AWB Inquiry

Evelyn Doyle made this Freedom of Information request to Australian Federal Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear FOI Coordinator
Australian Federal Police

I am seeking the following documents under the Commonwealth Freedom of Information Act 1982.

1. Ministerial Briefs, talking points, hot issues Briefs and internal emails/correspondence relating to claims made by former AFP Agent, Mr Ross Fusca alleging the offering of inducements to shut down the AWB investigation as reported in the media.

Thank you in advance for any assistance with this request.

Yours faithfully

Evelyn Doyle

FOI, Australian Federal Police

You have reached the AFP Information Access Team, Government Relations email inbox.

Your enquiry or request for access to information under the Freedom of Information Act 1982 is receiving attention.

You should receive a formal response within 7-14 days.

Enquiries regarding your request can be made to 02 6131 6131.

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Karthikeyan, Nimalan, Australian Federal Police

1 Attachment

UNCLASSIFIED

Our ref: CRM 2013/110

 

22 October2012

 

 

Dear Ms Evelyn Doyle,

         

I refer to your application/email dated 16 October 2011 in which you seek
access to documents under the Freedom of Information Act 1982 (the Act).

 

Your request was received by this agency on 16 October 2012 and the 30 day
statutory period for processing your request commenced from that date.

 

You will be notified of any charges in accordance with the Freedom of
Information (Fees and Charges) Regulations, should they apply, in relation
to your request as soon as practicable. 

 

Yours sincerely

 

 

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS
POLICY & GOVERNANCE

Tel +61(0) 2 61313465  Ext 143465

[1]www.afp.gov.au

 

UNCLASSIFIED

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Evelyn Doyle left an annotation ()

The GIF image was an AFP letterhead logo.

Dear Karthikeyan, Nimalan,

Thank you. I look forward to receiving the relevant documents.

Yours sincerely,

Evelyn Doyle

Karthikeyan, Nimalan, Australian Federal Police

2 Attachments

UNCLASSIFIED

Dear Ms Doyle

 

I refer to your request for access to documents under the Freedom of
Information Act 1982 received by this office on 22 October 2012.

 

On an initial assessment of your request, we have determined your request
is too voluminous to process in its current form and accordingly AFP is
issuing a notice under Section 24AB(2) of the FOI Act.

 

Please consider this request and provide an early response.

 

Thanks and kind regards

 

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS
POLICY & GOVERNANCE

Tel +61(0) 2 61313465  Ext 143465

[1]www.afp.gov.au

 

UNCLASSIFIED

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Dear Karthikeyan, Nimalan,

Thank you for your recent correspondence regarding my FOI request.

Would you be able to tell me which documents in my original request prove too voluminous and which would require the greatest amount of work to process. This information will assist me in refining my earlier request to reduce the burden of work on the AFP.

I will phone you soon seeking advice on where to proceed from here.

Thanks again.

Yours sincerely,

Evelyn Doyle

Henare Degan left an annotation ()

So others don't need to open the document, the Section 24AB(2) Notice states that to fulfil this request would require:

* "1,953 hours of Freedom of Information staff time"
* "11,500 pages of information"
* "a processing fee of approximately $42,645"

Karthikeyan, Nimalan, Australian Federal Police

UNCLASSIFIED

Dear Ms Doyle

We thank you for your email of 6 November 2012 in relation to our notice to refuse.

At present, the AFP is unable to provide you with specific details of documents due to the broad nature of your request.

As stated in our intention to refuse letter dated 31October 2012 relating to Notice under section 24AB (2) of FOI Act, your request in its current form is too broad to process.

Further, we also stated in our communication, if you would consider narrowing your request to seeking access to more specific documents, perhaps within a stipulated timeframe, then we would consider removing the ground for section 24AB refusal.

We shall be thankful for your advice

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au
-----Original Message-----
From: Evelyn Doyle [mailto:[FOI #3 email]]
Sent: Tuesday, 6 November 2012 7:44 PM
To: Karthikeyan, Nimalan
Subject: Re: Freedom of Information Request- Re AWB-CRM2013/110 and Section 24AB(2) Notice [SEC=UNCLASSIFIED]

Dear Karthikeyan, Nimalan,

Thank you for your recent correspondence regarding my FOI request.

