UNCLASSIFIED

 

Dear Mr ADAS,

 

FREEDOM OF INFORMATION REQUEST –

 

I refer to your request dated 30 September 2015 for documents held by the
Australian Federal Police (AFP) pursuant to the Freedom of Information Act
1982 (the Act).    Under the Act you requested:

 

“A sound audio of the accused Khaled Sharrouf proclaiming his hatred
towards the Australian Law

Any documentation or reports of his chronic Schizophrenia diagnoses from
the previous usage of LSD and ecstasy;

Photographs of the 6 clocks and 140 batteries stolen from the Big W store

Any other documentations relevant to this case.”

 

 

The AFP has conducted preliminary enquiries with the line area responsible
for this matter and identified over 40,000 documents which relate to your
request. As such, this request in its current form would substantially and
unreasonably divert the resources of the AFP from its other operation. It
is estimated that it would take over five (5) months to process your
request.

 

Are you able to revise your scope in anyway?

 

I have attached the sections relevant to practical reasons to refuse
request for you below.

 

 

 

 

FREEDOM OF INFORMATION ACT 1982 EXTRACT

24AA  When does a practical refusal reason exist?

         (1)  For the purposes of section 24, a practical refusal reason
exists in relation to a request for a document if either (or both) of the
following applies:

                (a)  the work involved in processing the request:

                       (i)  in the case of an agency—would substantially
and unreasonably divert the resources of the agency from its other
operations; or

                      (ii)  in the case of a Minister—would substantially
and unreasonably interfere with the performance of the Minister’s
functions;

                (b)  the request does not satisfy the requirement in
paragraph 15(2)(b) (identification of documents).

         (2)  Subject to subsection (3), but without limiting the matters
to which the agency or Minister may have regard, in deciding whether a
practical refusal reason exists, the agency or Minister must have regard
to the resources that would have to be used for the following:

                (a)  identifying, locating or collating the documents
within the filing system of the agency, or the office of the Minister;

                (b)  deciding whether to grant, refuse or defer access to
a document to which the request relates, or to grant access to an edited
copy of such a document, including resources that would have to be used
for:

                       (i)  examining the document; or

                      (ii)  consulting with any person or body in relation
to the request;

                (c)  making a copy, or an edited copy, of the document;

                (d)  notifying any interim or final decision on the
request.

         (3)  In deciding whether a practical refusal reason exists, an
agency or Minister must not have regard to:

                (a)  any reasons that the applicant gives for requesting
access; or

                (b)  the agency’s or Minister’s belief as to what the
applicant’s reasons are for requesting access; or

                (c)  any maximum amount, specified in the regulations,
payable as a charge for processing a request of that kind.

24AB  What is a request consultation process?

Scope

         (1)  This section sets out what is a request consultation process
for the purposes of section 24.

Requirement to notify

         (2)  The agency or Minister must give the applicant a written
notice stating the following:

                (a)  an intention to refuse access to a document in
accordance with a request;

                (b)  the practical refusal reason;

                (c)  the name of an officer of the agency or member of
staff of the Minister (the contact person) with whom the applicant may
consult during a period;

                (d)  details of how the applicant may contact the contact
person;

                (e)  that the period (the consultation period) during
which the applicant may consult with the contact person is 14 days after
the day the applicant is given the notice.

Assistance to revise request

         (3)  If the applicant contacts the contact person during the
consultation period in accordance with the notice, the agency or Minister
must take reasonable steps to assist the applicant to revise the request
so that the practical refusal reason no longer exists.

         (4)  For the purposes of subsection (3), reasonable steps
includes the following:

                (a)  giving the applicant a reasonable opportunity to
consult with the contact person;

                (b)  providing the applicant with any information that
would assist the applicant to revise the request.

Extension of consultation period

         (5)  The contact person may, with the applicant’s agreement,
extend the consultation period by written notice to the applicant.

Outcome of request consultation process

         (6)  The applicant must, before the end of the consultation
period, do one of the following, by written notice to the agency or
Minister:

                (a)  withdraw the request;

                (b)  make a revised request;

                (c)  indicate that the applicant does not wish to revise
the request.

         (7)  The request is taken to have been withdrawn under
subsection (6) at the end of the consultation period if:

                (a)  the applicant does not consult the contact person
during the consultation period in accordance with the notice; or

                (b)  the applicant does not do one of the things mentioned
in subsection (6) before the end of the consultation period.

Consultation period to be disregarded in calculating processing period

         (8)  The period starting on the day an applicant is given a
notice under subsection (2) and ending on the day the applicant does one
of the things mentioned in paragraph (6)(b) or (c) is to be disregarded in
working out the 30 day period mentioned in paragraph 15(5)(b).

Note:     Paragraph 15(5)(b) requires that an agency or Minister take all
reasonable steps to notify an applicant of a decision on the applicant’s
request within 30 days after the request is made.

No more than one request consultation process required

         (9)  To avoid doubt, this section only obliges the agency or
Minister to undertake a request consultation process once for any
particular request.

 

 

Yours sincerely,

 

ON BEHALF OF COORDINATOR
FREEDOM OF INFORMATION
LEGAL
[1]cid:image001.gif@01D0FC2B.6A15EF00
Tel +61(0) 2 61316131

[2]www.afp.gov.au

 

UNCLASSIFIED

show quoted sections

References

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

UNCLASSIFIED

 

Dear Mr Adas,

 

Please find attached letter relating to your recent FOI request
CRM2016/168.

 

Kind regards,

 

On Behalf of COORDINATOR
FREEDOM OF INFORMATION
LEGAL

Tel +61(0) 2 61316131

[1]www.afp.gov.au

UNCLASSIFIED

show quoted sections

References

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

UNCLASSIFIED

 

Dear Mr ADAS,

 

Please find attached decision letter regarding your recent FOI request,

 

Your sincerely,

 

COORDINATOR
FREEDOM OF INFORMATION
LEGAL
[1]cid:image001.gif@01D10CE6.2F754140
Tel +61(0) 2 6131 6131

[2]www.afp.gov.au

 

UNCLASSIFIED

show quoted sections

References

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