OFFICIAL
Our Ref: LEX 2871
23 July 2024
Sean (Right to know)
Em
ail: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Sean
Freedom of Information request
I refer to your request dated 28 June 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:
A list of any and all website domains seized either directly by or with assistance from the
Australian Federal Police between the years of 2008-2014
I would like to request that this list be provided in an easy to read format and include the
following information:
- Domain name
- Domain Registry
- Date of Seizure
- Brief description of the reason for the seizure.
Where possible and if allowed, please include any and all artwork, graphics, or seizure notices
applied to the domain once seized.
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 several AFP line areas, relevant to the scope of your
request which included, a search of all records held by those line areas within the AFP.
As a result, no documents relating to your request have been located in the possession of the
Australian Federal Police. By way of further explanation, the Act
provides for access to current
documents in an agency’s possession. There is no requirement for an agency to create a document for
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
OFFICIAL
OFFICIAL
the purpose of responding to an FOI request. The AFP’s Freedom of Information Team is therefore
unable to provide you with “
A list of any and all website domains seized…”
I consider all places where documents might be held were searched and the search terms were
comprehensive enough to locate any relevant documents.
I understand no documents relating to your request have been located in the possession of the AFP.
Accordingly, I am satisfied all 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
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 will 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.
OFFICIAL
OFFICIAL
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 informally, 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
AFP24826
A/FOI Team Leader - Corporate
Freedom of Information
Chief Counsel Portfolio
OFFICIAL
