CDPP guidance documents for criminal offences related to the proper administration of government
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
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
-----Original Message-----
From: Trav S <[FOI #8582 email]>
Sent: Thursday, 10 March 2022 7:47 AM
To: CDPP Inquiries <[CDPP request email]>
Subject: Freedom of Information request - CDPP guidance documents for
criminal offences related to the proper administration of government
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[2][FOI #8582 email]
Is [3][CDPP request email] the wrong address for Freedom of Information
requests to Office of the Commonwealth Director of Public Prosecutions? If
so, please contact us using this form:
[4]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[5]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
********************************************************************** The
information contained in this message and in any attachments is privileged
and confidential and intended only for the use of the addressee. You
should not read, copy, use or disclose this information without
authorisation. If you are not the intended recipient of this message,
please e-mail the sender immediately and delete this message. Any
unauthorised dissemination, disclosure, copying or use of the contents of
this message is prohibited and may result in legal action.
**********************************************************************
References
Visible links
1. https://www.cdpp.gov.au/sites/default/fi...
2. mailto:[FOI #8582 email]
3. mailto:[CDPP request email]
4. https://www.righttoknow.org.au/change_re...
5. https://www.righttoknow.org.au/help/offi...
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
-----Original Message-----
From: Trav S <[2][FOI #8582 email]>
Sent: Thursday, 10 March 2022 7:47 AM
To: CDPP Inquiries <[3][CDPP request email]>
Subject: Freedom of Information request - CDPP guidance documents for
criminal offences related to the proper administration of government
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #8582 email]
Is [5][CDPP request email] the wrong address for Freedom of Information
requests to Office of the Commonwealth Director of Public Prosecutions? If
so, please contact us using this form:
[6]https://www.righttoknow.org.au/change_re...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[7]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
********************************************************************** The
information contained in this message and in any attachments is privileged
and confidential and intended only for the use of the addressee. You
should not read, copy, use or disclose this information without
authorisation. If you are not the intended recipient of this message,
please e-mail the sender immediately and delete this message. Any
unauthorised dissemination, disclosure, copying or use of the contents of
this message is prohibited and may result in legal action.
**********************************************************************
References
Visible links
1. https://www.cdpp.gov.au/sites/default/fi...
2. mailto:[FOI #8582 email]
3. mailto:[CDPP request email]
4. mailto:[FOI #8582 email]
5. mailto:[CDPP request email]
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...
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
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
-----Original Message-----
From: Trav S <[1][FOI #8582 email]>
Sent: Monday, 11 April 2022 7:33 PM
To: CDPP Inquiries <[2][CDPP request email]>
Subject: Internal review of Freedom of Information request - CDPP guidance
documents for criminal offences related to the proper administration of
government
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 [
[3]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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #8582 email]
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[5]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
Classification: OFFICIAL
********************************************************************** The
information contained in this message and in any attachments is privileged
and confidential and intended only for the use of the addressee. You
should not read, copy, use or disclose this information without
authorisation. If you are not the intended recipient of this message,
please e-mail the sender immediately and delete this message. Any
unauthorised dissemination, disclosure, copying or use of the contents of
this message is prohibited and may result in legal action.
**********************************************************************
References
Visible links
1. mailto:[FOI #8582 email]
2. mailto:[CDPP request email]
3. https://www.cdpp.gov.au/sites/default/fi...
4. mailto:[FOI #8582 email]
5. https://www.righttoknow.org.au/help/offi...
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
OFFICIAL
Dear Trav S
Confirming receipt of your email below.
Regards,
CDPP FOI Coordinator
Classification: OFFICIAL
-----Original Message-----
From: Trav S <[FOI #8582 email]>
Sent: Monday, 25 April 2022 6:31 PM
To: FOI <[email address]>
Subject: RE: Internal review of Freedom of Information request - CDPP guidance documents for criminal offences related to the proper administration of government [SEC=OFFICIAL]
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
-----Original Message-----
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8582 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
********************************************************************** The information contained in this message and in any attachments is privileged and confidential and intended only for the use of the addressee. You should not read, copy, use or disclose this information without authorisation. If you are not the intended recipient of this message, please e-mail the sender immediately and delete this message. Any unauthorised dissemination, disclosure, copying or use of the contents of this message is prohibited and may result in legal action. **********************************************************************
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
-----Original Message-----
From: FOI <[email address]>
Sent: Wednesday, 27 April 2022 9:11 AM
To: Trav S <[FOI #8582 email]>; FOI <[email address]>
Subject: RE: Internal review of Freedom of Information request - CDPP guidance documents for criminal offences related to the proper administration of government [SEC=OFFICIAL]
OFFICIAL
Dear Trav S
Confirming receipt of your email below.
Regards,
CDPP FOI Coordinator
Classification: OFFICIAL
-----Original Message-----
From: Trav S <[FOI #8582 email]>
Sent: Monday, 25 April 2022 6:31 PM
To: FOI <[email address]>
Subject: RE: Internal review of Freedom of Information request - CDPP guidance documents for criminal offences related to the proper administration of government [SEC=OFFICIAL]
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
-----Original Message-----
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
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #8582 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
********************************************************************** The information contained in this message and in any attachments is privileged and confidential and intended only for the use of the addressee. You should not read, copy, use or disclose this information without authorisation. If you are not the intended recipient of this message, please e-mail the sender immediately and delete this message. Any unauthorised dissemination, disclosure, copying or use of the contents of this message is prohibited and may result in legal action. **********************************************************************