Would you be able to tell me which documents in my original request
prove too voluminous and which would require the greatest amount of
work to process. This information will assist me in refining my
earlier request to reduce the burden of work on the AFP.

I will phone you soon seeking advice on where to proceed from here.

Thanks again.

Yours sincerely,

Evelyn Doyle

-----Original Message-----

UNCLASSIFIED

Dear Ms Doyle

 

I refer to your request for access to documents under the Freedom
of
Information Act 1982 received by this office on 22 October 2012.

 

On an initial assessment of your request, we have determined your
request
is too voluminous to process in its current form and accordingly
AFP is
issuing a notice under Section 24AB(2) of the FOI Act.

 

Please consider this request and provide an early response.

 

Thanks and kind regards

 

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS
POLICY & GOVERNANCE

Tel +61(0) 2 61313465  Ext 143465

[1]www.afp.gov.au

 

UNCLASSIFIED

References

Visible links
1. http://www.afp.gov.au/

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Evelyn Doyle left an annotation ()

Today I phoned Mr Nimalan Karthikeyan to seek advice about refining my FOI request. He advised me to think about exactly the sort of documents I want, taking advice from the attached letter advising intention to refuse.

Henare Degan left an annotation ()

This doesn't sound right to me.

Why would the AFP have "11,500 pages of information" exclusively about "claims made by former AFP Agent, Mr Ross Fusca alleging the offering of inducements to shut down the AWB investigation as reported in the media."

That seems like a mighty big investigation into the claims made by Ross Fusca to me.

Dear Mr Nimalan Karthikeyan

In response to your letter dated 07 November 2012 relating to Notice to refuse under section 24AB (2) of the FOI Act please note a revision of terms as follows:

1. Ministerial Briefs and talking points for the Minister for Home Affairs, the Hon Brendan O'Connor MP for the period April 2012 - November 2012 relating to claims made by former AFP Agent,
Mr Ross Fusca alleging the offering of inducements to shut down the AWB investigation prematurely.

2. Any ministerials written/signed by Mr O'Connor to the Attorney-General on this matter during the same timeframe.

3. A copy of the advice from barrister Peter Hastings QC suggesting it was not in the public interest to continue the investigation.

Please let me know if you require any further clarification. Thank you again for your assistance with this request.

Yours sincerely,

Evelyn Doyle

Evelyn Doyle left an annotation ()

The advice I received pointed to my original request which did not specify a timeframe.

My personal interpretation of the advice provided was the scope of the request might be interpreted as not limited to all documents relating to Mr Fusca's recent claims but by association, all documents relating to the Inquiry and original investigation into the AWB - which might have proven'voluminous'.

Hopefully my revision will allow the request to proceed.

Karthikeyan, Nimalan, Australian Federal Police

UNCLASSIFIED

Dear Ms Evelyn Doyle

We thank you for your email of & November 2012 wherein you have narrowed down your request.

Having scrutinised your mail, we would like to inform you during the period requested that is from April 2012-November 2012 the Minister for Home Affairs and Justice was Hon Jason Clare, who assumed the said post on 11 December 2011.Prior to that the Minister in charge was Hon Brendan O'Connor.

As such, could you once again specify exactly the period you would like us to look into?

Please revert to us asap as we need to reassess the resources and time required at our end to process your revised request.

Await your kind advice.

Kind regards

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au
-----Original Message-----
From: Evelyn Doyle [mailto:[FOI #3 email]]
Sent: Wednesday, 7 November 2012 5:26 PM
To: Karthikeyan, Nimalan
Subject: RE: Freedom of Information Request- Re AWB-CRM2013/110 and Section 24AB(2) Notice [SEC=UNCLASSIFIED]

Dear Mr Nimalan Karthikeyan

In response to your letter dated 07 November 2012 relating to
Notice to refuse under section 24AB (2) of the FOI Act please note
a revision of terms as follows:

1. Ministerial Briefs and talking points for the Minister for Home
Affairs, the Hon Brendan O'Connor MP for the period April 2012 -
November 2012 relating to claims made by former AFP Agent,
Mr Ross Fusca alleging the offering of inducements to shut down the
AWB investigation prematurely.

2. Any ministerials written/signed by Mr O'Connor to the
Attorney-General on this matter during the same timeframe.

3. A copy of the advice from barrister Peter Hastings QC suggesting
it was not in the public interest to continue the investigation.

