LEX 3802 Documents.pdf

From:
NOSSC
To:
NOSSC-CANBERRA
Cc:
Media
Subject:
FW: Advice needed on media enquiry [SEC=OFFICIAL]
Date:
Thursday, 20 March 2025 2:00:00 PM
Attachments:
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OFFICIAL
Good afternoon,
Can you please review the below request and provide assistance and/or advice on which team would be
best suited to assist.
Kind regards,
PS SGT
s 22(1)(a)(ii)
NATIONAL OPERATIONS STATE SERVICE CENTRE
INTELLIGENCE & COVERT SERVICES
Tel: +61 (0)2
s 22(1)(a)(ii)
Australian Federal Police
ACT 1982
RELEASED BY
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.
From: Media <xxxxx@xxx.xxx.xx>
Sent: Thursday, 20 March 2025 1:52 PM
To: NOSSC <xxxxx@xxx.xxx.xx>
THIS DOCUMENT IS
Cc: Media <xxxxx@xxx.xxx.xx>
Subject: RE: Advice needed on media enquiry [SEC=OFFICIAL]
FREEDOM OF INFORMATION
OFFICIAL
THE AUSTRALIAN FEDERAL POLICE UNDER THE
Hi s 22(1)(a)(ii)
I think I might have used the wrong word – I think it’s a report of crime made to the AFP against the
eSafety Commissioner.
Happy to discuss.
Cheers,
s 22(1)(a)(ii)
TEAM LEADER - AFP NATIONAL MEDIA
OFFICE OF THE COMMISSIONER
Tel: +61 (0)2
s 22(1)(a)(ii)
LEX 3802
Page 1

THE
BY
UNDER
1982
ACT
RELEASED
IS POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE

From:
Media
To:
s 22(1)(a)(ii)
Subject:
FW: Media enquiry - Avi Yemini from Rebel News [SEC=OFFICIAL]
Date:
Thursday, 20 March 2025 6:28:26 PM
Attachments:
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OFFICIAL

From: Media OeSC <xxxxx@xxxxxxx.xxx.xx>
Sent: Thursday, 20 March 2025 3:21 PM
To: Media <xxxxx@xxx.xxx.xx>
Subject: Re: Media enquiry - Avi Yemini from Rebel News [SEC=OFFICIAL]

THE
Thank you
BY
s 22(1)(a)(ii)

UNDER
Get Outlook for iOS
1982
From: Media <xxxxx@xxx.xxx.xx>
ACT
RELEASED
Sent: Thursday, March 20, 2025 5:20:16 PM
POLICE
To:
IS
Media OeSC <xxxxx@xxxxxxx.xxx.xx>
Cc: Media <xxxxx@xxx.xxx.xx>
Subject: Media enquiry - Avi Yemini from Rebel News [SEC=OFFICIAL]

FEDERAL
OFFICIAL
INFORMATION
Hi team,
DOCUMENT
OF

For your awareness, the AFP has received the below media enquiry from Rebel News and is replying with
THIS
the following response:

AUSTRALIAN
The AFP has no comment.

FREEDOM
Kind regards,
THE
s 22(1)(a)(ii)
TEAM LEADER - AFP NATIONAL MEDIA
OFFICE OF THE COMMISSIONER
Tel: +61 (0)2
s 22(1)(a)(ii)
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.
LEX 3802
Page 5

THE
BY
UNDER
1982
ACT
RELEASED
IS POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE

  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
**********************************************************************

NOTICE: This email message is for the sole use of the intended
recipient(s)
and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email and destroy
all
copies of the original message.
THE
BY
UNDER
1982
ACT
RELEASED
IS  POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE
LEX 3802
Page 7

THE
BY
UNDER
1982
ACT
RELEASED
IS POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE

(see: https://www.naa.gov.au/information-management/managing-information-assets/types-
information/managing-social-media-and-instant-messaging-im).

