AFP Women's Network documents fin years 2020-21, 2021-22; Diversity Strategy 2016-2026
Dear Australian Federal Police,
I would like to request documents relating to the AFP Women's Network (whatever it might be called) for the financial year 2020-2021, and from 1 July 2021 until the date of this request.
I would like to request 3 categories of documents.
Governance
The first is governance documents. This would include governance documents that applied to the Women's Network in the time period above, even if the documents themselves are dated earlier, such as:
- terms of reference
- membership policy
- strategic documents setting out the goal / purpose of the network
- other policy documents concerned with the Women's Network
Only final versions that were in effect during the time above are necessary.
Secretariat
The second category is secretariat documents. This would include:
- meeting agendas
- meeting minutes
- action items (if not included in the minutes)
- presentations and other documents (if not included in the minutes)
- a forward work plan
- a decision register.
Only final versions are necessary.
Finance
The third category is finance documents. For the time period above, I would like the minimum number of documents required to know what the Women's Network spent and what it was spent on. Alternatively, I would be satisfied if the AFP created a document summarising this information and provided that.
This would include catering IWD functions, funding for employees to attend activities such as conferences (travel costs, conference costs, etc.), money provided as a grant or subsidy in some way, and similar. Actual expenditure only, not staff time etc.
Lastly, I would like to request a copy of the document titled something like 'Diversity & Inclusion Strategy 2016-2026'. This document includes goals or targets for % of women police and similar.
While I generally agree to non-SES details being redacted, I would expect any Women's Network 'office holders' names to be included, even if they are not SES.
Yours faithfully,
Me
OFFICIAL
Att: ME (Right to Know)
YOUR FREEDOM OF INFORMATION REQUEST – CRM 2022/1176 (LEX757)
We refer to your request dated 2 May 2022, seeking access to documents
under the Freedom of Information Act 1982 (the Act) as follows:
“I would like to request documents relating to the AFP Women's Network
(whatever it might be called) for the financial year 2020-2021, and from 1
July 2021 until the date of this request.
I would like to request 3 categories of documents.
Governance
The first is governance documents. This would include governance documents
that applied to the Women's Network in the time period above, even if the
documents themselves are dated earlier, such as:
- terms of reference
- membership policy
- strategic documents setting out the goal / purpose of the network
- other policy documents concerned with the Women's Network
Only final versions that were in effect during the time above are
necessary.
Secretariat
The second category is secretariat documents. This would include:
- meeting agendas
- meeting minutes
- action items (if not included in the minutes)
- presentations and other documents (if not included in the minutes)
- a forward work plan
- a decision register.
Only final versions are necessary.
Finance
The third category is finance documents. For the time period above, I
would like the minimum number of documents required to know what the
Women's Network spent and what it was spent on. Alternatively, I would be
satisfied if the AFP created a document summarising this information and
provided that.
This would include catering IWD functions, funding for employees to attend
activities such as conferences (travel costs, conference costs, etc.),
money provided as a grant or subsidy in some way, and similar. Actual
expenditure only, not staff time etc.
Lastly, I would like to request a copy of the document titled something
like 'Diversity & Inclusion Strategy 2016-2026'. This document includes
goals or targets for % of women police and similar.
While I generally agree to non-SES details being redacted, I would expect
any Women's Network 'office holders' names to be included, even if they
are not SES.”
Timeframe
Your request was received by the AFP on 2 May 2022, and the 30 day
statutory period for processing your request commenced from that date. The
due date for your request is 1 June 2022.
As the AFP focuses its efforts on managing the impact of COVID-19 on its
critical operations, our ability to process requests for information under
the Act may be affected or not delivered within expected timeframes. We
apologise for the inconvenience and appreciate your patience during this
period. Should this occur we will contact you as soon as practicable, and
seek to extend processing timeframes in accordance with the Act.
Information irrelevant to the scope of your request
The AFP, in its management of FOI requests, excludes the following
information on the basis that is irrelevant to the scope of a request:
- duplicate documents, including duplicate emails (the AFP will only
provide emails where they form a final email chain and the
authors/recipients are contained within the final email); and
- information that is publicly available, for example, newspaper
articles, online publications including information available on the AFP
Information Publication Scheme and the AFP disclosure log.
Please advise this office that you also consent to exclude the following
information:
- Names of AFP members, other than the Senior Executive; and
- Direct telephone numbers, middle names of AFP members, signatures
and mobile telephone numbers of AFP members.