Please let me know if you require any further clarification. Thank
you again for your assistance with this request.

Yours sincerely,

Evelyn Doyle

-----Original Message-----

UNCLASSIFIED

Dear Ms Doyle


We thank you for your email of 6 November 2012 in relation to our
notice to refuse.

At present, the AFP is unable to provide you with specific details
of documents due to the broad nature of your request.

As stated in our intention to refuse letter dated 31October 2012
relating to Notice under section 24AB (2) of FOI Act, your request
in its current form is too broad to process.

Further, we also stated in our communication, if you would consider
narrowing your request to seeking access to more specific
documents, perhaps within a stipulated timeframe, then we would
consider removing the ground for section 24AB refusal.

We shall be thankful for your advice


NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY &
GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au

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UNCLASSIFIED
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This email message and any attached files may contain information
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Dear Mr Karthikeyan

My apologies, I should have referred to the current Minister for Home Affairs and Justice, the Hon Jason Clare. The scope remains the same ie. during the period April 2012 - November 2012.

Thanks again

Yours sincerely,

Evelyn Doyle

Karthikeyan, Nimalan, Australian Federal Police

UNCLASSIFIED

Thank you Evelyn for your clarification and advice.

Kind regards

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au

-----Original Message-----
From: Evelyn Doyle [mailto:[FOI #3 email]]
Sent: Monday, 12 November 2012 8:22 PM
To: Karthikeyan, Nimalan
Subject: Re: Clarification/RE: Freedom of Information Request- Re AWB-CRM2013/110 and Section 24AB(2) Notice [SEC=UNCLASSIFIED]

Dear Mr Karthikeyan

My apologies, I should have referred to the current Minister for
Home Affairs and Justice, the Hon Jason Clare. The scope remains
the same ie. during the period April 2012 - November 2012.

Thanks again

Yours sincerely,

Evelyn Doyle

-----Original Message-----

UNCLASSIFIED

Dear Ms Evelyn Doyle

We thank you for your email of & November 2012 wherein you have
narrowed down your request.

Having scrutinised your mail, we would like to inform you during
the period requested that is from April 2012-November 2012 the
Minister for Home Affairs and Justice was Hon Jason Clare, who
assumed the said post on 11 December 2011.Prior to that the
Minister in charge was Hon Brendan O'Connor.

As such, could you once again specify exactly the period you would
like us to look into?

Please revert to us asap as we need to reassess the resources and
time required at our end to process your revised request.

Await your kind advice.

Kind regards

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY &
GOVERNANCE AUSTRALIAN FEDERAL POLICE




Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au

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UNCLASSIFIED
**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
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Karthikeyan, Nimalan, Australian Federal Police

1 Attachment

UNCLASSIFIED

Dear Ms Evelyn Doyle,

Further to our email of 13 November 2012, in order to process your narrowed down scope as per guidelines of FOI Act, we kindly seek your agreement to the proposed extension of time. Annexed herewith is our letter relating to the above request.

We would appreciate your advice.

Kind regards

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au
-----Original Message-----
From: Karthikeyan, Nimalan
Sent: Tuesday, 13 November 2012 8:29 AM
To: Evelyn Doyle
Subject: RE: Clarification/RE: Freedom of Information Request- Re AWB-CRM2013/110 and Section 24AB(2) Notice [SEC=UNCLASSIFIED]

UNCLASSIFIED

Thank you Evelyn for your clarification and advice.

Kind regards

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au

-----Original Message-----
From: Evelyn Doyle [mailto:[FOI #3 email]]
Sent: Monday, 12 November 2012 8:22 PM
To: Karthikeyan, Nimalan
Subject: Re: Clarification/RE: Freedom of Information Request- Re AWB-CRM2013/110 and Section 24AB(2) Notice [SEC=UNCLASSIFIED]

Dear Mr Karthikeyan

My apologies, I should have referred to the current Minister for
Home Affairs and Justice, the Hon Jason Clare. The scope remains
the same ie. during the period April 2012 - November 2012.

Thanks again

Yours sincerely,

Evelyn Doyle

-----Original Message-----

UNCLASSIFIED

Dear Ms Evelyn Doyle

We thank you for your email of & November 2012 wherein you have
narrowed down your request.

