Setting aside of AFP decision by the Information Commissioner
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
OFFICIAL:Sensitive
Dear C G (Right to Know.org.au),
YOUR FREEDOM OF INFORMATION REQUEST – LEX 922
I refer to your request dated 29 July 2022, seeking access to documents
under the Freedom of Information Act 1982 (the Act) as follows:
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.
I have made some inquiries, and I understand the document you are seeking
will soon be published on the Australian Federal Police’s (AFP) disclosure
log on the AFP website, link [1]here.
In light of this, could you please advise whether you wish to withdraw
your request? We would be grateful if you could respond by 17 August 2022.
Regards,
LIVIA
LAWYER
FREEDOM OF INFORMATION & PRIVACY
CHIEF COUNSEL PORTFOLIO
[2]www.afp.gov.au
[3]Australian Federal Police
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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my request made under the FOI Act of the AFP on 29 July 2022 can be taken to be withdrawn.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
OFFICIAL:Sensitive
Dear C G,
Thank you for your email. The document you seek is now available on the
Australian Federal Police’s (AFP) [1]disclosure log. The disclosure log
ref no. is 92-2022 and I have included a screenshot of the relevant row in
the 2022 table:
As per your email, we consider your request withdrawn. Please feel free to
contact us should you have any further queries in relation to the above.
Regards,
LIVIA
LAWYER
FREEDOM OF INFORMATION & PRIVACY
CHIEF COUNSEL PORTFOLIO
[2]www.afp.gov.au
[3]Australian Federal Police
-----Original Message-----
From: C G <[FOI #9198 email]>
Sent: Monday, 15 August 2022 6:48 PM
To: FOI <[email address]>
Subject: Re: FREEDOM OF INFORMATION REQUEST - LEX 922
[SEC=OFFICIAL:Sensitive] [AFP-L.FID56019]
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
-----Original Message-----
OFFICIAL:Sensitive
Dear C G (Right to Know.org.au),
YOUR FREEDOM OF INFORMATION REQUEST – LEX 922
I refer to your request dated 29 July 2022, seeking access to documents
under the Freedom of Information Act 1982 (the Act) as follows:
I refer to this decision of the Information Commissioner of 30 June 2022
as set out here:
[4]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.
I have made some inquiries, and I understand the document you are seeking
will soon be published on the Australian Federal Police’s (AFP) disclosure
log on the AFP website, link [1]here.
In light of this, could you please advise whether you wish to withdraw
your request? We would be grateful if you could respond by 17 August 2022.
Regards,
LIVIA
LAWYER
FREEDOM OF INFORMATION & PRIVACY
CHIEF COUNSEL PORTFOLIO
[2][5]www.afp.gov.au
[3]Australian Federal Police
References
Visible links
1.
[6]https://www.afp.gov.au/about-us/informat...
2. [7]http://www.afp.gov.au/
3. [8]http://www.afp.gov.au/
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WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************
References
Visible links
1. https://www.afp.gov.au/about-us/informat...
2. http://www.afp.gov.au/
3. http://www.afp.gov.au/
4. http://www6.austlii.edu.au/cgi-bin/viewd...
5. http://www.afp.gov.au/
6. https://www.afp.gov.au/about-us/informat...
7. http://www.afp.gov.au/
8. http://www.afp.gov.au/
9. mailto:[FOI #9198 email]
10. https://www.righttoknow.org.au/help/offi...