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CDPP guidance documents for criminal offences related to the proper administration of government

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Dear Office of the CDPP,

Please accept our request for information in accordance with the FOI Act. We will be grateful if you will provide us with the most recent copy of the following documents:

1. Prosecution Policy of the Commonwealth - Guidelines for the making of decision in the prosecution process

2. Offence guide’s for
- General Dishonesty - section 135.1 of the Criminal Code
- Conspiracy to defraud - section 135.4 of the Criminal Code
- False or misleading information - section 137.1 of the Criminal Code
- False or misleading documents - section 137.2 of the Criminal Code

Thank you for your time.

Yours faithfully,

Trav S

FOI, Office of the Commonwealth Director of Public Prosecutions

OFFICIAL

 

Dear Trav S

 

The Commonwealth Director of Public Prosecutions (CDPP) acknowledges your
request pursuant to the Freedom of Information Act 1982 (Cth).

 

Your request was received on 10 March 2022 and the 30 day statutory period
for processing your request commences from the day after that date. You
can therefore expect to receive a decision on or before 11 April 2022
(being the first business day after the decision falls due). Please note
the 30 day statutory processing period may be extended in certain
circumstances.

 

I note your Freedom of Information request includes a request for the
Prosecution Policy of the Commonwealth (the Prosecution Policy). The
Prosecution Policy is publicly available on the CDPP website [1]here.

 

Regards,

CDPP FOI Coordinator

 

Classification: OFFICIAL

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FOI, Office of the Commonwealth Director of Public Prosecutions

2 Attachments

OFFICIAL

 

Dear Trav S

 

In response to your request of 10 March 2022 please find attached the
Decision Notice and a copy of the Prosecution Policy of the Commonwealth.

 

Regards,

CDPP FOI Coordinator

 

Classification: OFFICIAL

From: FOI
Sent: Thursday, 10 March 2022 1:53 PM
To: Trav S <[FOI #8582 email]>
Cc: FOI <[email address]>
Subject: RE: Freedom of Information request - CDPP guidance documents for
criminal offences related to the proper administration of government
[SEC=OFFICIAL]

 

OFFICIAL

 

Dear Trav S

 

The Commonwealth Director of Public Prosecutions (CDPP) acknowledges your
request pursuant to the Freedom of Information Act 1982 (Cth).

 

Your request was received on 10 March 2022 and the 30 day statutory period
for processing your request commences from the day after that date. You
can therefore expect to receive a decision on or before 11 April 2022
(being the first business day after the decision falls due). Please note
the 30 day statutory processing period may be extended in certain
circumstances.

 

I note your Freedom of Information request includes a request for the
Prosecution Policy of the Commonwealth (the Prosecution Policy). The
Prosecution Policy is publicly available on the CDPP website [1]here.

 

Regards,

CDPP FOI Coordinator

 

 

Classification: OFFICIAL

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Dear CDPP,

Thank you for releasing Part 1 of our FOI request in full. Please pass this on to the person who conducts Freedom of Information reviews. Please review the decision to refuse access to the four documents identified in Part 2 of our request.

A document is exempt under section 42(1) of the FOI Act if it is of such a nature that it would be privileged from production in legal proceedings on the ground of legal privilege. However:

1. CDPP claims National Offence Guide’s are exempt but such documents are publicly published on the CDPP website. Take for an example CDPP’s guide for General Dishonesty Section 135.1 of the Criminal Code [ https://www.cdpp.gov.au/sites/default/fi... ].
2. By virtue of their already publishing National Offence Guide's publicly on their website CDPP has acted in a manner that would appear to waive their legal professional privilege claim.
3. The requested documents are merely departmental guidelines. Section 3(1) of the FOI Act provide the Australian community with a legally enforceable right of access to information held by government. CDPP’s claim that such documents are exempt under section 135.1 is without merit. The FOI Act was never intended to block public access to standard departmental guidelines.
4. Standard CDPP National Offence Guides do not constitute legal advice given in confidence. They are merely departmental guides with which to guide a department and public servants. The documents belong to the Australian community to which we have a legally enforceable right of access - unless the documents are exempt or subject to conditional exemptions. They meet neither criteria
5. CDPP states as a reason for refusing access “that there is anticipated or actual litigation” however they do not provide a reasonable justification with which to evidence their claim.
6. It rings as hollow for CDPP to on one hand claim that the release of generic National Offence Guide would result in substantial prejudice to the CDPP when the CDPP currently publishes National Offence Guide’s online publicly.

Thank you for your time.

Kind regards

Trav S

FOI, Office of the Commonwealth Director of Public Prosecutions

OFFICIAL

 

Dear Trav S

 

The Commonwealth Director of Public Prosecutions acknowledges your request
for an internal review of a decision pursuant to the Freedom of
Information Act 1982.

 

Your request was received on 11 April 2022 and the 30 day statutory
processing period for processing your request commenced from the day after
that date. You can therefore expect to receive a decision on or before 11
May 2022.

 

Regards,

CDPP FOI Coordinator

 

 

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Please accept the correction below. My 11 April email should read:

3. The requested documents are merely departmental guidelines. Section 3(1) of the FOI Act provides the Australian community with a right of access to information held by government. CDPP’s claim that such documents are exempt under section 42(1) of the Act is without merit.

Yours sincerely,

Trav S

FOI, Office of the Commonwealth Director of Public Prosecutions

OFFICIAL
Dear Trav S

Confirming receipt of your email below.

Regards,
CDPP FOI Coordinator

Classification: OFFICIAL

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FOI, Office of the Commonwealth Director of Public Prosecutions

1 Attachment

OFFICIAL
Dear Trav S

Please find attached the Decision Notice in response to your request for an internal review of a decision.

Regards,
CDPP FOI Coordinator

Classification: OFFICIAL

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We don't know whether the most recent response to this request contains information or not – if you are Trav S please sign in and let everyone know.