UNCLASSIFIED

Our Reference: 13/325

 

Dear Estela Ferreira

 

Your Freedom of Information Request

 

Receipt

 

I refer to your e-mail of 2 October 2013 seeking access under the Freedom
of Information Act 1982 (the FOI Act) to "a copy of Police report number
E51803206".

 

This is a notice of receipt of request.

 

ACLEI will send relevant notices in relation to your request to the
contact addresses you have provided, including via your e-mail address. 
If you wish to contact ACLEI in relation to your FOI request, you may do
so:

 

Via post:              FOI Coordinator

Australian Commission for Law Enforcement Integrity

GPO Box 605

Canberra  ACT  2601

 

Via e-mail:           [1][ACLEI request email]

 

ACLEI is required to provide a notice of decision in relation to valid FOI
requests within 30 days of receipt of an application.

 

My Decision

 

I am an authorised decision-maker under section 23 of the FOI Act.  This
e-mail sets out my decision on your request for access. 

 

Having overseen a search of ACLEI records, I have located 0 documents
relevant to your request.  If the document – the police report – exists, I
have determined that it has never been in the possession of ACLEI. 

 

Given the statement in your e-mail that you lodged the police report at
Miranda, you may wish to direct any further enquiries to NSW Police.

 

Accordingly, your request is refused under subsection 24A(1) of the FOI
Act.

 

Review Rights

 

You are entitled to seek review of this decision. 

 

Internal Review

 

Firstly, under section 54 of the FOI Act, you may apply for an internal
review of the decision. Your application must be made by whichever date is
the later between:

–             30 days of you receiving this notice; or

–             15 days of you receiving the documents to which you have
been granted access.

 

An internal review will be conducted by a different officer from the
original decision-maker.  No particular form is required to apply for
review although it will assist your case to set out in the application the
grounds on which you believe that the original decision should be
overturned.  An application for a review of the decision should be
addressed to:

 

FOI Coordinator

Australian Commission for Law Enforcement Integrity

GPO Box 305

CANBERRA CITY  ACT  2601

[2][ACLEI request email]

 

If you choose to seek an internal review, you will subsequently have a
right to apply to the Australian Information Commissioner for a review of
the internal review decision.

 

External review by the Australian Information Commissioner

 

Alternatively, under 54L of the FOI Act, you may seek review of this
decision by the Australian Information Commissioner without first going to
internal review.  Your application must be made within 60 days of you
receiving this notice.

 

The Information Commissioner is an independent office holder who may
review decisions of agencies and Ministers under the FOI Act.  More
information is available on the Information Commissioner's website
[3]www.oaic.gov.au .

 

You can contact the Information Commissioner to request a review of a
decision online or by writing to the Information Commissioner at:

GPO Box 2999

Canberra ACT 2601

 

Complaints to Ombudsman or Information Commissioner

 

You may complain to either the Commonwealth Ombudsman or the Information
Commissioner about action taken by ACLEI in relation to the application. 
The Ombudsman will consult with the Information Commissioner before
investigating a complaint about the handling of an FOI request.

 

Your enquiries to the Ombudsman can be directed to:

                Phone 1300 362 072 (local call charge)

                Email  [4][email address]

 

Your enquiries to the Information Commissioner can be directed to:

                Phone 1300 363 992 (local call charge)

                Email  [5][email address]

 

There is no particular form required to make a complaint to the Ombudsman
or the Information Commissioner.  The request should be in writing and
should set out the grounds on which it is considered that the action taken
in relation to the request should be investigated and identify ACLEI as
the relevant agency. 

 

Relevant Provisions

 

The provisions of the FOI Act may be accessed on-line at
[6]http://www.comlaw.gov.au/Details/C2013C0... .

 

Contacts

 

If you require clarification of any of the matters discussed in this
letter you should contact me on 02 6141 2300.

 

 

Yours faithfully

 

Sarah Baker-Goldsmith

ACLEI FOI Coordinator

 

 

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