LEX 3142 Documents.pdf

THE
BY
UNDER
1982
ACT
RELEASED
IS POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE

ANNEXURE A

STATEMENT OF REASONS RELATING TO AN FOI REQUEST BY
s 22(1)(a)(ii)

I, s 22(1)(a)(ii) Principal Lawyer, AFP Legal, am an officer authorised under section 23 of the
Act to make decisions in relation to the Australian Federal Police (AFP).

What follows is my decision and reasons for the decision in relation to your request.

BACKGROUND

On 10 March 2023, the AFP received your request in the following terms:

“I request under the FOI Act an AFP briefing about sovereign citizens as reported by
the Guardian ("In February the Australian federal police provided an unclassified
briefing on the growth of sovereign citizens in Australia and the current threat of
violent extremism being committed by people within the movement.") for the period
THE
1-28 February 2022 excluding emails.”

BY
SEARCHES

UNDER
1982
Searches for documents were undertaken by the FOI team and included but were not limited
to causing a search of al  records held by the AFP case officers with responsibility for matters
ACT
relating to the documents to which you sought access.
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EVIDENCE/MATERIAL ON WHICH MY FINDINGS
IS   WERE BASED

In reaching my decision, I have relied on the fol owing:

  the scope of your request;
FEDERAL
  the contents of the documents identified as relevan
INFORMATION t to the request;
  advice from AFP officers with r
DOCUMENT esponsibility for matters contained in the
OF
documents;
  the Act; and
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  the guidelines issued by the Office of the Australian Information Commissioner
under section 93A of the Act.
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DECISION
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THE
I have identified two (2) documents relevant to your request. I have decided to release these
documents in part with deletions pursuant to sections 37(2)(a), 47E(d) and 47G of the Act.

My reasons for this decision are set out below.

REASONS FOR DECISION

Material to which section 37(2)(a) applies:

Section 37(2)(a) of the Act provides that:

“(2)
A document is an exempt document if its disclosure under this Act

would, or could reasonably be expected to:

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(a)
prejudice the fair trial of a person or the impartial

adjudication of a particular case.”

Parts of documents identified as exempt under this section of the Act contain information
concerning a matter which is the subject of current criminal proceedings. The release of the
information prior to the case being finalised may prejudice the fair trial of the individuals who
have been charged or the impartial adjudication of this case.

Accordingly, I find that parts of the documents are exempt under section 37(2)(a) of the Act as
the matter is stil  before the courts.

Material to which section 47E(d) applies:

Section 47E(d) of the Act provides that:

“A document is conditional y exempt if its disclosure under this Act would, or could
reasonably be expected to, do any of the following:
THE

…
(d)
have a substantial adverse effect on the prop
BY  er and efficient conduct
of the operations of an agency;…”

UNDER
1982
Parts of documents identified as exempt under this section of the Act contain information,
the release of which, would have a substantial adverse effect on the conduct of AFP
ACT
operations – specifical y, the AFP’s expected functions as a law enforcement agency.
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The AFP performs statutory functions relating
IS to public safety, and the protection of the
public (and property) from criminal acts or otherwise. The information identified as exempt
under this section of the Act relates to potential threats to public safety being monitored by
the AFP. I am of the view that disclosure of the information could reasonably be expected to
have a substantial adverse effect on the proper and e
FEDERAL  fficient execution of the AFP’s functions
relating to public safety.
INFORMATION

DOCUMENT
OF
The AFP also performs statutory functions relating to services by way of the prevention and
investigation of offences. The information identified as exempt under this section of the Act is
THIS
also relevant to the AFP’s functions of investigating and preventing criminal offending. I am of
the view that disclosure of the information could reasonably be expected to have a
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substantial adverse effect on the proper and efficient performance of those functions.

FREEDOM
However, I must give access to this information unless, in the circumstances, access at this
THE
time would be contrary to the public interest.

I have considered the following factors favouring disclosure:

(a)
the general public interest in access to documents as expressed in section 11B of
the Act; and
(b)
the public interest in people being able to scrutinise the operations of a
government agency and in promoting governmental accountability and
transparency.

I have considered the following factors against disclosure:

(c)
the potential for the release of the information to jeopardise current operational
measures directed to securing public safety
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(d)
the need for law enforcement agencies to maintain the confidentiality over
information that may be relevant to the prevention and investigation of offences,
and
(e)
the overall public interest in law enforcement agencies maintaining public safety

While there is a public interest in providing access to documents held by the AFP, I have given
greater weight to factors (c) to (e) above and conclude that on balance, disclosure is not in the
public interest, given the need to maintain the confidentiality of current operational
information and ensure public safety. Accordingly, I find that the documents or parts of the
documents are exempt under section 47E(d) of the Act.

Material to which section 47G applies:

Section 47G of the Act provides that:

“(1)
A document is conditionally exempt if its disclosure under this Act would
disclose information concerning a person in respect of his or her business or
THE
professional affairs or concerning the business, commercial or financial affairs
of an organisation or undertaking, in a case in which
BY  the disclosure of the
information:
(a)
would, or could reasonably be expected to, unreasonably affect that
UNDER
1982
person adversely in respect of his or her lawful business or
professional affairs or that organisation or undertaking in respect of
ACT
its lawful business, commercial or financial affairs;  or
RELEASED
(b)
could reasonably be expected to prejudice the future supply of
POLICE
information to the Commo
IS  nwealth or an agency for the purpose of
the administration of a law of the Commonwealth or of a Territory or
the administration of matters administered by an agency.”

The documents or parts of documents identified as e
FEDERAL  xempt under this section of the Act
contain information which relates to the business affairs of a pri
INFORMATION vate organisation. It is
considered that this private organisation w
DOCUMENT ould be unreasonably affected by the disclosure of
OF
the information as it directly relates to their business and commercial affairs.

THIS
In relation to the factors favouring disclosure, I consider the following are relevant:

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(a)
the general public interest in access to documents as expressed in sections 11B of
the Act; and
FREEDOM
(b)
the public interest in people being able to scrutinise the operations of a
THE
government agency and in promoting governmental accountability and
transparency.

In relation to the factors against disclosure, I believe that the following are relevant:

(c)
the private organisation has not consented to the release of its information; and
(d)
disclosure may deter the private organisation from future cooperation with the
AFP.

I have considered the public interest factors both in favour and against disclosure and in my
view, in relation to these documents, the factors at (c) to (d) against disclosure outweigh the
factors in favour of disclosure. Accordingly, I find the documents or parts of the documents
are exempt under section 47G of the Act.

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***YOU SHOULD READ THIS GENERAL ADVICE IN CONJUNCTION WITH THE LEGISLATIVE
REQUIREMENTS IN THE FREEDOM OF INFORMATION ACT 1982***

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.

REVIEW RIGHTS under Part VI of the Act

Internal review by the AFP

Section 54 of the FOI Act gives you the right to apply for internal review of this decision. No
THE
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 as
BY  sist 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.
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1982

Section 54B of the FOI Act provides that the internal review submission must be made within
ACT
30 days. Applications may be sent by email (xxx@xxx.xxx.xx) or addressed to:
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Freedom of Information
IS
Australian Federal Police
GPO Box 401
Canberra ACT 2601

FEDERAL
REVIEW RIGHTS under Part VII of the Act INFORMATION

DOCUMENT
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Review by the Information Commissioner

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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
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sent (this can be an email address) and a copy of the AFP decision.

FREEDOM
Section 54S of the
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 5128

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.

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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/.

THE
BY
UNDER
1982
ACT
RELEASED
IS  POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE
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