Our ref: LEX 2192
13 November 2023
Iain Peterson (Right to Know)
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Peterson
Internal review - Freedom of Information decision
I refer to your request for internal review of the AFP’s decision dated 6 August 2023 that was
provided to you on 9 August 2023.
The decision advised you:
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.
Your request for internal review was made outside of the 30 day timeframe provided by the
Freedom of Information Act 1982 (the Act). On that basis, an internal review of the decision
cannot be conducted. However, I take this opportunity to respond to the comments you
made when you requested internal review, as follows.
In relation to your belief that not all relevant documents under the Act have been released, I
have reviewed the bundle of documents that was initially assessed as potentially within the
scope of the request, and the documents the subject of the final decision. I am satisfied that
the documents that were found not to be within the scope of the request, were not within
the scope of the request. The documents within the scope of the request were intermingled
with the document bundle initially assessed by the decision maker.
In relation to your belief that releasing documents provided by a third party would not
damage international relations, I advise that the United States Department of Homeland
Security was consulted in relation to your request, concerning documents they provided to
the AFP and their views were taken into account in making the decision. I am satisfied having
regard to those views that the release of the documents would damage international
relations.
Yours sincerely
Adam Anastasi
Deputy General Counsel (Commercial, Governance, and Information)
Commercial, Governance and Information Section
Chief Counsel Portfolio
