Operation Bourglinster reviews
Dear Australian Federal Police,
On Monday, 5 February 2024, DC Ian McCartney was questioned by Senator Shoebridge in the the Parliamentary Joint Committee on Law Enforcement in relation to Operation Bourglinster, an AFP counterterrorism investigation into an autistic juvenile with an alleged fixation on Islamic State.
In response, DC McCartney said "there were a range of reviews happening in terms of this matter."
I wish to request, pursuant to the Freedom of Information Act 1982, a copy of any:
1. Document that concisely summarises the reviews that DC McCartney said were underway, or which have already been completed in relation to this matter;
2. Minute, brief, or similar document requesting or setting the scope or terms of reference for any such review;
3. Draft, interim or final report that has resulted from any such review;
4. Governance instrument[1] that has been updated a result of any such review.
Moreover, I suggest that the release of these documents is in the general public interest, and on that basis no fee to release these documents should be charged. The release of these documents will assist the AFP in continuing to enjoy a high level of confidence and support from the community, at a time when a Court has strongly denounced the AFP and JCTT's conduct.[2]
Yours faithfully,
Mathew M.
[1] "Governance instrument" as defined by the AFP Commissioner's Order on Governance (CO1)
[2] CDPP v Carrick (a pseudonym) [2023] VChC 2 at [82]
OFFICIAL
Dear Sir
I refer to your request dated 5 February 2024, seeking access to documents
under the Freedom of Information Act 1982 (the Act) as follows:
On Monday, 5 February 2024, DC Ian McCartney was questioned by Senator
Shoebridge in the Parliamentary Joint Committee on Law Enforcement in
relation to Operation Bourglinster, an AFP counterterrorism investigation
into an autistic juvenile with an alleged fixation on Islamic State.
In response, DC McCartney said "there were a range of reviews happening in
terms of this matter."
I wish to request, pursuant to the Freedom of Information Act 1982, a copy
of any:
1. Document that concisely summarises the reviews that DC McCartney said
were underway, or which have already been completed in relation to this
matter;
2. Minute, brief, or similar document requesting or setting the scope or
terms of reference for any such review;
3. Draft, interim or final report that has resulted from any such review;
4. Governance instrument[1] that has been updated a result of any such
review.
Timeframe
Your request was received by the AFP on 6 February 2024, and the 30 day
statutory period for processing your request commenced from that date. The
due date for your request is 6 March 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.
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:
[1]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 6
March 2024.
Regards
AFP 23141
FOI Senior Team Member – Corporate
Freedom of Information
AFP Legal
Chief Counsel
[2]Australian Federal Police
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.
References
Visible links
1. https://www.afp.gov.au/about-us/informat...
2. http://www.afp.gov.au/
OFFICIAL
Dear Sir,
I refer to your request dated 5 February 2024, seeking 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 5 March 2024.
Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to 5 April 2024.
I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time by close of business 13
February 2024.
If you have any queries in relation to this matter, please do not hesitate
to contact this office.
Regards
AFP 23141
FOI Senior Team Member – Corporate
Freedom of Information
AFP Legal
Chief Counsel
[1]Australian Federal Police
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.
References
Visible links
1. http://www.afp.gov.au/
OFFICIAL
Good morning Sir,
I refer to my email below of 8 February 2024.
The decision is currently with the FOI delegate and I hope to provide a
decision to you by mid next week.
Noting the due date of 6 March 2024, in order to avoid your request being
deemed as refused, can you please advise if you are agreeable to a s15AA
extension.
Kind regards
AFP 23141
FOI Senior Team Member – Corporate
Freedom of Information
AFP Legal
Chief Counsel
[1]Australian Federal Police
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.
From: FOI
Sent: Thursday, 8 February 2024 8:17 AM
To: 'Mathew M.' <[FOI #11081 email]>
Cc: FOI <[email address]>
Subject: s15AA Extension: Freedom of Information request LEX 2420
[SEC=OFFICIAL] [AFP-L.FID157837]
OFFICIAL
Dear Sir,
I refer to your request dated 5 February 2024, seeking 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 5 March 2024.
Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to 5 April 2024.
I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time by close of business 13
February 2024.
If you have any queries in relation to this matter, please do not hesitate
to contact this office.
Regards
AFP 23141
FOI Senior Team Member – Corporate
Freedom of Information
AFP Legal
Chief Counsel
[2]Australian Federal Police
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.
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
OFFICIAL
Thank you Sir.
AFP 23141
FOI Senior Team Member – Corporate
Freedom of Information
AFP Legal
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.
OFFICIAL
Dear Mathew M
Please find attached correspondence in regards to your FOI request, LEX 2420.
Kind regards
CASEY (AFP 24826)
A/FOI TEAM LEADER – CORPORATE
FREEDOM OF INFORMATION
AFP LEGAL
CHIEF LEGAL 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.
Hi Casey,
Did you receive an indication from the relevant business area as to when they expect the review to be finalised?
I plan to submit a future FOI request with respect to the report, but in the interests of not wasting your time or mine, I'm happy to wait until the review is likely to be complete before I do that.
Yours sincerely,
Mathew M.
Mathew M. left an annotation ()
I did send a response agreeing to the extension some time ago, but I can't see it here and AFP clearly didn't receive it. Either I did something wrong or the platform has a hiccup.