Our reference: 15/68739
24 April 2015
Mr. Culley Palmer
By email: xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr. Palmer
Freedom of Information Request 15-6
I refer to your request for access under the
Freedom of Information Act 1982 (the FOI Act)
for a copy of the following documents:
“Copies of all briefings, communications, forms, reports or notes authored by the
Australian Crime Commission in the calendar year 2014, which mention or discuss
Gamma International’s FinFisher suite of software.”
Your request was received on 22 February 2015. An acknowledgment letter was sent on
28 February 2015 informing you that a decision was due to be made in relation to this
request by 24 March 2015. The compliance date was extended by consent to 14 April
2014. A further extension of time was sought, however the ACC received no response
from you in relation to that request.
Authority and Materials Considered
I am authorised under section 23 of the FOI Act to make a decision concerning the
information you have requested access to.
In reaching my decision I have taken into consideration:
the relevant provisions of the FOI Act;
relevant guidelines issued by the Office of the Australian Information Commissioner;
and
relevant Tribunal and Federal Court decisions concerning the operation of the FOI
Act.
ACC CANBERRA: GPO Box 1936 Canberra ACT 2601
T: (02) 6243 6666
F: (02) 6243 6687
W: www.crimecommission.gov.au
Summary of Decision
I have refused your request for access to documents because the documents you have
sought access to cannot be found or do not exist.
Reasons for Decision
Under section 24A of the FOI Act an agency may refuse access to a document if all
reasonable steps have been taken to find the document and the agency is satisfied that:
the document is in the agency’s possession but cannot be found, or
the document does not exist.
The ACC has taken comprehensive steps to locate the document, having regard to:
the subject matter of the documents
the current and past file management systems and the practice of destruction or
removal of documents
the records management systems in place
the individuals within the ACC who might have been able to assist with the location
of the documents, and
the age of the documents.
I consider that reasonable steps have been taken to locate the documents that are the
subject of your request. I am satisfied that the documents either cannot be found or do not
exist.
Your Review Rights
If you are dissatisfied with this decision you can apply for internal or Information
Commissioner review. You do not have to apply for internal review before seeking
Information Commissioner review.
Internal Review
You may seek internal review by making an application in writing to the ACC within 30
days of being notified of this decision. A written application for a review should be sent to
the FOI officer at xxx@xxxxxxxxxxxxxxx.xxx.xx, or by post to:
FOI Coordinator
Australian Crime Commission
GPO Box 1936
Canberra ACT 2601
Information Commissioner Review
Alternatively, you may apply in writing for review by the Information Commissioner. In
making your application you need to provide:
-an address for notices to be sent (this can be an email address)
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-a copy of this decision.
It would also help if you set out the reasons for review in your application. Requests for
review must be in writing and can be made via the website (www.oaic.gov.au), by email at
xxxxxxxxx@xxxx.xxx.xx, or by post at:
Office of the Australian Information Commissioner
GPO Box 2999
Canberra ACT 2601
If you are objecting to a decision to refuse access to documents you must apply to the
Information Commissioner within 60 days of being given notice of the decision. You can
contact the Information Commissioner by phone on 1300 363 992.
Right to Complain
You may make a complaint to the Information Commissioner about action taken by the
ACC in relation to your application. The complaint needs to be in writing and identify the
agency against which the complaint is made.
The Information Commissioner 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.
Yours sincerely,
Amy Dyde
FOI Delegate
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