ANNEXURE A
OFFICIAL
STATEMENT OF REASONS RELATING TO AN FOI REQUEST BY
IAIN PETERSON (RIGHT TO KNOW)
I, Casey Auld, A/g Team Leader, Freedom of Information and Information Law, am an officer
authorised under section 23 of the Act to make decisions in relation to the Australian Federal
Police (AFP).
What follows is my decision and reasons for the decision in relation to your request.
BACKGROUND
On 16 March 2023, the AFP received your request in the fol owing terms:
“Under the freedom of information Act, I am requesting access to the fol owing:
And documents which include the phrase
"operation angel watch"
And
Any documents which include the phrase
"Angel watch"”
On 3 April 2023, you were notified of the requirement to consult a third party pursuant to
section 15(8) of the Act.
On 9 May 2023 you agreed to a 30 day extension of time pursuant to section 15AA of the Act.
On 27 June 2023, a further extension of time was granted by the Office of the Australian
Information Commissioner (OAIC) pursuant to section 15AB of the Act, to notify you of a
decision by 13 July 2023.
My apologies for the delay in providing you with a decision in regards to your request.
SEARCHES
Searches for documents were undertaken by ACCCE and Human Exploitation Command and
Asia Pacific Command, relevant to the scope of your request.
EVIDENCE/MATERIAL ON WHICH MY FINDINGS WERE BASED
In reaching my decision, I have relied on the fol owing:
• the scope of your request;
• the contents of the documents identified as relevant to the request;
• consultation with third parties;
• advice from operational areas with responsibility for matters contained in the
documents;
• the Act; and
• the guidelines issued by the Office of the Australian Information Commissioner
under section 93A of the Act.
OFFICIAL
OFFICIAL
DECISION
I have identified 12 documents relevant to your request.
I have decided to:
• release 1 document to you in ful ; and
• release 11 documents in part with deletions pursuant to sections 22(1)(a)(ii) and
33(a)(ii ) of the Act.
A schedule of each of document and details of my decision in relation to each document is at
Annexure B.
My reasons for this decision are set out below.
REASONS FOR DECISION
Material to which section 22(1)(a)(ii) applies:
Section 22 of the Act allows the AFP to grant access to an edited copy of a document that has
been modified by deletions to remove material that is either exempt or irrelevant to the
request.
Parts of the document also contain information that does not relate to the subject matter of
your request, being information that does not relate to “operation angel watch” or “angel
watch”.
Accordingly, I find parts of the document would be reasonably regarded as irrelevant to the
request under section 22(1)(a)(i ) of the Act.
Material to which section 33(a)(iii) applies:
Section 33(a)(iii) of the Act provides that:
“A document is an exempt document if disclosure of the document under this Act:
(a)
would, or could reasonably be expected to, cause damage to:
…
(iii)
the international relations of the Commonwealth…”
The documents or parts of documents identified as exempt under this section of the Act
relate to information provided by an agency of a foreign government. The information was
provided by a foreign government at an international conference regarding the Angel Watch
Centre, on the understanding that it would only be used for that purpose and not be
disseminated further. I am satisfied that to grant access to the documents would, or could
reasonably be, expected to cause damage to the international relations of the
Commonwealth. This information was communicated in the expectation that it would remain
confidential. Therefore to disclose this material would damage the Commonwealth’s
relations with a foreign country. If these documents were to be released, it would be likely to
inhibit the exchange of information to the AFP in these forums in the future.
Accordingly, I find the documents or parts of the documents are exempt under section
33(a)(ii ) of the Act.
OFFICIAL
OFFICIAL
***YOU SHOULD READ THIS GENERAL ADVICE IN CONJUNCTION WITH THE LEGISLATIVE
REQUIREMENTS IN THE FREEDOM OF INFORMATION ACT 1982***
REVIEW AND COMPLAINT RIGHTS
If you are dissatisfied with a Freedom of Information decision made by the AFP, you can apply
either for internal review of the decision, or for a review by the Information Commissioner (IC).
