Disclosure to AFP pursuant s316 of the Crimes Act 1900 (NSW)
Phillip Sweeney made this Freedom of Information request to Australian Federal Police
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Australian Federal Police,
The common law offence of Misprision of Felon has been abolished in the State of New South Wales (NSW) and has been replaced with Section 316 of the Crimes Act 1990 (NSW).
Subsection 316(1) provides:
316 Concealing serious indictable offence
(1) If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.
The Chairman of ASIC, Mr Greg Medcraft, is domicile in NSW and has become privy to a serious indictable offence committed by a major financial institution. This financial institution has its registered office in NSW and some of the victims are domicile in NSW.
The serious indictable offence is related to the administration and regulatory supervision of a regulated superannuation fund which was established in 1913.
The document or documents I seek are copies of any disclosure document where the Chairman of ASIC, or any other ASIC officer, has brought information concerning any serious indictable offence involving a major financial institution with a registered office in NSW to the attention of a member of the Australian Federal Police.
The search period is 1 July 2016 to the present.
The name of the financial institution and the names of any alleged offenders may be redacted in the FOI response.
Yours faithfully,
Phillip Sweeney
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If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.
If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.
Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...
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The FOI Team can be contacted on 02 6131 6131
UNCLASSIFIED
Dear Mr Sweeney
I refer to your application dated 16 April 2017 in which you seek access
to documents under the Freedom of Information Act 1982 (the Act) as
follows:
The document or documents I seek are copies of any disclosure document
where the Chairman of ASIC, or any other ASIC officer, has brought
information concerning any serious indictable offence involving a major
financial institution with a registered office in NSW to the attention of
a member of the Australian Federal Police.
Information considered 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:
- Names of AFP members, other than the Senior Executive.
- Direct telephone numbers, signatures and mobile telephone
numbers of AFP members.
- 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.
- 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.
If you object to the AFP excluding any of the above information, please
advise this office within seven days of receipt of this letter.
Your request was received by this agency on 16 April 2017 and the 30 day
statutory period for processing your request commenced from that date.
You will be notified of any charges in accordance with the Freedom of
Information (Fees and Charges) Regulations, should they apply, in relation
to your request as soon as practicable.
Disclosure Log
Please be advised that in accordance with section 11C of the Act, an
agency is required to publish information on their website following the
notification of a decision in respect of a freedom of information
request.
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. Details of the decision may be published in a Disclosure Log which
can be found at
https://www.afp.gov.au/about-us/informat....
Publication will be made in accordance with timeframes stipulated in
section 11C of the Act.
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 this office in writing before 16
May 2017. If you do not raise any concerns prior to the date of the
decision, the AFP will publish the information as notified to you in the
decision.
Yours sincerely
ON BEHALF OF COORDINATOR
FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
[1]www.afp.gov.au
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
UNCLASSIFIED
Dear Mr Sweeny,
Your Freedom of Information Request
I refer to your application dated 16 April 2017 in which you seek 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, due to a requirement to undertake further enquiries
with the line areas to ensure all relevant documents are located it will
not be possible to advise you of a decision by 16 May 2017.
Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to 15 June 2017.
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.
Yours sincerely,
ELISE (12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
[1]www.afp.gov.au
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
Dear FOI,
I agree to your request to extend the notification period to 15 June 2017
Yours sincerely,
Phillip Sweeney
Thank you for your email.
Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.
This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.
If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.
If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.
Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...
The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.
The FOI Team can be contacted on 02 6131 6131
UNCLASSIFIED
Dear Mr Sweeney,
Please see attached correspondence from this office regarding FOI request
CRM2017/482.
Kind regards
ELISE (12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
[1]www.afp.gov.au
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
Dear FOI,
Narrowing the scope of the request.
You have requested that I assist the AFP by narrowing the scope of my FOI request.
The alleged offender is the corporate Trustee NULIS Nominees (Australia) Ltd which has its registered office in North Sydney.
The search period is from 1 July 2016 to the present.
Yours sincerely,
Phillip Sweeney
Thank you for your email.
Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.
This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.
If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.
If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.
Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...
The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.
The FOI Team can be contacted on 02 6131 6131
UNCLASSIFIED
Dear Mr Sweeny,
Thank you for your suggested revised scope.
The FOI team are currently reviewing this scope against current holdings to confirm it removes the grounds for refusal.
The FOI team will advise you of the outcome on completion of this process.
Kind regards
ELISE (12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
AUSTRALIAN FEDERAL POLICE
Tel +61(0) 2 61316131
www.afp.gov.au
UNCLASSIFIED
UNCLASSIFIED
Dear Mr Sweeny,
The AFP Freedom of information team can confirm the revised scope for FOI
request CRM2017/482 to be as follows:
“Any referral or disclosure documents to the AFP from ASIC relating to the
corporate Trustee NULIS Nominees (Australia) Ltd which has its registered
office in North Sydney.”
Kind regards
ELISE (12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
[1]www.afp.gov.au
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
UNCLASSIFIED
Dear Mr Sweeny,
Please note the confirmed revised scope including time period for FOI
request CRM2017/482 to be as follows:
“Any referral or disclosure documents to the AFP from ASIC relating to the
corporate Trustee NULIS Nominees (Australia) Ltd which has its registered
office in North Sydney. The search period is from 1 July 2016 to the
present.”
Kind regards
ELISE (12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
[1]www.afp.gov.au
[2]cid:image001.gif@01D2CE2E.0DE318D0
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
UNCLASSIFIED
Dear Mr Sweeney,
Please see the attached correspondence from this office regarding FOI
Request CRM2017/482.
kind regards
ELISE (12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
[1]www.afp.gov.au
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
UNCLASSIFIED
Dear Mr Sweeney,
Please see the attached correspondence from this office regarding FOI
Request CRM2017/482.
kind regards
ELISE (12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 61316131
[1]www.afp.gov.au
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/