The AFP is requested to address the following for a news report:
Is this matter currently under investigation by the AFP?
Is the AFP treating this complaint with seriousness?
Will the eSafety Commissioner receive any special treatment during this process?
In AFP experience, is the use of "disappearing messages" a common practice among criminals?
Does the AFP suspect this behavior might be widespread among Canberra public servants, potentially
concealing other unlawful conduct?
What might the AFP infer as the motive behind the eSafety Commissioner deleting these records?
Beyond legality, does the AFP view it as morally concerning that Australia's online safety chief is deleting
records?
To what extent does the use of "disappearing messages" hinder or obstruct AFP investigations?
As a Commonwealth statutory agency, similar to the Office of the eSafety Commissioner, what is the
AFP's internal policy regarding its employees' use of "disappearing messages"? How does this policy
compare to the approach adopted by the eSafety Commissioner?
Has the AFP previously received any complaints regarding the eSafety Commissioner's use of
"disappearing messages"?

Responses are sought by 4:30 PM today, March 20, 2025, to meet the reporting deadline.
THE

BY
--
Kind regards,
Avi Yemini
UNDER
1982
ACT
RELEASED
IS  POLICE

FEDERAL
INFORMATION

DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE
LEX 3802
Page 9

From:
s 22(1)(a)(ii)
To:
Media
Cc:
s 22(1)(a)(ii)
Subject:
RE: Advice needed on media enquiry [SEC=OFFICIAL]
Date:
Thursday, 20 March 2025 5:06:57 PM
Attachments:
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OFFICIAL
Hi
s 22(1)(a)(ii)

As discussed, I think The AFP has no comment is an appropriate response.
s 22(1)(a)(ii)
THE
Writing to you from Ngunnawal Country
BY
COORDINATOR
AFP NATIONAL MEDIA
UNDER
OFFICE OF THE CHIEF OPERATING OFFICER
1982
Tel: +61 (0)2
s 22(1)(a)(ii)
ACT
Australian Federal Police
RELEASED
IS POLICE
The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
FEDERAL
throughout Australia, and their continuing connection to land, sea and community. We pay
INFORMATION
our respects to First Nations people, culture and Elders past, present and emerging.
DOCUMENT
OF

THIS

From: Media <xxxxx@xxx.xxx.xx>
AUSTRALIAN
Sent: Thursday, 20 March 2025 4:48 PM
FREEDOM
To:
THE
s 22(1)(a)(ii)
@afp.gov.au>;
s 22(1)(a)(ii)
<
s 22(1)(a)(ii)
afp.gov.au>
Cc: Media <xxxxx@xxx.xxx.xx>
Subject: FW: Advice needed on media enquiry [SEC=OFFICIAL]

OFFICIAL
Hi
and
s 22(1)(a)(ii)
,
s 22(1)(a)(ii)

In relation to the query below, we have received advice from the NOSCC that a complaint was received at
9.38am today. (Advice in attached email) It has yet to be investigated/assessed because it only just
came in.
s 47C(1)
LEX 3802
Page 10

THE
BY
UNDER
1982
ACT
RELEASED
IS POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE

From:
Media
To:
s 47E(d)
; NOSSC-CANBERRA
Subject:
RE: Advice needed on media enquiry [SEC=OFFICIAL]
Date:
Thursday, 20 March 2025 4:32:00 PM
Attachments:
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OFFICIAL
Hi
s 22(1)(a)(ii)

Thanks for this.

Cheers,
s 22(1)(a)(ii)

From:
s 47E(d)
afp.gov.au>
THE
Sent: Thursday, 20 March 2025 3:23 PM
To:
BY
NOSSC-CANBERRA <xxxxxxxxxxxxxx@xxx.xxx.xx>;
s 47E(d)
s 47E(d)
afp.gov.au>; Media <xxxxx@xxx.xxx.xx>
UNDER
Subject:
1982
RE: Advice needed on media enquiry [SEC=OFFICIAL]

ACT
OFFICIAL
RELEASED
Good afternoon,
and
POLICE
s 22(1)(a)(ii)
(Media)
s 22(1)(a)(ii)

IS
Given the matter was referred to the AFP at 09:38hrs today, there is not adequate information to form a
clear view on this matter.

