Protest Actions at Australian Airports from August 2024 to September 2024
Ben Fairless made this Freedom of Information request to Australian Federal Police
Dear Australian Federal Police,
I am making this request in an individual capacity and not on behalf of any organisation or group.
== Background ==
As I understand it, the AFP are responsible for policing at major Australian airports.
There have been multiple protest actions and attempted protest actions by passenger transport drivers (AKA “Uber” or “Rideshare” drivers) across multiple airports. These include but are not limited to Brisbane, Sydney, Melbourne, Adelaide and Perth.
For simplicity, I will use the term “protest” to describe actual or attempted protest, or actual or attempted interruption by passenger transport drivers at Australian airports.
== My Request ==
I request documents created from 1 August 2024 until the date of this request that are connected to the protest actions around the country.
These documents include, but are not limited to:
- Communication between the AFP and the airport corporation
- Communication between the AFP and the platform referred to as “Uber” or “DiDi”
- Communication internally within the AFP
- Communication with any passenger transport drivers referred to above
- Records created in the AFP Computer Aided Dispatch systems and Investigations Management Solution systems
== Exclusions ==
I am happy to exclude as irrelevant:
- Duplicates of documents
- Direct contact details of AFP members and public servants
- Names and contact information of members of the public, but not the name of the company, group or organisation they represent
== Administrative Access and Consultation ==
I attempted to frame this request in a way to eliminate any potential consultation. If you feel there is a need to consult with third parties, I am open to discussing revision of my request to remove this requirement and to expedite processing.
As always, I’m happy to engage in informal consultation with the AFP as a first step before initiating a formal consultation process.
To assist the AFP and promote the objectives of the FOI act, I respectfully request that the AFP considers releasing the documents under administrative access. If this isn’t possible, please consider this a formal FOI request.
Yours faithfully,
Ben Fairless
OFFICIAL
Dear Mr Fairless,
YOUR FREEDOM OF INFORMATION REQUEST
I refer to your request dated 5 September 2024, seeking access to
documents under the Freedom of Information Act 1982 (the Act) as follows:
Request:
‘I request documents created from 1 August 2024 until the date of this
request that are connected to the protest actions around the country.
These documents include, but are not limited to:
- Communication between the AFP and the airport corporation
- Communication between the AFP and the platform referred to as “Uber” or
“DiDi”
- Communication internally within the AFP
- Communication with any passenger transport drivers referred to above
- Records created in the AFP Computer Aided Dispatch systems and
Investigations Management Solution systems’.
Timeframe
Your request was received by the AFP on 5 September 2024, and the 30 day
statutory period for processing your request commenced from that date. The
due date for your request is 7 October 2024
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 significant increase in the volume of
applications at this time and the absence of key personnel to assist with
the processing of requests for information, the AFP will be unable to
finalise this matter within the 30 day time frame. Accordingly, it will
not be possible to advise you of a decision by 7 October 2024. 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 4 November 2024. I will endeavour to
provide you with a decision as soon as possible within this timeframe.
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 27
September 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:
o 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
o 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.
You have consented to exclude the following information from the scope of
the request:
o Names of AFP members, other than the Senior Executive; and
o 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. You consent to the AFP identifying
you as the FOI applicant for the purposes of the consultation.
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 7
October 2024.
If you have any queries in relation to this matter, please do not hesitate
to contact our team at [2][AFP request email].
Yours sincerely,
CASEY
FREEDOM OF INFORMATION TEAM LEADER | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL | CORPORATE | CHIEF COUNSEL PORTFOLIO
[3]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. mailto:[AFP request email]
3. http://www.afp.gov.au/
OFFICIAL
Dear Mr Fairless
In regards to your below request, the relevant line area has advised the term "communication" is quite broad in addition to searches having to be conducted across multiple locations.
The AFP is seeking your agreement to refine the scope of your request to the term "correspondence".
It would be greatly appreciated if you could please provided a response by Tuesday, 5 November 2024.
Kind regards
AFP24826
FREEDOM OF INFORMATION TEAM LEADER | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL | CORPORATE | CHIEF COUNSEL PORTFOLIO
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.
