OFFICIAL
Dear Mr Smith

YOUR FREEDOM OF INFORMATION REQUEST

I refer to your request dated 1 May 2024, seeking access to documents under the Freedom of Information Act 1982 (the Act) as follows:

I request documents relating to interagency information management and sharing frameworks, policies, procedures, rules, guidelines, or processes insofar as they relate to investigations into allegations of war crimes by Australian Defence Force personnel in Afghanistan.

Timeframe

Your request was received by the AFP on 1 May 2024, and the 30 day statutory period for processing your request commenced from that date. The due date for your request is 31 May 2024.

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 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 31 May 2024.

Yours sincerely

JORDYN (AFP 27543)
PARALEGAL
CHIEF COUNSEL

The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
throughout Australia, and their continuing connection to land, sea and community. We pay
our respects to First Nations people, culture and Elders past, present and emerging.

show quoted sections

OFFICIAL
Dear Mr Smith

We note that a decision is currently due to you on 31 May 2024 regarding LEX 2675. Unfortunately, we are still undertaking searches for the requested documents at this time, and do not anticipate to be able to meet the initial deadline.

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 on 1 July 2024.

We would be grateful if you could please advise this office in writing of your agreement to the proposed extension of time by COB 31 May 2024.

If you have any queries in relation to this matter, please do not hesitate to contact our team at [AFP request email].

Yours sincerely

JORDYN (AFP 27543)
PARALEGAL
CHIEF COUNSEL

The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
throughout Australia, and their continuing connection to land, sea and community. We pay
our respects to First Nations people, culture and Elders past, present and emerging.

show quoted sections

OFFICIAL
Dear Mr Smith,

Thank you for your below email and agreement to the extension of time.

Your request, in the current form, is too broad and will make it difficult for the AFP to conduct searches. The AFP holds information on a large range of systems and databases. Generally, these include hard copy files and documents, emails and other electronic files (including shared network drives and databases).

We have conducted preliminary searches, and on that basis, we suggest you may wish to revise the scope of your request to the following (as an example):

"Final versions of the frameworks, policies, procedures, rules, guidelines and processes the AFP currently use that relate to interagency information management and sharing and the allegations of war crimes by Australian Defence Force personnel in Afghanistan."

If upon receipt of such material you wish to seek further documents or material, it is open to you to make a further request.

We would be grateful if you could please advise of your agreement to the proposed revised scope as soon as possible, to assist the FOI Team in processing your request.

Yours sincerely,

JORDYN (AFP 27543)
PARALEGAL
CHIEF COUNSEL

The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
throughout Australia, and their continuing connection to land, sea and community. We pay
our respects to First Nations people, culture and Elders past, present and emerging.

show quoted sections

OFFICIAL
Good afternoon Mr Smith,

I refer to my below email regarding your request for information under the Freedom of Information Act 1982.

We would be grateful if you could please provide a response as soon as possible, to enable the FOI Team to continue processing your request.

Kind Regards,

JORDYN (AFP 27543)
PARALEGAL
CHIEF COUNSEL

The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
throughout Australia, and their continuing connection to land, sea and community. We pay
our respects to First Nations people, culture and Elders past, present and emerging.

show quoted sections

OFFICIAL
Good afternoon Mr Smith,

Thank you for your below email, and I sincerely apologise for the delay in providing you with a decision.

The FOI Team are processing your request as a matter of priority and will endeavour to provide you with a decision as soon as possible.

We note that we are currently assessing documents obtained as relevant to your request.

Please do not hesitate to contact this office at [AFP request email] if you have any queries.

Yours sincerely,

JORDYN (AFP 27543)
PARALEGAL, FREEDOM OF INFORMATION | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL – CORPORATE | CHIEF COUNSEL PORTFOLIO

show quoted sections

OFFICIAL

Dear Mr Smith,

I refer to your freedom of information request currently being finalised
by the AFP in the following terms:

Final versions of the frameworks, policies, procedures, rules, guidelines
and processes the AFP currently use that relate to interagency information
management and sharing and the allegations of war crimes by Australian
Defence Force personnel in Afghanistan.

A decision is currently being prepared with documents proposing to be
released to you on Monday, 2 December 2024. I apologise for the delay.
However, in the process of finalising your request, additional documents
were located, which requires us to consult with 2 commonwealth agencies.

Under Part 3.203 of the OAIC FOI Guidelines, where an agency and applicant
are in agreement, the agency can release documents in a staged process. I
am seeking your agreement for documents relevant to your request, to be
released in a staged process as follows:

o Decision and 3 documents to be provided to you by Monday, 2 December
2024; and
o 4 documents to be provided to you by Wednesday, 18 December 2024.

It would be greatly appreciated if you could please advise whether you
agree to the release of documents in a staged process as soon as possible.
I apologise for the short timeframe in seeking your agreement, and for the
error that occurred in not identifying the additional document earlier.

Kind Regards,

JORDYN (AFP 27543)
PARALEGAL, FREEDOM OF INFORMATION | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL – CORPORATE | CHIEF COUNSEL PORTFOLIO
[1]Australian Federal Police

show quoted sections

References

Visible links
1. http://www.afp.gov.au/

OFFICIAL

Good afternoon Mr Smith,

I refer to our below email regarding your freedom of information request,
LEX 2675.

The FOI Team would be grateful if you could please advise of your
agreement for a staged release of documents as soon as possible. I
apologise for the inconvenience.

If you have any questions or would like to discuss, please do not hesitate
to contact this office at [1][AFP request email].

Kind Regards,

JORDYN (AFP 27543)
PARALEGAL, FREEDOM OF INFORMATION | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL – CORPORATE | CHIEF COUNSEL PORTFOLIO
[2]Australian Federal Police

From: FOI <[email address]>
Sent: Thursday, 28 November 2024 1:53 PM
To: 'James Smith' <[FOI #11378 email]>
Cc: FOI <[email address]>
Subject: Freedom of Information - Request for Agreement for Staged Release
- LEX 2675 [SEC=OFFICIAL] [AFP-L.16.2675]

OFFICIAL

Dear Mr Smith,

I refer to your freedom of information request currently being finalised
by the AFP in the following terms:

Final versions of the frameworks, policies, procedures, rules, guidelines
and processes the AFP currently use that relate to interagency information
management and sharing and the allegations of war crimes by Australian
Defence Force personnel in Afghanistan.

A decision is currently being prepared with documents proposing to be
released to you on Monday, 2 December 2024. I apologise for the delay.
However, in the process of finalising your request, additional documents
were located, which requires us to consult with 2 commonwealth agencies.

Under Part 3.203 of the OAIC FOI Guidelines, where an agency and applicant
are in agreement, the agency can release documents in a staged process. I
am seeking your agreement for documents relevant to your request, to be
released in a staged process as follows:

o Decision and 3 documents to be provided to you by Monday, 2 December
2024; and
o 4 documents to be provided to you by Wednesday, 18 December 2024.

It would be greatly appreciated if you could please advise whether you
agree to the release of documents in a staged process as soon as possible.
I apologise for the short timeframe in seeking your agreement, and for the
error that occurred in not identifying the additional document earlier.

Kind Regards,

JORDYN (AFP 27543)
PARALEGAL, FREEDOM OF INFORMATION | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL – CORPORATE | CHIEF COUNSEL PORTFOLIO
[3]Australian Federal Police

show quoted sections

References

Visible links
1. mailto:[AFP request email]
2. http://www.afp.gov.au/
3. http://www.afp.gov.au/