Disclosure of your identity
The AFP may be required to consult with third parties in accordance with
sections 26A, 27 and 27A of the Act. Please advise us if you consent to
the AFP identifying you as the FOI applicant for the purposes of the
consultation. If we do not receive your consent, we will not disclose
your identity to third parties.
Information Publication Scheme
Please be advised that effective 1 May 2011 and in accordance with section
8(2) of the Act, an agency is required to publish information on the AFP
website following the notification of a decision in respect of a freedom
of information request. Details of the decision will be published in a
Disclosure Log which can be found at
[1]https://www.afp.gov.au/about-us/informat....
The requirement to publish information released under FOI reinforces the
objectives of the FOI Act to promote a pro-disclosure culture across
government, and to increase recognition that information held by
government is a national resource. Exceptions to the requirement to
publish information would apply to personal information and information
concerning the business affairs of a person if it was considered
‘unreasonable’ to do so.
If however, after noting the above, you wish to raise any concerns about
the publication of information concerning your request prior to the
notification of a decision, please advise the AFP in writing before 1 June
2022.
Kind regards
AFP 24818
CHIEF LEGAL COUNSEL
[2]www.afp.gov.au
[3]Australian Federal Police
From: Me <[4][FOI #8848 email]>
Sent: Monday, 2 May 2022 10:59 PM
To: FOI <[5][email address]>
Subject: Freedom of Information request - AFP Women's Network documents
fin years 2020-21, 2021-22; Diversity Strategy 2016-2026
Dear Australian Federal Police,
I would like to request documents relating to the AFP Women's Network
(whatever it might be called) for the financial year 2020-2021, and from 1
July 2021 until the date of this request.
I would like to request 3 categories of documents.
Governance
The first is governance documents. This would include governance documents
that applied to the Women's Network in the time period above, even if the
documents themselves are dated earlier, such as:
- terms of reference
- membership policy
- strategic documents setting out the goal / purpose of the network
- other policy documents concerned with the Women's Network
Only final versions that were in effect during the time above are
necessary.
Secretariat
The second category is secretariat documents. This would include:
- meeting agendas
- meeting minutes
- action items (if not included in the minutes)
- presentations and other documents (if not included in the minutes)
- a forward work plan
- a decision register.
Only final versions are necessary.
Finance
The third category is finance documents. For the time period above, I
would like the minimum number of documents required to know what the
Women's Network spent and what it was spent on. Alternatively, I would be
satisfied if the AFP created a document summarising this information and
provided that.
This would include catering IWD functions, funding for employees to attend
activities such as conferences (travel costs, conference costs, etc.),
money provided as a grant or subsidy in some way, and similar. Actual
expenditure only, not staff time etc.
Lastly, I would like to request a copy of the document titled something
like 'Diversity & Inclusion Strategy 2016-2026'. This document includes
goals or targets for % of women police and similar.
While I generally agree to non-SES details being redacted, I would expect
any Women's Network 'office holders' names to be included, even if they
are not SES.
Yours faithfully,
Me
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[6][FOI #8848 email]
Is [7][AFP request email] the wrong address for Freedom of Information requests
to Australian Federal Police? If so, please contact us using this form:
[8]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[9]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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5. mailto:[email address]
6. mailto:[FOI #8848 email]
7. mailto:[AFP request email]
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OFFICIAL
Our reference: CRM2022/1176 (LEX757)
Att: ME (Right to Know)
YOUR FREEDOM OF INFORMATION REQUEST – CRM 2022/1176 (LEX757) – REQUEST FOR
EXTENSION OF TIME
We refer to your request dated 2 May 2022, seeking access to documents
under the Freedom of Information Act 1982 (the Act).
Upon consideration of your request, the AFP is of the view that your
request will take longer than 30 days to process. The delay is
regrettable, however, to ensure all relevant searches are undertaken
further enquiries with AFP business areas are required and therefore it
will not be possible to advise you of a decision by 1 June 2022.
Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period by 30 days to notify you of a decision to 1 July 2022.
I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time.
If you have any queries in relation to this matter, please do not hesitate
to contact this office.
