Our ref: CRM 2021/76
31 August 2020
Mr John Smith
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Freedom of Information request
I refer to your application dated 30 July 2020 under the
Freedom of Information Act 1982 (the
Act).
Attached at Annexure A to this letter is my decision and statement of reasons for that
decision.
Information Publication Scheme (IPS)
Please be advised that in accordance with section 11C of the Act, it has been decided to
publish the documents in ful in respect of your request.
Publication of the documents will be made on the AFP website at
http://www.afp.gov.au/about-the-afp/information-publication-scheme/routinely-requested-
information.aspx between 5 and 10 days after notification of this decision.
Yours sincerely,
Jacqueline Ellery
Principal FOI Officer/Team Leader
Freedom of Information and Information Law
Chief Counsel Portfolio
FREEDOM OF INFORMATION
Australian Federal Police
ABN 17 864 931 143
GPO Box 401 Canberra City ACT 2601 |
Telephone: 02 6131 6131
| Email: xxx@xxx.xxx.xx
afp.gov.au
A
STATEMENT OF REASONS RELATING TO AN FOI REQUEST BY
JOHN SMITH, RIGHT TO KNOW
I, Jacqueline Ellery, Principal FOI Officer/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.
What follows is my decision and reasons for the decision in relation to your application.
BACKGROUND
On 30 July 2020, this office received your application in which you requested:
“A document that contains a list of all the position/job titles of every non-APS
contractor working within your department.
e.g. a position title may be: 'security guard', or 'consultant', or 'APS3 FOI officer', etc.
You may omit repeating a position title when there exist multiple contractors who have
that position title. Additionally, if it would not be too onerous, please indicate the
number of contractors that hold each position title.
If no such document exists please produce a document containing the information
under s17.”
SEARCHES
In relation to this application, a search was undertaken by the People and Culture Command
and Chief Financial Officer for the information relevant to the scope of the request.
DECISION
I have identified one document relevant to your request.
I have decided that the document is released to you in its entirety.
WAIVER OF CHARGES
Further, given that the request comprises one document, on this occasion, I am waiving any
further fees and charges which are normal y associated with the processing of applications under
the Act.
EVIDENCE/MATERIAL ON WHICH MY FINDINGS WERE BASED
In reaching my decision, I have relied on the following documentary evidence:
the scope of your application;
the contents of the document;
advice from AFP officers with responsibility for matters relating to the documents to
which you sought access;
Freedom of Information Act 1982; and
Guidelines issued by the Office of the Australian Information Commissioner.
** YOU SHOULD READ THIS GENERAL ADVICE IN CONJUNCTION WITH THE LEGISLATIVE
REQUIREMENTS OF THE FREEDOM OF INFORMATION ACT 1982.
REVIEW AND COMPLAINT RIGHTS
If you are dissatisfied with a Freedom of Information decision made by the Australian Federal
Police, you can apply for an internal or Information Commissioner (IC) Review. You do not have
to apply for Internal Review before seeking an IC review.
You do not need to seek a review by either the AFP or the IC should you wish to complain about
the AFP’s actions in processing your request.
REVIEW RIGHTS under Part VI of the Act
Internal Review by the AFP
Section 53A of the Act gives you the right to apply for an internal review in writing to the
Australian Federal Police (AFP) within 30 days of being notified of a decision. No particular form
is required. It would assist the independent AFP decision-maker responsible for the internal
review if you set out in the application, the grounds on which you consider that the decision
should be reviewed.
Section 54B of the Act provides that the internal review submission must be made within 30
days. Applications for a review of the decision should be 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 (IC)
Alternatively, Section 54L of the Act gives you the right to apply directly to the IC or following
an internal review by the AFP. In making your application you will need to provide an address
for notices to be sent (this can be an email address) and a copy of the AFP decision. It would
also help if you set out the reasons for review in your application.
Section 54S of the Act provides for the timeframes for an IC review submission. For an
access
refusal decision covered by subsection 54L(2), the application must be made within 60 days.
For an
access grant decision covered by subsection 54M(2), the application must be made
within 30 days.
Applications for a review of the decision should be addressed to:
Office of the Australian Information Commissioner
GPO Box 5128
Sydney NSW 2001
Further, the OAIC encourages parties to an IC review to resolve their dispute informally, and
encourages agencies to consider possible compromises or alternative solutions to the dispute
in this matter. The AFP would be pleased to assist you in this regard.
Information about the IC review process can be found in Part 10 of the Guidelines which are
available on our website at
http://www.oaic.gov.au/publications/guidelines.html.
RIGHT TO COMPLAIN under Part VIIB of the Act
Section 70 of the Act provides that a person may complain to the IC about action taken by the
Australian Federal Police in relation to your application.
A complaint to the IC may be made in writing and identify the agency against which the
complaint is made.
The IC may be contacted on 1300 363 992. There is no particular form required to make a
complaint, but the complaint should set out the grounds on which you consider the action
should be investigated.