FEDERAL
INFORMATION
DOCUMENT
OF s 47C(1)
THIS
AUSTRALIAN

FREEDOM
Cheers,

THE
s 22(1)(a)(ii)

DETECTIVE A/INSPECTOR
s 22(1)(a)(ii)
WATCHFLOOR OIC
INTELLIGENCE & COVERT SERVICES
Tel: +61 (0)2
s 22(1)(a)(ii)
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.
LEX 3802
Page 13

From: NOSSC-CANBERRA <xxxxxxxxxxxxxx@xxx.xxx.xx>
Sent: Thursday, 20 March 2025 2:57 PM
To:
s 47E(d)
@afp.gov.au>
Cc: NOSSC-CANBERRA <xxxxxxxxxxxxxx@xxx.xxx.xx>
Subject: FW: Advice needed on media enquiry [SEC=OFFICIAL]

OFFICIAL
Good afternoon NOSSC Inspectors,

See below enquiry from Rebel News to AFP media team.

Background Information:
Report of crime #282714 was received by NOSSC Canberra today at 9:38am. This report has not yet
been investigated by the team due to only receiving today. We are not in a position to provide a response
to the questions asked.

Response:
THE
For consideration whether media should provide a no comment response to the Rebel News enquiry.
The complainant in the Report of Crime appears to be the same person as the media reporter from
BY
Rebel News.

A response to this enquiry is being sought by 3pm today.
UNDER
1982

Regards
ACT

RELEASED
POLICE
s 22(1)(a)(ii)
IS
A/TEAM LEADER
NOSSC CANBERRA
INTELLIGENCE & COVERT SERVICES
Tel: +61 (0)2
s 22(1)(a)(ii)
FEDERAL
INFORMATION
Australian Federal Police DOCUMENT
OF
THIS
AUSTRALIAN
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
FREEDOM
our respects to First Nations people, culture and Elders past, present and emerging.
THE

From: NOSSC <xxxxx@xxx.xxx.xx>
Sent: Thursday, 20 March 2025 2:00 PM
To: NOSSC-CANBERRA <xxxxxxxxxxxxxx@xxx.xxx.xx>
Cc: Media <xxxxx@xxx.xxx.xx>
Subject: FW: Advice needed on media enquiry [SEC=OFFICIAL]

OFFICIAL
Good afternoon,

Can you please review the below request and provide assistance and/or advice on which team would be
best suited to assist.

Kind regards,
LEX 3802
Page 14

THE
BY
UNDER
1982
ACT
RELEASED
IS POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE

From:
Media
To:
Avi Yemini
Cc:
Media
Subject:
RE: Media Request: AFP Investigation into eSafety Commissioner"s WhatsApp Practices – Deadline 4:30 PM,
March 20, 2025 [SEC=OFFICIAL]
Date:
Thursday, 20 March 2025 5:20:44 PM
Attachments:
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image002.png
image003.png
image004.png
image005.png
OFFICIAL
Hi Avi,

Sorry for the delay. The below is a response you can attribute to an AFP spokesperson.

The AFP has no comment.

Kind regards,
Nathan.
THE

BY
From: Avi Yemini <xxx@xxxxxxxxx.xxx>
Sent: Thursday, 20 March 2025 12:26 PM
UNDER
1982
To: Media <xxxxx@xxx.xxx.xx>
Subject: Media Request: AFP Investigation into eSafety Commissioner's WhatsApp Practices –
ACT
RELEASED
Deadline 4:30 PM, March 20, 2025
IS  POLICE

Hi,

This is a media request for comment regarding a federal police complaint reported online
FEDERAL
at 9:38 AM on March 20, 2025 (Submission ID: 282714), concerning eSafety
INFORMATION
Commissioner Julie Inman Grant’s use of WhatsApp’s "disappearing messages" feature.
DOCUMENT

OF
On March 18, 2025, at approximately 3:20 PM, a media request was sent via WhatsApp to
THIS
the Commissioner. The app had "disappearing messages" enabled, displaying the notice:
"New messages will disappear from this chat 24 hours after they're sent, except when
AUSTRALIAN
kept." The message, which pertained to government business, was not "kept" and was
deleted after 24 hours. A screenshot of the chat
FREEDOM
was retained as evidence.