Kind regards
AFP24818
TEAM MEMBER
CHIEF COUNSEL
[1]www.afp.gov.au
[2]Australian Federal Police
From: Me <[3][FOI #8848 email]>
Sent: Monday, 2 May 2022 10:59 PM
To: FOI <[4][email address]>
Subject: Freedom of Information request - AFP Women's Network documents
fin years 2020-21, 2021-22; Diversity Strategy 2016-2026
Dear Australian Federal Police,
I would like to request documents relating to the AFP Women's Network
(whatever it might be called) for the financial year 2020-2021, and from 1
July 2021 until the date of this request.
I would like to request 3 categories of documents.
Governance
The first is governance documents. This would include governance documents
that applied to the Women's Network in the time period above, even if the
documents themselves are dated earlier, such as:
- terms of reference
- membership policy
- strategic documents setting out the goal / purpose of the network
- other policy documents concerned with the Women's Network
Only final versions that were in effect during the time above are
necessary.
Secretariat
The second category is secretariat documents. This would include:
- meeting agendas
- meeting minutes
- action items (if not included in the minutes)
- presentations and other documents (if not included in the minutes)
- a forward work plan
- a decision register.
Only final versions are necessary.
Finance
The third category is finance documents. For the time period above, I
would like the minimum number of documents required to know what the
Women's Network spent and what it was spent on. Alternatively, I would be
satisfied if the AFP created a document summarising this information and
provided that.
This would include catering IWD functions, funding for employees to attend
activities such as conferences (travel costs, conference costs, etc.),
money provided as a grant or subsidy in some way, and similar. Actual
expenditure only, not staff time etc.
Lastly, I would like to request a copy of the document titled something
like 'Diversity & Inclusion Strategy 2016-2026'. This document includes
goals or targets for % of women police and similar.
While I generally agree to non-SES details being redacted, I would expect
any Women's Network 'office holders' names to be included, even if they
are not SES.
Yours faithfully,
Me
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #8848 email]
Is [6][AFP request email] the wrong address for Freedom of Information requests
to Australian Federal Police? If so, please contact us using this form:
[7]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[8]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
3. mailto:[FOI #8848 email]
4. mailto:[email address]
5. mailto:[FOI #8848 email]
6. mailto:[AFP request email]
7. https://www.righttoknow.org.au/change_re...
8. https://www.righttoknow.org.au/help/offi...
Dear FOI,
Thanks for the update
I appreciate the deadline / workload issue. While I can wait for a late reply, what is the benefit of agreeing to an extension?
Tentatively I think it would be better if it went in the stats as late. The reply time is the same, but there will be better reporting of the underfunding of FOI?
Yours sincerely,
Me
OFFICIAL
Our reference: CRM2022/1176 (LEX757
Att: Me
Thank you for your correspondence.
We will take the below as a refusal to the s15AA agreement. Please be
aware that as your request in its current form is broad, and we may seek
an extension of time from the Office of Australian Commissioner under
s15AB before the current due date of 1 June 2022 if required.
Kind regards
AFP24818
TEAM MEMBER
CHIEF COUNSEL
[1]www.afp.gov.au
[2]Australian Federal Police
[3]cid:image002.gif@01D863A0.2A0EA670
-----Original Message-----
From: Me <[4][FOI #8848 email]>
Sent: Monday, 9 May 2022 10:16 AM
To: FOI <[5][email address]>
Subject: Re: FOI - CRM2022/1176 (LEX757) - Request for extension of time
[SEC=OFFICIAL]
Dear FOI,
Thanks for the update
I appreciate the deadline / workload issue. While I can wait for a late
reply, what is the benefit of agreeing to an extension?
Tentatively I think it would be better if it went in the stats as late.
The reply time is the same, but there will be better reporting of the
underfunding of FOI?
Yours sincerely,
Me
-----Original Message-----
OFFICIAL
Our reference: CRM2022/1176 (LEX757)
Att: ME (Right to Know)
YOUR FREEDOM OF INFORMATION REQUEST – CRM 2022/1176 (LEX757) – REQUEST FOR
EXTENSION OF TIME
We refer to your request dated 2 May 2022, seeking access to documents
under the Freedom of Information Act 1982 (the Act).
Upon consideration of your request, the AFP is of the view that your
request will take longer than 30 days to process. The delay is
regrettable, however, to ensure all relevant searches are undertaken
further enquiries with AFP business areas are required and therefore it
will not be possible to advise you of a decision by 1 June 2022.
Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period by 30 days to notify you of a decision to 1 July 2022.
I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time.
