week, especially when it has been such a major embarrassment for our state.”
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Editor, The Klaxon
