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Our Ref: LEX 2763
19 June 2024
Mr Alex Pentland
Email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Pentland
Freedom of Information request
I refer to your request dated 27 May 2024 for documents held by the Australian Federal Police (AFP)
pursuant to the
Freedom of Information Act 1982 (the Act) in relation to the below:
This is a Freedom of Information Request for the purposes of the Freedom of Information Act.
I seek access to any AFP briefings or statements of facts made between 1 January 2019 and
today which contain the any of the following:
(a) the name "Lyndon LaRouche"
(b) the "LaRouche" movement
(c) the Citizens Electoral Council/Australian Citizens Party (noting the name change of the
organisation)
The Commissioner of the AFP, being the principal officer of the Agency, has authorised me to make
decisions on behalf of the agency in respect of the Act.
SEARCHES
Searches for documents were undertaken by relevant operational areas within AFP’s Specialist
Protective Command, as the relevant Command for documents to which you seek access.
Al variations of the relevant organisation and people’s names and several combinations of different
key words likely to be used in the titling of files (based on the description of events in the scope) were
searched. As a result, no documents relating to your request have been located in the possession of
the Australian Federal Police.
I consider al places where documents might be held were searched and the search terms were
comprehensive enough to locate any relevant documents.
Freedom of Information
/ GPO Box 401 Canberra City ACT 2601
/ Email: xxx@xxx.xxx.xx
POLICING FOR A SAFER AUSTRALIA
ABN 17 864 931 143
afp.gov.au
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In accordance with section 37(1)(a) of the Act, the AFP does not disclose documents which would
prejudice the conduct of an investigation of a breach, or possible breach, of the law. In accordance
with section 25(2) of the Act, the AFP wil not inform you whether such documents exist in relation to
your request. If such documents did exist, they would be exempt under the Act.
On that basis, apart from:
a)
the file made up for your FOI request; and
b)
documents which, if they existed, could reveal the existence of an investigation of a
breach, or possible breach of the law, which is not otherwise public knowledge
I understand no documents relating to your request have been located in the possession of the AFP.
Accordingly, I am satisfied al reasonable searches have been conducted and the AFP does not have
any documents to produce in response to your request.
Section 24A states:
“An agency or Minister may refuse a request for access to a document if:
(a)
al reasonable steps have been taken to find the document; and
(b)
the agency or Minister is satisfied that the document:
(i)
is in the agency’s or Minister’s possession but cannot be found; or
(ii)
does not exist.”
REVIEW AND COMPLAINT RIGHTS
If you are dissatisfied with a Freedom of Information decision made by the AFP, you can apply either
for internal review of the decision, or for a review by the Information Commissioner (IC). You do not
have to apply for internal review before seeking review by the IC.
For complaints about the AFP’s actions in processing your request, you do not need to seek review by
either the AFP or the IC in making your complaint.
Internal review by the AFP
Section 54 of the FOI Act gives you the right to apply for internal review of this decision. No particular
form is required to make an application for internal review, however, an application needs to be made
in writing within 30 days of this decision. It would assist the independent AFP decision-maker
responsible for reviewing the file if you set out in the application, the grounds on which you consider
the decision should be reviewed.
Section 54B of the FOI Act provides that the internal review submission must be made within 30 days.
Applications may be sent by email
(xxx@xxx.xxx.xx) or addressed to:
Freedom of Information
Australian Federal Police
GPO Box 401
Canberra ACT 2601
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Review by the Information Commissioner
Alternatively, section 54L of the FOI Act gives you the right to apply directly to the IC for review of this
decision. In making your application you wil need to provide an address for notices to be sent (this
can be an email address) and a copy of the AFP decision.
Section 54S of the FOI Act provides the timeframes for an IC review submission. For an
access
refusal decision covered by section 54L(2), the application must be made within 60 days. For an
access grant decision covered by section 54M(2), the application must be made within 30 days.
Applications for IC review may be lodged by email
(xxxxx@xxxx.xxx.xx), using the OAIC’s online
application form (available at
www.oaic.gov.au) or addressed to:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
The IC encourages parties to an IC review to resolve their dispute informal y, and to consider possible
compromises or alternative solutions to the dispute in this matter. The AFP would be pleased to
assist you in this regard.
Complaint
If you are unhappy with the way we have handled your FOI request, please let us know what we could
have done better. We may be able to rectify the problem. If you are not satisfied with our response,
you can make a complaint to the IC. A complaint may be lodged using the same methods identified
above. It would assist if you set out the action you consider should be investigation and your reasons
or grounds.
More information about IC reviews and complaints is available on the OAIC’s website at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
Yours sincerely
Casey Auld
A/FOI Team Leader - Corporate
Freedom of Information
Chief Counsel Portfolio
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