Having scrutinised your mail, we would like to inform you during
the period requested that is from April 2012-November 2012 the
Minister for Home Affairs and Justice was Hon Jason Clare, who
assumed the said post on 11 December 2011.Prior to that the
Minister in charge was Hon Brendan O'Connor.

As such, could you once again specify exactly the period you would
like us to look into?

Please revert to us asap as we need to reassess the resources and
time required at our end to process your revised request.

Await your kind advice.

Kind regards

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY &
GOVERNANCE AUSTRALIAN FEDERAL POLICE




Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au

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Please use this email address for all replies to this request:
[FOI #3 email]

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UNCLASSIFIED

UNCLASSIFIED
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This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
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are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
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Evelyn Doyle left an annotation ()

This letter seeks an extension of time to 15 December 2012 to allow time to consult with other parties. The intention to refuse due to unreasonable diversion of resources has been removed after receiving my re-wording of the original request.

Dear Mr Nimalan

Please accept my agreement to the proposed extension of time to 15 December 2012 as outlined in your letter.

Yours sincerely,

Evelyn Doyle

Karthikeyan, Nimalan, Australian Federal Police

UNCLASSIFIED

Good morning Ms. Evelyn Doyle and we thank you for your prompt advice re agreement.

Kind regards

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au
-----Original Message-----
From: Evelyn Doyle [mailto:[FOI #3 email]]
Sent: Wednesday, 14 November 2012 10:53 PM
To: Karthikeyan, Nimalan
Subject: Re: Request for Extension under 15AA of the FOI Act/RE: Clarification/RE: Freedom of Information Request- Re AWB-CRM2013/110 and Section 24AB(2) Notice [SEC=UNCLASSIFIED]

Dear Mr Nimalan

Please accept my agreement to the proposed extension of time to 15
December 2012 as outlined in your letter.

Yours sincerely,

Evelyn Doyle

-----Original Message-----

UNCLASSIFIED

Dear Ms Evelyn Doyle,

Further to our email of 13 November 2012, in order to process your
narrowed down scope as per guidelines of FOI Act, we kindly seek
your agreement to the proposed extension of time. Annexed herewith
is our letter relating to the above request.

We would appreciate your advice.

Kind regards

NIMALAN KARTHIKEYAN
SENIOR TEAM MEMBER,INFORMATION ACCESS-GOVERNMENT RELATIONS POLICY &
GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61313465 Ext 143465
www.afp.gov.au

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #3 email]

Disclaimer: This message and any reply that you make will be
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-------------------------------------------------------------------

UNCLASSIFIED
**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
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are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
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attached files is strictly forbidden, as is the disclosure of the
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AFP Web site: http://www.afp.gov.au
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Dear Mr Karthikeyan

I am seeking an update on the status of my FOI request in relation to the AWB Inquiry. I note the due date for response including the extension is 15 December 2012 which has now passed.

Thank you in advance for any information about the status of my request.

Yours sincerely

Evelyn Doyle

Evelyn Doyle left an annotation ()

I spoke to the FOI area today and was advised the request is awaiting signature from the manager and will be forwarded as soon as decision finalised.

FOI, Australian Federal Police

2 Attachments

UNCLASSIFIED

Dear Ms Doyle

 

Please find attached our decision letter, schedule of documents and
documents in respect of your Freedom of Information Request.

 

Regards,

ON BEHALF OF COORDINATOR
INFORMATION ACCESS TEAM

GOVERNMENT RELATIONS
POLICY & GOVERNANCE
[1]cid:image001.gif@01CDDECD.581A6840
Tel +61(0) 2 61316131  

Fax +61(0) 2 6132 6082

[2]www.afp.gov.au

 

 

UNCLASSIFIED

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Evelyn Doyle left an annotation ()

Mostly exemptions based around personal information and effects of releasing information may affect future cooperation from the public in AFP investigations. I am not sure how this would be so, the case hinges around public figures ie. businessmen, police, public servants and politicians. The third aspect of the request was exempted entirely as being privileged information. The documents I did receive were denying the allegations by Mr Fusca - Talking points and in a Brief that states no corruption was found to exist on this topic. Very little information was released.

Evelyn Doyle left an annotation ()

I note that the documents related to this request have not yet appeard on the AFP disclosure log.