Police report
Dear Australian Commission for Law Enforcement Integrity,
Iam requesting a copy of the photoes taken by forensic police at Nerang
on 06.03/2012 of my car
Yours faithfully,
Brian Elbourne
UNCLASSIFIED
Our Reference: 13/312
Dear Brian Elbourne
Your Freedom of Information Request
Receipt
I refer to your e-mail of 16 September 2013 seeking access under the
Freedom of Information Act 1982 (the FOI Act) to " a copy of the photos
taken by forensic police at Nerang on 06/03/2012 of my car".
This is a notice of receipt of request.
ACLEI will send relevant notices in relation to your request to the
contact addresses you have provided, including via your e-mail address.
If you wish to contact ACLEI in relation to your FOI request, you may do
so:
Via post: FOI Coordinator
Australian Commission for Law Enforcement Integrity
GPO Box 605
Canberra ACT 2601
Via e-mail: [1][ACLEI request email]
ACLEI is required to provide a notice of decision in relation to valid FOI
requests within 30 days of receipt of an application.
My Decision
I am an authorised decision-maker under section 23 of the FOI Act. This
e-mail sets out my decision on your request for access.
Having overseen a search of ACLEI records, I have located 0 documents
relevant to your request. If the documents – photographs of your car
taken at a particular place and date – exist, I have determined that they
have never been in the possession of ACLEI. Without additional
information, such as the specific details of the police agency you believe
took the photographs, I am unable to advise where you might direct an
additional request to obtain the photographs.
Accordingly, your request is refused under subsection 24A(1) of the FOI
Act.
Review Rights
You are entitled to seek review of this decision.
Internal Review
Firstly, under section 54 of the FOI Act, you may apply for an internal
review of the decision. Your application must be made by whichever date is
the later between:
– 30 days of you receiving this notice; or
– 15 days of you receiving the documents to which you have
been granted access.
An internal review will be conducted by a different officer from the
original decision-maker. No particular form is required to apply for
review although it will assist your case to set out in the application the
grounds on which you believe that the original decision should be
overturned. An application for a review of the decision should be
addressed to:
FOI Coordinator
Australian Commission for Law Enforcement Integrity
GPO Box 305
CANBERRA CITY ACT 2601
[2][ACLEI request email]
If you choose to seek an internal review, you will subsequently have a
right to apply to the Australian Information Commissioner for a review of
the internal review decision.
External review by the Australian Information Commissioner
Alternatively, under 54L of the FOI Act, you may seek review of this
decision by the Australian Information Commissioner without first going to
internal review. Your application must be made within 60 days of you
receiving this notice.
The Information Commissioner is an independent office holder who may
review decisions of agencies and Ministers under the FOI Act. More
information is available on the Information Commissioner's website
[3]www.oaic.gov.au .
You can contact the Information Commissioner to request a review of a
decision online or by writing to the Information Commissioner at:
GPO Box 2999
Canberra ACT 2601
Complaints to Ombudsman or Information Commissioner
You may complain to either the Commonwealth Ombudsman or the Information
Commissioner about action taken by ACLEI in relation to the application.
The Ombudsman will consult with the Information Commissioner before
investigating a complaint about the handling of an FOI request.
Your enquiries to the Ombudsman can be directed to:
Phone 1300 362 072 (local call charge)
Email [4][email address]
Your enquiries to the Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email [5][email address]
There is no particular form required to make a complaint to the Ombudsman
or the Information Commissioner. The request should be in writing and
should set out the grounds on which it is considered that the action taken
in relation to the request should be investigated and identify ACLEI as
the relevant agency.
Relevant Provisions
The provisions of the FOI Act may be accessed on-line at
[6]http://www.comlaw.gov.au/Details/C2013C0... .
Contacts
If you require clarification of any of the matters discussed in this
letter you should contact me on 02 6141 2300.
Yours faithfully
Sarah Baker-Goldsmith
ACLEI FOI Coordinator
-----Original Message-----
From: Brian Elbourne [mailto:[FOI #395 email]]
Sent: Monday, 16 September 2013 11:24 AM
To: ACLEI FOI
Subject: Freedom of Information request - Police report
Dear Australian Commission for Law Enforcement Integrity,
Iam requesting a copy of the photoes taken by forensic police at
Nerang
on 06.03/2012 of my car
Yours faithfully,
Brian Elbourne
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