Dear Australian Federal Police,

I refer to this decision of the Information Commissioner of 30 June 2022 as set out here: http://www6.austlii.edu.au/cgi-bin/viewd... where the Information Commissioner (IC), pursuant to s.55K of the FOI Act, set aside the access refusal decision of the AFP/LNP of 16 July 2019 and ordered the AFP/LNP to provide the applicant with a copy of the document the subject of the IC's decision.

Under the FOI Act, I request a copy of that same document, the subject of the IC's decision of 30 June 2022 mentioned above.

Yours faithfully,

C G

Dear FOI,

Thank you for your email.

Immediately upon the AFP:
- notifying me that the document the subject of my request has, in fact, been published; and
- providing me with sufficient information to enable me to access that document as published;
my request made under the FOI Act of the AFP on 29 July 2022 can be taken to be withdrawn.

Until the occurrence of those events, my request made under the FOI Act remains valid and current, including for the purposes of s.15(5)(b) of the FOI Act.

If the period within which the AFP must make a decision on my FOI application expires, I will seek Information Commissioner review of that deemed access refusal decision made by Commissioner Kershaw and I will lodge a complaint with the AFP in respect of Mr Kershaw’s contravention of the AFP Code of Conduct (which requires Commissioner Kershaw to comply with all Australian laws, including the FOI Act) noting that unlawful conduct will constitute Category 2 misconduct for the purposes of the Australian Federal Police Categories of Conduct Determination 2013.

I note that in acknowledging receipt of my application made under the FOI Act otherwise than in accordance with s.15(5)(a) of the FOI Act, you have contravened the AFP Code of Conduct (which requires you to comply with all Australian laws, including the FOI Act) and the Legal Profession (Solicitors) Conduct Rules 2015. Accordingly, you’ve engaged Category 2 misconduct for the purposes of the Australian Federal Police Categories of Conduct Determination 2013.

Yours sincerely,
C G