THE
Legal advice indicates that public servants, including the eSafety Commissioner, are
required to preserve WhatsApp messages related to government business, as these are
Commonwealth records under the Archives Act. Section 24(1) of the Act classifies the
destruction of such records as an offense. The National Archives of Australia (NAA)
guidance reinforces this, stating that social media and instant messaging content created or
received during government business constitutes Commonwealth records
(see: https://www.naa.gov.au/information-management/managing-information-
assets/types-information/managing-social-media-and-instant-messaging-im).

The AFP is requested to address the following for a news report:

1.   Is this matter currently under investigation by the AFP?
2.   Is the AFP treating this complaint with seriousness?
3.   Will the eSafety Commissioner receive any special treatment during this
LEX 3802
Page 19

THE
BY
UNDER
1982
ACT
RELEASED
IS POLICE
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
AUSTRALIAN
FREEDOM
THE

s 22(1)(a)(ii)
From:
Media
Sent:
Thursday, 20 March 2025 4:32 PM
To:
s 47E(d)
NOSSC-CANBERRA
Subject:
RE: Advice needed on media enquiry [SEC=OFFICIAL]
OFFICIAL
Hi s 22(1)(a)(ii)

Thanks for this.

Cheers,
s 22(1)(a)(ii)

From:
@afp.gov.au>
Sent: Thursday, 20 March 2025 3:23 PM
To: NOSSC-CANBERRA <xxxxxxxxxxxxxx@xxx.xxx.xx>;
s 47E(d)
afp.gov.au>;
THE
Media <xxxxx@xxx.xxx.xx>
Subject: RE: Advice needed on media enquiry [SEC=OFFICIAL]
BY

OFFICIAL
UNDER
1982
Good afternoon,
a
s 22(1)(a)(ii) nd
(M
s 22(1)(a)(ii) edia)

ACT
Given the matter was referred to the AFP at 09:38hrs today, there is not adequate information to form a clear view on
RELEASED
this matter.
IS  POLICE

The Media enquiry is asking leading question regarding person opinion and trying to draw the inference the AFP gives
special treatment to certain people in investigations.

Can I please suggest the following:
FEDERAL

INFORMATION
“The AFP is aware of a referral referenced in your enquiry. Referrals into the agency are carefully considered inline with
DOCUMENT
our Operational Prioritisation Model. This referral is being e
OF  valuated and the AFP will not comment on operational
matters.”

THIS
Cheers,

AUSTRALIAN
s 22(1)(a)(ii)
FREEDOM

THE
DETECTIVE A/INSPECTOR
s 22(1)(a)(ii)
WATCHFLOOR OIC
INTELLIGENCE & COVERT SERVICES
Tel: +61 (0)2
s 22(1)(a)(ii)
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.

From: NOSSC-CANBERRA <xxxxxxxxxxxxxx@xxx.xxx.xx>
Sent: Thursday, 20 March 2025 2:57 PM
1
LEX 3802
Page 21

To:
s 22(1)(a)(ii)
afp.gov.au>
Cc: NOSSC-CANBERRA <xxxxxxxxxxxxxx@xxx.xxx.xx>
Subject: FW: Advice needed on media enquiry [SEC=OFFICIAL]

OFFICIAL
Good afternoon NOSSC Inspectors,

See below enquiry from Rebel News to AFP media team.

Background Information:
Report of crime #282714 was received by NOSSC Canberra today at 9:38am. This report has not yet been
investigated by the team due to only receiving today. We are not in a position to provide a response to the questions
asked.