If you have any queries in relation to this matter, please do not hesitate
to contact this office.
Kind regards
AFP24818
TEAM MEMBER
CHIEF COUNSEL
[1][6]www.afp.gov.au
[2]Australian Federal Police
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
4. mailto:[FOI #8848 email]
5. mailto:[email address]
6. http://www.afp.gov.au/
OFFICIAL
Our reference: CRM2022/1176 (LEX757)
Att: Me
We refer to your request dated 2 May 2022, seeking access to documents under the Freedom of Information Act 1982 (the Act).
Due to delays in processing your request, we regrettably will be unable to release your decision by the current due date 1 June 2022.
We have applied for an extension of time of 30 days with the Information Commissioner (IC) under s15AB of the Act in order to maintain the decision within statutory timeframes. The IC may contact you to ascertain your views on this extension.
The new due date for this matter will be 1 July 2022.
We sincerely apologise for the ongoing delays in processing this matter.
Kind regards
AFP (24818)
TEAM MEMBER
CHIEF COUNSEL
AUSTRALIAN FEDERAL POLICE
Tel: +61(0) 2 51265789 Ext: 265789
www.afp.gov.au
-----Original Message-----
From: Me <[FOI #8848 email]>
Sent: Monday, 9 May 2022 10:16 AM
To: FOI <[email address]>
Subject: Re: FOI - CRM2022/1176 (LEX757) - Request for extension of time [SEC=OFFICIAL]
Dear FOI,
Thanks for the update
I appreciate the deadline / workload issue. While I can wait for a late reply, what is the benefit of agreeing to an extension?
Tentatively I think it would be better if it went in the stats as late. The reply time is the same, but there will be better reporting of the underfunding of FOI?
Yours sincerely,
Me
-----Original Message-----
OFFICIAL
Our reference: CRM2022/1176 (LEX757)
Att: ME (Right to Know)
YOUR FREEDOM OF INFORMATION REQUEST – CRM 2022/1176 (LEX757) – REQUEST FOR
EXTENSION OF TIME
We refer to your request dated 2 May 2022, seeking access to documents
under the Freedom of Information Act 1982 (the Act).
Upon consideration of your request, the AFP is of the view that your
request will take longer than 30 days to process. The delay is
regrettable, however, to ensure all relevant searches are undertaken
further enquiries with AFP business areas are required and therefore it
will not be possible to advise you of a decision by 1 June 2022.
Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period by 30 days to notify you of a decision to 1 July 2022.
I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time.
If you have any queries in relation to this matter, please do not hesitate
to contact this office.
Kind regards
AFP24818
TEAM MEMBER
CHIEF COUNSEL
[1]www.afp.gov.au
[2]Australian Federal Police
From: Me <[3][FOI #8848 email]>
Sent: Monday, 2 May 2022 10:59 PM
To: FOI <[4][email address]>
Subject: Freedom of Information request - AFP Women's Network documents
fin years 2020-21, 2021-22; Diversity Strategy 2016-2026
Dear Australian Federal Police,
I would like to request documents relating to the AFP Women's Network
(whatever it might be called) for the financial year 2020-2021, and from 1
July 2021 until the date of this request.
I would like to request 3 categories of documents.
Governance
The first is governance documents. This would include governance documents
that applied to the Women's Network in the time period above, even if the
documents themselves are dated earlier, such as:
- terms of reference
- membership policy
- strategic documents setting out the goal / purpose of the network
- other policy documents concerned with the Women's Network
Only final versions that were in effect during the time above are
necessary.
Secretariat
The second category is secretariat documents. This would include:
- meeting agendas
- meeting minutes
- action items (if not included in the minutes)
- presentations and other documents (if not included in the minutes)
- a forward work plan
- a decision register.
Only final versions are necessary.
Finance
The third category is finance documents. For the time period above, I
would like the minimum number of documents required to know what the
Women's Network spent and what it was spent on. Alternatively, I would be
satisfied if the AFP created a document summarising this information and
provided that.
This would include catering IWD functions, funding for employees to attend
activities such as conferences (travel costs, conference costs, etc.),
money provided as a grant or subsidy in some way, and similar. Actual
expenditure only, not staff time etc.
Lastly, I would like to request a copy of the document titled something
like 'Diversity & Inclusion Strategy 2016-2026'. This document includes
goals or targets for % of women police and similar.