You do not have to apply for internal review before seeking review by the IC.
For complaints about the AFP’s actions in processing your request, you do not need to seek
review by either the AFP or the IC in making your complaint.
REVIEW RIGHTS under Part VI of the Act
Internal review by the AFP
Section 54 of the FOI Act gives you the right to apply for internal review of this decision. No
particular form is required to make an application for internal review, however, an application
needs to be made in writing within 30 days of this decision. It would assist the independent AFP
decision-maker responsible for reviewing the file if you set out in the application, the grounds
on which you consider the decision should be reviewed.
Section 54B of the FOI Act provides that the internal review submission must be made within
30 days. Applications may be sent by email (xxx@xxx.xxx.xx) or addressed to:
Freedom of Information
Australian Federal Police
GPO Box 401
Canberra ACT 2601
REVIEW RIGHTS under Part VII of the Act
Review by the Information Commissioner
Alternatively, section 54L of the FOI Act gives you the right to apply directly to the IC for review
of this decision. In making your application you wil need to provide an address for notices to be
sent (this can be an email address) and a copy of the AFP decision.
Section 54S of the FOI Act provides the timeframes for an IC review submission. For an
access
refusal decision covered by section 54L(2), the application must be made within 60 days. For an
access grant decision covered by section 54M(2), the application must be made within 30 days.
Applications for IC review may be lodged by email (xxxxx@xxxx.xxx.xx), using the OAIC’s online
application form (available at www.oaic.gov.au) or addressed to:
Office of the Australian Information Commissioner
GPO Box 5128
Sydney NSW 2001
The IC encourages parties to an IC review to resolve their dispute informal y, and to consider
possible compromises or alternative solutions to the dispute in this matter. The AFP would be
pleased to assist you in this regard.
OFFICIAL
OFFICIAL
Complaint
If you are unhappy with the way we have handled your FOI request, please let us know what we
could have done better. We may be able to rectify the problem. If you are not satisfied with our
response, you can make a complaint to the IC. A complaint may be lodged using the same
methods identified above. It would assist if you set out the action you consider should be
investigation and your reasons or grounds.
More information about IC reviews and complaints is available on the OAIC’s website at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/.
OFFICIAL
OFFICIAL
ANNEXURE B
SCHEDULE OF DECISION – LEX 1474
Document Folio No
Author
Description
Exemption
Reason
No
1
1
Australian
Dialogue program
Released in part
s22(1)(a)(ii)
Federal Police
s33(a)(iii)
(AFP)
2
2-14
US Homeland
Presentation on the Angel Watch Program
Released in part
s33(a)(iii)
Security
Investigations
3
15-16
AFP
Dialogue minute
Released in part
s22(1)(a)(ii)
s33(a)(iii)
4
17-18
AFP
World Congress minute
Released in part
s22(1)(a)(ii)
s33(a)(iii)
5
19-20
AFP
World Congress program
Released in part
s22(1)(a)(ii)
s33(a)(iii)
6
21
AFP
Email relating to World Congress program
Released in part
s22(1)(a)(ii)
s33(a)(iii)
7
22-26
US Homeland
Country update – United States
Released in full
Security
Investigations
8
27
AFP
Conference feedback document
Released in part
s22(1)(a)(ii)
SCHEDULE OF DECISION – LEX 1474
1
OFFICIAL
OFFICIAL
ANNEXURE B
Document
Folio No
Author
Description
Exemption
Reason
No
9
28-43
US Homeland
Presentation on the Angel Watch Program and associated
Released in part
s22(1)(a)(ii)
Security
document
s33(a)(iii)
Investigations
10
44-46
AFP
Conference minute
Released in part
s22(1)(a)(ii)
s33(a)(iii)
11
47-48
AFP
Teleconference program
Released in part
s22(1)(a)(ii)
s33(a)(iii)
12
49-51
AFP
Law Enforcement Abstracts from World Conference
Released in part
s22(1)(a)(ii)
SCHEDULE OF DECISION – LEX 1474
2
OFFICIAL