Response:
For consideration whether media should provide a no comment response to the Rebel News enquiry. The
complainant in the Report of Crime appears to be the same person as the media reporter from Rebel News.

A response to this enquiry is being sought by 3pm today.

Regards
THE

BY
s 22(1)(a)(ii)
A/TEAM LEADER
NOSSC CANBERRA
UNDER
1982
INTELLIGENCE & COVERT SERVICES
Tel: +61 (0)2
s 22(1)(a)(ii)
ACT
RELEASED
IS POLICE
FEDERAL
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
INFORMATION
our respects to First Nations people, culture and Elders past, present and emerging.
DOCUMENT
OF

THIS
From: NOSSC <xxxxx@xxx.xxx.xx>
Sent: Thursday, 20 March 2025 2:00 PM
AUSTRALIAN
To: NOSSC-CANBERRA <xxxxxxxxxxxxxx@xxx.xxx.xx>
FREEDOM
Cc: Media <xxxxx@xxx.xxx.xx>
THE
Subject: FW: Advice needed on media enquiry [SEC=OFFICIAL]

OFFICIAL
Good afternoon,

Can you please review the below request and provide assistance and/or advice on which team would be best suited
to assist.

Kind regards,

PS SGT
s 22(1)(a)(ii)

NATIONAL OPERATIONS STATE SERVICE CENTRE
INTELLIGENCE & COVERT SERVICES
Tel: +61 (0)2
s 22(1)(a)(ii)
2
LEX 3802
Page 22

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.

From: Media <xxxxx@xxx.xxx.xx>
Sent: Thursday, 20 March 2025 1:52 PM
To: NOSSC <xxxxx@xxx.xxx.xx>
Cc: Media <xxxxx@xxx.xxx.xx>
Subject: RE: Advice needed on media enquiry [SEC=OFFICIAL]

OFFICIAL
Hi s 22(1)(a)(ii)

I think I might have used the wrong word – I think it’s a report of crime made to the AFP against the eSafety
THE
Commissioner.

BY
Happy to discuss.

UNDER
Cheers,
1982
ACT
s 22(1)(a)(ii)
RELEASED
IS  POLICE
TEAM LEADER - AFP NATIONAL MEDIA
OFFICE OF THE COMMISSIONER
Tel: +61 (0)2
s 22(1)(a)(ii)
FEDERAL
INFORMATION
DOCUMENT
OF
THIS
The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
throughout Australia, and their continuing connection to land, sea and c
AUSTRALIAN ommunity. We pay
our respects to First Nations people, culture and Elders past, present and emerging.
FREEDOM
THE





From: NOSSC <xxxxx@xxx.xxx.xx>
Sent: Thursday, 20 March 2025 1:47 PM
To: Media <xxxxx@xxx.xxx.xx>
Cc: NOSSC <xxxxx@xxx.xxx.xx>
Subject: RE: Advice needed on media enquiry [SEC=OFFICIAL]

OFFICIAL
Hi s 22(1)(a)(ii)

If the matter relates to a complaint I would suggest reaching out to the Workplace Issues and Complaints Resolution
(WICR) team
s 47E(d)
@afp.gov.au or depending on the nature of the complaint  - Professional Standards
s 47E(d) @afp.gov.au
3
LEX 3802
Page 23

Best regards,

PS SGT
s 22(1)(a)(ii)
NATIONAL OPERATIONS STATE SERVICE CENTRE
INTELLIGENCE & COVERT SERVICES
Tel: +61 (0)2
s 22(1)(a)(ii)
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.

From: Media <xxxxx@xxx.xxx.xx>
Sent: Thursday, 20 March 2025 1:38 PM
To: NOSSC <xxxxx@xxx.xxx.xx>
THE
Cc: Media <xxxxx@xxx.xxx.xx>
Subject: Advice needed on media enquiry [SEC=OFFICIAL]
BY

OFFICIAL
UNDER
1982
Hi team,

ACT
We’ve had the below media request from an online outlet named Rebel News, regarding a complaint made to the AFP
RELEASED
(they have given us a submission ID of
POLICE
s 47E(d) .