Dear AFP24826,
Thanks for your message. I must admit to being quite confused. What does the line area mean by “the term "communication" is quite broad”?
To put it another way, what searches would not be completed if I changed “communication” to “correspondence”?
If you need more time to process the request let me know.
Yours sincerely,
Ben Fairless
OFFICIAL
Dear Mr Fairless
Thank you for your below email.
My apologies for the confusion. I have been liaised with the relevant operational area and they have asked if the term 'correspondence' could replace the term 'communication' that you have in your current scope, to ensure both parties have the same interpretation of the documents captured. The documents are ready for assessment if you are agreeable to the term 'correspondence'.
It would be greatly appreciated if you are able to provide a response by Tuesday, 12 November 2024.
Kind regards
AFP24826
FREEDOM OF INFORMATION TEAM LEADER | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL | CORPORATE | CHIEF COUNSEL PORTFOLIO
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.
Dear FOI,
I’m so sorry for the delay in coming back to you on this. I’m not 100% sure on what documents may or may not be covered depending on the word used but happy to go with your suggestion.
I understand the decision may be deemed refused at this point, as you’ve got the documents ready for assessment I’m happy to have them released with agreed redactions administratively? I also understand that the holiday season is upon us so happy to give an extension of time if you need it.
Yours sincerely,
Ben Fairless
OFFICIAL
Dear Mr Fairless
Thank you for agreeing to revise the scope of your request. I am currently in the process of obtaining documents from the relevant line area to assess documents for sensitivities.
As the decision is deemed, you agreement to an extension of time is unable to be taken into account. Would you be agreeable to withdraw your request for LEX 3120 and for the commencement of your request to be from 4 December 2024? As a decision would due on 3 January 2025, would you also be agreeable to a 30 day extension under section 15AA of the Act?
It would be greatly appreciated if a response could please be provided by Friday, 13 December 2024.
Kind regards
Casey
FREEDOM OF INFORMATION TEAM LEADER | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL | CORPORATE | CHIEF COUNSEL PORTFOLIO
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.
Dear Casey,
Thanks for your message. Sorry about the delay in responding. Happy to go along with your suggestion and withdraw the previous request, submit a new request with the same terms, and grant an extension of 30 days due to the upcoming holidays.
Yours sincerely,
Ben Fairless
OFFICIAL
Dear Mr Fairless
YOUR FREEDOM OF INFORMATION REQUEST
I refer to your request dated 4 December 2024, seeking access to documents
under the Freedom of Information Act 1982 (the Act) as follows:
I request documents created from 1 August 2024 until the date of this
request that are connected to the protest actions around the country.
These documents include, but are not limited to:
- Correspondence between the AFP and the airport corporation
- Correspondence between the AFP and the platform referred to as “Uber” or
“DiDi”
- Correspondence internally within the AFP
- Correspondence with any passenger transport drivers referred to above
- Records created in the AFP Computer Aided Dispatch systems and
Investigations Management Solution system
Timeframe
Your request was received by the AFP on 4 December 2024, and the 30 day
statutory period for processing your request commenced from that date. The
initial due date for your request was 3 January 2025. As you have agreed
to a 30 day extension of the request under section 15AA of the Act, the
new due date for your request is 3 Feb 2025.
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:
o 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
o 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.
You have consented to exclude the following information from the scope of
the request:
o Names of AFP members, other than the Senior Executive; and
o 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. You have advised that you consent to
the AFP identifying you as the FOI applicant for the purposes of the
consultation.
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 3
February 2025.
If you have any queries in relation to this matter, please do not hesitate
to contact our team at [2][AFP request email].
Yours sincerely,
JOHN (AFP11146)
FREEDOM OF INFORMATION OFFICER (AFP RESERVE)| COMMERCIAL, GOVERNANCE &
INFORMATION
AFP LEGAL – CORPORATE | CHIEF COUNSEL PORTFOLIO
[3]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. mailto:[AFP request email]
3. http://www.afp.gov.au/