Commonwealth Director
of Public Prosecutions
GPO BOX 3104, Canberra ACT 2601
Level 3, 28 Sydney Avenue
Forrest ACT 2603
Telephone
(02) 6206 5666
Facsimile (02) 6257 5709
www.cdpp.gov.au
19 December 2019
Mr Steve Smith
By Email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
FREEDOM OF INFORMATION REQUEST - NOTICE OF DECISION UNDER SECTION 26 OF THE FREEDOM OF
INFORMATION ACT 1982 (“FOI ACT”)
I refer to your email dated 19 November 2019 in which you requested access under the FOI Act to the
following documents:
I am requesting all documents comprising correspondence between ACLEI and CDPP relating to
the investigation and prosecution of Ramzi Jabbour re “ACT Courts list AM/2409/19 Ramzi
Jabbour 7 Nov 2019 9:00 AM”
AUTHORISATION
I am a person authorised by the Director of Public Prosecutions to make decisions on requests for access
to documents under section 23 the FOI Act. My name and position are:
Deanna Cooke
Principal Federal Prosecutor
REASONS FOR DECISION AND FINDINGS OF MATERIAL FACT
In considering your application, I have taken the following into account:
the terms and scope of your request
the FOI Act
the Guidelines issued by the Australian Information Commissioner under section 93A of the FOI
Act (available o
n www.oaic.gov.au).
I have made the following findings of material fact:
Your application was made in writing on 19 November 2019.
Your application is in relation to an Australian Commission for Law Enforcement Integrity
(“ACLEI”) prosecution that is currently on foot in the ACT.
DECISION
Fifty documents were found to fall within the scope of your request.
All documents requested, including emails between CDPP officers and ACLEI officers are exempt from
production in their entirety under section 42 of the FOI Act. The documents requested are confidential
communications relating to litigation that was anticipated to commence or has been commenced or
arises out of the conduct of current proceedings, and are therefore subject to legal professional privilege.
There has not been any waiver of that privilege. As the prosecution subject to the request is currently on
foot, I have determined that there is an unacceptable risk of real harm in releasing the documents. I have
considered whether the exempt parts could be redacted and released, but determined that any
remaining information would be of little value.
In addition to the exemption under section 42 of the FOI Act, I also consider that two of those documents
are also exempt under section 37 of the FOI Act in that their release would prejudice the proper
administration of justice and a fair trial.
RIGHTS OF REVIEW
Under section 26 of the FOI Act I am required to inform you of your rights of review.
Section 54 of the FOI Act gives you the right to apply for internal review of a decision refusing to grant
access to documents. An application for internal review of a decision must be made in writing within 30
days of receipt of this letter. No particular form is required by it is desirable to set out in the application
the grounds on which you consider that the decision should be reviewed. An application may be sent to
xxx@xxxx.xxx.xx or to the following postal address:
FOI Coordinator
Commonwealth Director of Public Prosecutions
PO Box 3104
CANBERRA ACT 2617
If a decision on internal review goes against you, you are entitled to seek a review of that decision by the
Information Commissioner. Alternatively, you are entitled to bypass the internal review process and
make an application directly with the Office of the Australian Information Commissioner pursuant to
section 54L of the FOI Act.
An application to the Information Commissioner may be made in writing and should be directed to the
following address:
Information Commissioner (Reviews)
GPO Box 5218
SYDNEY NSW 2001
The Information Commissioner also accepts online requests via their website. You can locate the
relevant form at
www.oaic.gov.au.
Yours faithfully
Deanna Cooke
Principal Federal Prosecutor
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