While I generally agree to non-SES details being redacted, I would expect
any Women's Network 'office holders' names to be included, even if they
are not SES.
Yours faithfully,
Me
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #8848 email]
Is [6][AFP request email] the wrong address for Freedom of Information requests
to Australian Federal Police? If so, please contact us using this form:
[7]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[8]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8848 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************
Our reference: RQ22/01840
Agency reference: CRM2022/1176(LEX757)
Me Me
By email: [1][FOI #8848 email]
Notification to: [2][AFP request email]
Extension of time under s 15AB
Dear Applicant and FOI Contact Officer
Please see the attached decision regarding the AFP’s application for an
extension of time to process FOI request CRM2022/1176(LEX757).
Kind regards
Jasmin Clarke
[3][IMG] Intake and Early Resolution Team
Freedom of Information
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[4]oaic.gov.au
1300 363 992 | [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] | [9]Subscribe to OAICnet newsletter
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OFFICIAL
Our reference: CRM2022/1176 (LEX757)
Att: ME (Right to Know)
Please see attached decision in relation to your request of 2 May 2022.
Kind regards
AFP24818
TEAM MEMBER
CHIEF COUNSEL
[1]www.afp.gov.au
[2]Australian Federal Police
[3]cid:image002.gif@01D891FE.13CD9330
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
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Dear Australian Federal Police,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Federal Police's handling of my FOI request 'AFP Women's Network documents fin years 2020-21, 2021-22; Diversity Strategy 2016-2026' CRM2022-1176 LEX757.
Dear Matt,
Thank you for your decision. The documents are informative.
I would like to apply for internal review.
I have set out the specific exemptions to be reviewed in approximately priority order.
1. Folio 34 – ‘representation as at March 2022’ – s 47E(c).
a. [6.114] does not include data as data does not relate to the management or assessment of personnel. Data is one step too early. The AFP may inform itself with data when deciding to take or not take management or assessment action, but the data itself is not ‘the management’ or ‘the assessment’ of personnel.
b. In making exemption decisions, the decision-maker must consider sub-ss 11B(a)-(c) of the FOI Act. These prohibit the non-disclosure on the basis of embarrassment, misinterpreting, or confusion.
i. I suspect that embarrassment is the driving consideration for this exemption: if the AFP’s representation was good, it would not be concerned about its effect on future AFP recruitment. Impliedly then, the representation is not so good, and the AFP does not want to disclose this. This is not a basis for exemption.
ii. Nor would it be a basis that the information would lead to misinterpretation or confusion. This includes misinterpretation or confusion by current and future staff, even if that misinterpretation or confusion would lead those staff to make decisions the AFP would prefer they did not make.
c. Depending on what is being exempted, it may be published already anyway. See for example gender mix at https://jobs.afp.gov.au/work-with-us/cul....
d. Thus I seek the release of this exemption in full. In the decision, please expressly give reasons as to the impact of sub-ss 11B(4)(a)-(c) on this exemption.
2. Document 16 – ‘Gender Pay Gap Areas of Analysis.docx’ – s 47E(c).
a. As at [1(a)] above, data is one step too early for this exemption.
b. As at [1(b)] above, the primary consideration seems to be embarrassment, or the potential for misinterpretation and confusion. The exemption needs to be re-decided without taking these factors into account, consciously or unconsciously.
c. Thus I seek this exemption be re-decided. In the decision, please expressly give reasons as to the impact of sub-ss 11B(4)(a)-(c) on this exemption.
3. Document 11 – minutes – s 47E(c).
a. It seems inherently unlikely that every word of a set of minutes that are within scope of the request both meets the 47E(c) criteria and rebuts the presumption of disclosure. I would like this reviewed again with a view to redacting only material that meets 47E(c) and rebuts the presumption.
b. Please give reasons expressly considering the reasoning for this document.
4. Documents 12-15, 17-18 – emails – s 47E(c).
a. Similarly, it seems unlikely that all words in every email qualify for exemption.
b. Names can be redacted, as can information relating to methodology. The release of anonymous quotes, or summaries, or high-level data, will not dissuade staff from participating in future and therefore not impact the management and assessment of personnel in future.
c. Similarly, to the extent this exemption decision concerns the assessment and management of future personnel (that is, the ability to recruit and retain staff), I suggest that the factors in sub-ss11B(4)(a)-(c) played a role in the decision. The exemption needs to be re-decided without taking these factors into account, consciously or unconsciously.
d. Thus I seek this exemption be re-decided. In the decision, please expressly give reasons as to the impact of sub-ss 11B(4)(a)-(c) on this exemption.
