
Our ref: CRM2021/211
26 October 20202
Ms Tesi
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Tesi
Freedom of Information Request
I refer to your request dated 2 October 2020 for documents held by the Australian Federal
Police (
AFP) pursuant to the
Freedom of Information Act 1982 (the Act) in relation to:
“
Copies of the Memorandum of Understanding concerning co-operation and
information sharing between the Australian Federal Police and the new South Wales
Law Society, NSW Legal Services commissioner and the Qld Law Society and Legal
Services commissioner”
The Commissioner of the AFP, being the principal officer of the agency, has authorised me to
make decisions on behalf of the agency in respect of the Act.
SEARCHES
In relation to this request, AFP Legal undertook a search for documents as follows:
relevant computer database utilised by AFP Legal;
Commercial & Governance Shared computer folders and drives;
a search by officers with responsibility for external agreements within the
Governance team and Legal branch;
External agreements register on the AFP Internal HUB; and
search terms used “Memorandum of Understanding”, “MOU”, “NSW Law Society”,
“NSW Legal Services Commissioner”, “QLD Law Society”, and “Legal Services
Commissioner.”
On the basis of the above searches and response from AFP Legal Commercial and
Government Team, I consider all places where documents might be held were searched and
the search terms were comprehensive enough to locate any relevant document.
Apart from the file made up for your FOI request, no documents relating to your request have
been located in the possession of the AFP.
FREEDOM OF INFORMATION
Australian Federal Police
ABN 17 864 931 143
GPO Box 401 Canberra City ACT 2601
|
|
Email: xxx@xxx.xxx.xx
afp.gov.au
Accordingly, I am satisfied all reasonable searches have been conducted. Therefore, on this
basis, your request for access is refused under section 24A(b)(ii) of the Act.
Section 24A states:
“An agency or Minister may refuse a request for access to a document if:
(a)
all reasonable steps have been taken to find the document; and
(b)
the agency or Minister is satisfied that the document:
(i)
is in the agency’s or Minister’s possession but cannot be
found; or
(ii)
does not exist.”
REVIEW AND COMPLAINT RIGHTS
If you are dissatisfied with a Freedom of Information decision made by the Australian Federal
Police, you can apply either for internal review of the decision, or for a review by the
Information Commissioner (IC). You do not have to apply for internal review before seeking
review by the IC.
For complaints about the AFP’s actions in processing your request, you do not need to seek
review by either the AFP or the IC in making your complaint.
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 internal review in writing to the 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 reviewing the file 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 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
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 assist if you set out the reasons for review in your application.
Section 54S of the Act provides 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 IC Review 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 this process can be found in Part 10 of the Guidelines which are available
on the OAIC’s website a
t 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. 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.
The IC may be contacted on 1300 363 992.
Yours sincerely
Jacqueline Ellery
Principal FOI Officer/Team Leader
Chief Counsel Portfolio
Australian Federal Police