FREEDOM OF INFORMATION
GPO Box 401 Canberra City ACT 2601
Telephone 02 6131 6131 Facsimile 02 6132 6082
Emai
l xxx@xxx.xxx.xx
www.afp.gov.au
ABN 17 864 931 143
Our ref: 2015/372
1 April 2015
Mr Phillip Sweeney
By Email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Sweeney,
Freedom of Information request
I refer to your email dated 11 March 2015 under the
Freedom of Information
Act 1982 (the Act) seeking the following:
“The document I seek is a document which states on its face “How the
Commissioner of the Australian Federal Police can prove the fraud”.
Attached at Annexure A to this letter is my decision and statement of reasons
for that decision. A “Schedule of Documents” identified as falling into the scope
of your request is at Annexure B.
Information Publication Scheme (IPS)
As notified to you on 18 March 2015 and in accordance with section 11C of the
Act, it has been decided to publish the documents in full in respect of your
request. Publication of the documents and any relevant 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
Nathan Scudder
Coordinator
Information Access
Operations Support
Australian Federal Police
A
STATEMENT OF REASONS RELATING TO AN FOI REQUEST BY
PHILLIP SWEENEY
I, Nathan Scudder, Coordinator, Freedom of Information, 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 11 March 2015, this office received your email in which you requested:
“The document I seek is a document which states on its face “How the
Commissioner of the Australian Federal Police can prove the fraud”.
SEARCHES
In relation to this request, a search was conducted of the AFP’s investigation
case management system PROMIS for records relating to your request.
DECISION
I have identified one document relevant to your request. A schedule of the
documents and details of my decision in relation to the document is at
Annexure B.
I have decided that the documents itemised at Annexure B are released to you
in its entirety.
WAIVER OF CHARGES
Further, given that the request has totalled only 13 pages and was not a complex
request to process, I am waiving any further fees and charges which are normally
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 documents listed in the attached schedule;
Freedom of Information Act 1982;
Guidelines issued by the Department of Prime Minister and Cabinet; and
Guidelines issued by the Office of the Australian Information
Commissioner.
REVIEW RIGHTS
If you are dissatisfied with this decision you can apply for internal or Information
Commissioner (IC) Review. You do not have to apply for Internal Review before
seeking IC review.
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 this Department within 30 days of being notified of this decision.
No particular form is required but it would assist the decision-maker were you
to set out in the application, the grounds on which you consider that the
decision should be reviewed.
Applications for a review of the decision should be addressed to:
Freedom of Information
Operations Support
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 2999
Canberra ACT 2601
Right to Complain
Section 70 of the Act provides that a person may complain to the IC about action
taken by this Department 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.