5. Folios 3, 14, 16, 19, 26, 34 – names – s 47E(c).
a. Folio 3 exempts the Commissioner’s signature. This is already published. To the extent AFP exempts the signature by default, it should cease to do so.
b. The other folios seem to relate to SES and thus are not exempt. If any are acting SES, I consider that within scope of the decision.
6. Folio 12 – list of networks – s 22(1)(a)(ii).
a. This information is already public (https://jobs.afp.gov.au/work-with-us/cul...). The question of whether it is relevant to the request does not arise as published information cannot be exempted. Alternatively, it is a waste of resources to redact already published information.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Me
Dear Applicant and FOI Contact Officer,
Please see attached decision regarding the Australian Federal Police’s
application for an extension of time to process FOI request
CRM2022/1176(LEX757) .
Kind regards,
[1][IMG] Eoin McMahon | Review Adviser
Investigations and Compliance
Freedom of Information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9942 4028 |
[3][email address]
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OFFICIAL
Our reference: IR-LEX887
Attention: 'Me'
We acknowledge receipt of your request dated 8 July 2022 for internal review of the AFP’s decision dated 7 July 2022 pursuant to the Freedom of Information Act 1982.
The statutory time-frame in which to provide you with a decision on the internal review is within 30 days after the day your request for review is received, so a decision is due to be provided to you by 8 August 2022.
If you have any questions or wish to discuss the review, please feel free to contact us.
Kind regards
AFP 24818
TEAM MEMBER
CHIEF COUNSEL
www.afp.gov.au
-----Original Message-----
From: Me <[FOI #8848 email]>
Sent: Friday, 8 July 2022 11:37 AM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request - AFP Women's Network documents fin years 2020-21, 2021-22; Diversity Strategy 2016-2026
Dear Australian Federal Police,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Federal Police's handling of my FOI request 'AFP Women's Network documents fin years 2020-21, 2021-22; Diversity Strategy 2016-2026' CRM2022-1176 LEX757.
Dear Matt,
Thank you for your decision. The documents are informative.
I would like to apply for internal review.
I have set out the specific exemptions to be reviewed in approximately priority order.
1. Folio 34 – ‘representation as at March 2022’ – s 47E(c).
a. [6.114] does not include data as data does not relate to the management or assessment of personnel. Data is one step too early. The AFP may inform itself with data when deciding to take or not take management or assessment action, but the data itself is not ‘the management’ or ‘the assessment’ of personnel.
b. In making exemption decisions, the decision-maker must consider sub-ss 11B(a)-(c) of the FOI Act. These prohibit the non-disclosure on the basis of embarrassment, misinterpreting, or confusion.
i. I suspect that embarrassment is the driving consideration for this exemption: if the AFP’s representation was good, it would not be concerned about its effect on future AFP recruitment. Impliedly then, the representation is not so good, and the AFP does not want to disclose this. This is not a basis for exemption.
ii. Nor would it be a basis that the information would lead to misinterpretation or confusion. This includes misinterpretation or confusion by current and future staff, even if that misinterpretation or confusion would lead those staff to make decisions the AFP would prefer they did not make.
c. Depending on what is being exempted, it may be published already anyway. See for example gender mix at https://jobs.afp.gov.au/work-with-us/cul....
d. Thus I seek the release of this exemption in full. In the decision, please expressly give reasons as to the impact of sub-ss 11B(4)(a)-(c) on this exemption.
2. Document 16 – ‘Gender Pay Gap Areas of Analysis.docx’ – s 47E(c).
a. As at [1(a)] above, data is one step too early for this exemption.
b. As at [1(b)] above, the primary consideration seems to be embarrassment, or the potential for misinterpretation and confusion. The exemption needs to be re-decided without taking these factors into account, consciously or unconsciously.
c. Thus I seek this exemption be re-decided. In the decision, please expressly give reasons as to the impact of sub-ss 11B(4)(a)-(c) on this exemption.
3. Document 11 – minutes – s 47E(c).
a. It seems inherently unlikely that every word of a set of minutes that are within scope of the request both meets the 47E(c) criteria and rebuts the presumption of disclosure. I would like this reviewed again with a view to redacting only material that meets 47E(c) and rebuts the presumption.
b. Please give reasons expressly considering the reasoning for this document.
