Abuse of Public Office
Phillip Sweeney made this Freedom of Information request to Office of the Commonwealth Director of Public Prosecutions
Dear Office of the Commonwealth Director of Public Prosecutions,
Under the section titled "General Prosecutions" - "Offences" on the CDPP website is
s.142.2(1) Criminal Code - abuse of public office
The documents I seek are:
(i) documents held by the CDPP that would identify previous prosecutions for this offence by the CDPP; and
(ii) any guidelines in the possession of CDPP that would be used by the CDPP to prosecute a Commonwealth Public Officer who had contravened this section of the Criminal Code.
Dear Mr Sweeney
The CDPP acknowledges your email. We will respond to your request as soon
as practicable and within the timeframe set out in section 15 of the
Freedom of Information Act 1982 (the FOI Act).
The COVID-19 pandemic may impact the CDPP's ability to process FOI
requests. Where necessary, the CDPP will seek an applicant's agreement to
extend the processing timeframe.
I note part of your request is seeking 'documents held by the CDPP that
would identify previous prosecutions for this offence by the CDPP'. I
interpret this part of your request as seeking a report setting out data
on matters which resulted in a penalty outcome for offences against
s142.2(1) of the Criminal Code (Cth). Unless you advise otherwise, I
intend to set out the data using the following column headings:
File; Referring Agency; Phase; Sentenced/ Finalised; Court; Offence/
Counts/ Charge No; Plea/ Outcome; Penalties
CDPP FOI Coordinator