IS
Apologies for not knowing how this works, but is that number genuine? Did it come through the Report a
Commonwealth Crime Portal? And if it did, can we conﬁrm what is being done with the complaint, and which AFP
Command is dealing
with it?
FEDERAL

INFORMATION
Would it be possible to get this information by 3pm today?
DOCUMENT

OF
For your information, we strongly suspect the person asking us the questions below is also the person who says they
lodged a complaint.
THIS

Happy to discuss or clarify.
AUSTRALIAN

FREEDOM
Kind regards,
THE
s 22(1)(a)(ii)
TEAM LEADER - AFP NATIONAL MEDIA
OFFICE OF THE COMMISSIONER
Tel: +61 (0)2
s 22(1)(a)(ii)
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.
4
LEX 3802
Page 24

Hi,
This is a media request for comment regarding a federal police complaint reported online at 9:38 AM on March 20,
2025 (Submission ID: 282714), concerning eSafety Commissioner Julie Inman Grant’s use of WhatsApp’s
"disappearing messages" feature.
On March 18, 2025, at approximately 3:20 PM, a media request was sent via WhatsApp to the Commissioner. The
app had "disappearing messages" enabled, displaying the notice: "New messages wil  disappear from this chat 24
hours after they're sent, except when kept." The message, which pertained to government business, was not
"kept" and was deleted after 24 hours. A screenshot of the chat was retained as evidence.
Legal advice indicates that public servants, including the eSafety Commissioner, are required to preserve WhatsApp
messages related to government business, as these are Commonwealth records under the Archives Act. Section
24(1) of the Act classiﬁes the destruction of such records as an offense. The National Archives of Australia (NAA)
guidance reinforces this, stating that social media and instant messaging content created or received during
government business constitutes Commonwealth records (see: https://www.naa.gov.au/information-
management/managing-information-assets/types-information/managing-social-media-and-instant-messaging-im).
THE

The AFP is requested to address the following for a news report:
BY
Is this matter currently under investigation by the AFP?
Is the AFP treating this complaint with seriousness?
UNDER
1982
Will the eSafety Commissioner receive any special treatment during this process?
In AFP experience, is the use of "disappearing messages" a common practice among criminals?
Does the AFP suspect this behavior might be widespread among Canberra public serva
ACT  nts, potential y concealing
other unlawful conduct?
RELEASED
POLICE
What might the AFP infer as the motive behind the eSafety Commissioner deleting these records?
IS
Beyond legality, does the AFP view it as morally concerning that Australia's online safety chief is deleting records?
To what extent does the use of "disappearing messages" hinder or obstruct AFP investigations?
As a Commonwealth statutory agency, similar to the Oﬃce of the eSafety Commissioner, what is the AFP's internal
policy regarding its employees' use of "disappearing messages"? How does this policy compare to the approach
adopted by the eSafety Commissioner?
FEDERAL
INFORMATION
Has the AFP previously received any complaints regarding the eSafety Commissioner's use of "disappearing
messages"?
DOCUMENT
OF

Responses are sought by 4:30 PM today, March 20, 2025, to meet the reporting deadline.
THIS

--
Kind regards,
AUSTRALIAN
Avi Yemini
FREEDOM
THE

5
LEX 3802
Page 25

s 22(1)(a)(ii)
From:
xxxxxxxxxxxx@xxx.xxx.xx
Sent:
Thursday, 20 March 2025 9:39 AM
To:
NOSSC-CANBERRA
Subject:
Report a Commonwealth crime - form submission ID #282714 (ACT)
Follow Up Flag:
Follow up
Flag Status:
Flagged
------

The following details were submitted via the AFP's online forms platform (forms.afp.gov.au):

Form Information

Site Name : AFP
Site Id : 71
Folder Name : Online forms
THE
Folder Id : 93
BY
Page Custom Form Name : Report a Commonwealth crime Page Custom Form Id : 139714 Url :
https://forms.afp.gov.au/online_forms/report-commonwealth-crime
Submission Id : 282714
UNDER
1982
Submission Time : 20 Mar 2025 9:38 am
Submission IP Address : 167.179.142.171
ACT