4. Documents 12-15, 17-18 – emails – s 47E(c).
a. Similarly, it seems unlikely that all words in every email qualify for exemption.
b. Names can be redacted, as can information relating to methodology. The release of anonymous quotes, or summaries, or high-level data, will not dissuade staff from participating in future and therefore not impact the management and assessment of personnel in future.
c. Similarly, to the extent this exemption decision concerns the assessment and management of future personnel (that is, the ability to recruit and retain staff), I suggest that the factors in sub-ss11B(4)(a)-(c) played a role in the decision. The exemption needs to be re-decided without taking these factors into account, consciously or unconsciously.
d. Thus I seek this exemption be re-decided. In the decision, please expressly give reasons as to the impact of sub-ss 11B(4)(a)-(c) on this exemption.
5. Folios 3, 14, 16, 19, 26, 34 – names – s 47E(c).
a. Folio 3 exempts the Commissioner’s signature. This is already published. To the extent AFP exempts the signature by default, it should cease to do so.
b. The other folios seem to relate to SES and thus are not exempt. If any are acting SES, I consider that within scope of the decision.
6. Folio 12 – list of networks – s 22(1)(a)(ii).
a. This information is already public (https://jobs.afp.gov.au/work-with-us/cul...). The question of whether it is relevant to the request does not arise as published information cannot be exempted. Alternatively, it is a waste of resources to redact already published information.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Me
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8848 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************
OFFICIAL
Our reference: IR LEX 887
Attention ‘Me’
Please see attached decision in relation to your request for internal
review.
Kind regards
AFP 24818
TEAM MEMBER
CHIEF COUNSEL PORTFOLIO
[1]www.afp.gov.au
[2]Australian Federal Police
[3]cid:image002.gif@01D8ABFA.C0720060
-----Original Message-----
From: Me <[4][FOI #8848 email]>
Sent: Friday, 8 July 2022 11:37 AM
To: FOI <[5][email address]>
Subject: Internal review of Freedom of Information request - AFP Women's
Network documents fin years 2020-21, 2021-22; Diversity Strategy 2016-2026
Dear Australian Federal Police,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Australian Federal Police's
handling of my FOI request 'AFP Women's Network documents fin years
2020-21, 2021-22; Diversity Strategy 2016-2026' CRM2022-1176 LEX757.
Dear Matt,
Thank you for your decision. The documents are informative.
I would like to apply for internal review.
I have set out the specific exemptions to be reviewed in approximately
priority order.
1. Folio 34 – ‘representation as at March 2022’ – s 47E(c).
a. [6.114] does not include data as data does not relate to the
management or assessment of personnel. Data is one step too early. The AFP
may inform itself with data when deciding to take or not take management
or assessment action, but the data itself is not ‘the management’ or ‘the
assessment’ of personnel.
b. In making exemption decisions, the decision-maker must
consider sub-ss 11B(a)-(c) of the FOI Act. These prohibit the
non-disclosure on the basis of embarrassment, misinterpreting, or
confusion.
i. I suspect that embarrassment is the driving consideration
for this exemption: if the AFP’s representation was good, it would not be
concerned about its effect on future AFP recruitment. Impliedly then, the
representation is not so good, and the AFP does not want to disclose this.
This is not a basis for exemption.
ii. Nor would it be a basis that the information would lead to
misinterpretation or confusion. This includes misinterpretation or
confusion by current and future staff, even if that misinterpretation or
confusion would lead those staff to make decisions the AFP would prefer
they did not make.
c. Depending on what is being exempted, it may be published
already anyway. See for example gender mix at
[6]https://jobs.afp.gov.au/work-with-us/cul....
d. Thus I seek the release of this exemption in full. In the
decision, please expressly give reasons as to the impact of sub-ss
11B(4)(a)-(c) on this exemption.
2. Document 16 – ‘Gender Pay Gap Areas of Analysis.docx’ – s
47E(c).
a. As at [1(a)] above, data is one step too early for this
exemption.
b. As at [1(b)] above, the primary consideration seems to be
embarrassment, or the potential for misinterpretation and confusion. The
exemption needs to be re-decided without taking these factors into
account, consciously or unconsciously.
c. Thus I seek this exemption be re-decided. In the decision,
please expressly give reasons as to the impact of sub-ss 11B(4)(a)-(c) on
this exemption.
