Disclosure of Australian criminal records (including spent convictions) to US authorities
Dear Australian Federal Police,
Thank you for you time in considering this request, I have five questions:
1) Do any US authorities have automated or electronic access to Australian criminal record databases?
2) Does the AFP routinely disclose Australian citizens' criminal histories to US authorities if requested by those authorities?
3) If the response to question 2 is in the affirmative, then under what circumstances are Australian criminal histories disclosed to US authorities?
4) If the responses to any of the above questions are in the affirmative, are spent convictions included under any of those circumstances?
I am requesting any internal memoranda, internal or external correspondence or policy documents that relate to the above questions.
Yours faithfully,
John Doe
OFFICIAL
Dear Mr Doe
I refer to your of 10 October 2021 to the Australian Federal Police (AFP)
seeking access to the following documents:
1) Do any US authorities have automated or electronic access to Australian
criminal record databases?
2) Does the AFP routinely disclose Australian citizens' criminal histories
to US authorities if requested by those authorities?
3) If the response to question 2 is in the affirmative, then under what
circumstances are Australian criminal histories disclosed to US
authorities?
4) If the responses to any of the above questions are in the affirmative,
are spent convictions included under any of those circumstances?
I am writing to advise you that your request in its current format, does
not meet the requirements of the Freedom of Information Act 1982 (Cth)
(FOI Act).
Section 15 of the FOI Act requires that a request for access meets certain
requirements. A Freedom of Information (FOI) request must:
• state that the request is an application for purposes of the FOI Act;
• provide sufficient information about the document(s) to allow us to
process the request; and
• provide an address for reply.
The FOI Act provides a mechanism for individuals to access ‘documents’
held by entities such as the department. It does not provide a mechanism
for making enquiries or asking questions about issues.
We would greatly appreciate if you could provide us with more information
on the specific document/s that you require.
Further information about how to apply for your FOI is available on our
website: [1]https://www.afp.gov.au/about-us/freedom-...
In light of the above, the AFP will not progress your request unless we
hear further from you.
Kind regards
FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
-----Original Message-----
From: John Doe <[FOI #7950 email]>
Sent: Sunday, 10 October 2021 4:28 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Disclosure of Australian
criminal records (including spent convictions) to US authorities
Dear Australian Federal Police,
Thank you for you time in considering this request, I have five questions:
1) Do any US authorities have automated or electronic access to Australian
criminal record databases?
2) Does the AFP routinely disclose Australian citizens' criminal histories
to US authorities if requested by those authorities?
3) If the response to question 2 is in the affirmative, then under what
circumstances are Australian criminal histories disclosed to US
authorities?
4) If the responses to any of the above questions are in the affirmative,
are spent convictions included under any of those circumstances?
I am requesting any internal memoranda, internal or external
correspondence or policy documents that relate to the above questions.
Yours faithfully,
John Doe
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