RELEASED

POLICE
Which Commonwealth crime would you like to report? : Cybercr
IS  ime committed against Commonwealth Government
departments or information systems of national significance Details of the crime : At around 3:20 PM on March 18, I
sent a media request via WhatsApp to eSafety Commissioner Julie Inman Grant, noting that the federal public servant
had enabled "disappearing messages" on the app. I captured a screenshot of the chat, which displayed the notice:
"New messages will disappear from this chat 24 hours after they’re sent, except when kept." The Commissioner did
FEDERAL
not "keep" my message, which pertained to government business, and it was d
INFORMATION eleted 24 hours later.
After seeking legal advice, I learned that public servants, including the eSafety Commissioner, are obligated to retain
DOCUMENT
WhatsApp messages related to government activities. Un
OF  der Section 24(1) of the Archives Act, destroying a
Commonwealth record is an offense. The National Archives of Australia (NAA) guidance further clarifies that social
media and instant messaging content—s
THIS  uch as posts, messages, and comments—created or received during
Australian Government business constitute Commonwealth records (see NAA: https://www.naa.gov.au/information-
management/managing-information-assets/types-information/managing-social-media-and-instant-messaging-im).
AUSTRALIAN
User Agent : Mozilla/5.0 (Macintosh; Intel Mac OS X 10_15_7) AppleWebKit/605.1.15 (KHTML, like Gecko)
FREEDOM
Version/17.6 Safari/605.1.15 IP / Port number : 167.179.142.171 / Do you require a response? : Yes - I want to have
my report assessed by the AFP.
THE

** Acceptance of AFP's Privacy Statement **

Privacy Statement Acceptance : Yes, I understand and accept the AFP's Privacy Statement

** Your contact details **

Surname : Yemini
Given names : Avraham
Date of birth :
s 47F(1)
Email address : xxx@xxxxxxxxx.xxx
Confirm email address : xxx@xxxxxxxxx.xxx Phone number :
s 47F(1)
Postal address :
State/Territory where the crime was committed? : ACT Report Type Selected : a Commonwealth crime

** Offenders details **
1
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Page 26

Surname :  Inman Grant
Given names : Julie
Date of birth :
Email address :
Phone number :
s 47F(1)
Postal address :
Report Type Selected : a Commonwealth crime



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FUNCTIONAL GOVERNANCE INSTRUMENT
OFFICIAL
/ Better Practice Guide on AFP Managed
Mobile Devices & Social Media

Table of contents
s 22(1)(a)(ii)
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FUNCTIONAL GOVERNANCE INSTRUMENT
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/ Better Practice Guide on AFP Managed
Mobile Devices & Social Media

s 22(1)(a)(ii)
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6. Social media
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6.2.
AFP usage of messaging applications
•  Any official information shared on these platforms is to be rated no higher than OFFICIAL,
unless specified below.
AFP  /  CHIEF INFOR
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OFFICIAL

FUNCTIONAL GOVERNANCE INSTRUMENT
OFFICIAL
/ Better Practice Guide on AFP Managed
Mobile Devices & Social Media

•  Any decisions made on these platforms must also be recorded into AFP ICT systems (exception
of AFP Teams), i.e. PROMIS or Outlook, refer to National Guideline information management.
•  AFP Microsoft Teams is approved for use up to PROTECTED.
•  Apple Messages and Signal are approved for use no higher than OFFICIAL.
•  For a complete list of approved and unapproved apps see, AFP iPhone Apps.
Note: when considering the installation of any application users should be aware of:
•  Security considerations such as data privacy and application access requirements, and
•  Business need or reasonable personal use restrictions for the application on an enterprise
mobile.
•  If any formal decision making of an official nature is made on messaging applications, a copy
must be made to an official AFP system for recordkeeping purposes. The use of disappearing
THE
messages is prohibited.
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