3. Document 11 – minutes – s 47E(c).
a. It seems inherently unlikely that every word of a set of
minutes that are within scope of the request both meets the 47E(c)
criteria and rebuts the presumption of disclosure. I would like this
reviewed again with a view to redacting only material that meets 47E(c)
and rebuts the presumption.
b. Please give reasons expressly considering the reasoning for
this document.
4. Documents 12-15, 17-18 – emails – s 47E(c).
a. Similarly, it seems unlikely that all words in every email
qualify for exemption.
b. Names can be redacted, as can information relating to
methodology. The release of anonymous quotes, or summaries, or high-level
data, will not dissuade staff from participating in future and therefore
not impact the management and assessment of personnel in future.
c. Similarly, to the extent this exemption decision concerns
the assessment and management of future personnel (that is, the ability to
recruit and retain staff), I suggest that the factors in
sub-ss11B(4)(a)-(c) played a role in the decision. The exemption needs to
be re-decided without taking these factors into account, consciously or
unconsciously.
d. Thus I seek this exemption be re-decided. In the decision,
please expressly give reasons as to the impact of sub-ss 11B(4)(a)-(c) on
this exemption.
5. Folios 3, 14, 16, 19, 26, 34 – names – s 47E(c).
a. Folio 3 exempts the Commissioner’s signature. This is
already published. To the extent AFP exempts the signature by default, it
should cease to do so.
b. The other folios seem to relate to SES and thus are not
exempt. If any are acting SES, I consider that within scope of the
decision.
6. Folio 12 – list of networks – s 22(1)(a)(ii).
a. This information is already public
([7]https://jobs.afp.gov.au/work-with-us/cul...). The
question of whether it is relevant to the request does not arise as
published information cannot be exempted. Alternatively, it is a waste of
resources to redact already published information.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[8]https://www.righttoknow.org.au/request/a...
Yours faithfully,
Me
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[9][FOI #8848 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[10]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
4. mailto:[FOI #8848 email]
5. mailto:[email address]
6. https://jobs.afp.gov.au/work-with-us/cul...
7. https://jobs.afp.gov.au/work-with-us/cul...
8. https://www.righttoknow.org.au/request/a...
9. mailto:[FOI #8848 email]
10. https://www.righttoknow.org.au/help/offi...
FOI would like to recall the message, "IR LEX 887 - Notification of decision [SEC=OFFICIAL]".
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
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**********************************************************************
Dear FOI,
Apologies I am unable to accept or action the rescission via RTK
I look forward to the updated / corrected / otherwise amended copy
Yours sincerely,
Me
Dear FOI,
Having reviewed / compared the 2 decisions, the decision letter for the internal review does not seem to contain reasons for decision?
Assuming that is related to the rescission then the updated internal review decision will presumably include the reasons
If not, could I please request reasons for decision be included / provided (without needing to submit a review of a review or going to OAIC, seems unnecessary)
Yours sincerely,
Me
OFFICIAL
OFFICIAL
Dear 'Me'
Thank you for your email.
As noted in the internal review decision (attached), the decision maker has released some new material as reflected in the document bundle and otherwise affirmed the original decision for the reasons set out in that decision. As such, you should refer to the original decision for the statement of reasons.
The AFP has finalised this matter and we have no further internal mechanisms to review this decision.
Should you wish to apply for external review with the Office of the Australian Information Commissioner, applications can lodged by email ([email address]), 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
Kind regards
AFP 24818
CHIEF COUNSEL PORTFOLIO
www.afp.gov.au
-----Original Message-----
From: Me <[FOI #8848 email]>
Sent: Wednesday, 10 August 2022 11:57 AM
To: FOI <[email address]>
Subject: Re: Recall: IR LEX 887 - Notification of decision [SEC=OFFICIAL]
Dear FOI,
Having reviewed / compared the 2 decisions, the decision letter for the internal review does not seem to contain reasons for decision?
Assuming that is related to the rescission then the updated internal review decision will presumably include the reasons
If not, could I please request reasons for decision be included / provided (without needing to submit a review of a review or going to OAIC, seems unnecessary)
Yours sincerely,
Me
-----Original Message-----
FOI would like to recall the message, "IR LEX 887 - Notification of decision [SEC=OFFICIAL]".
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8848 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************