Dear Australian Federal Police,
I am seeking information in relation to the complaint referral process in relation to
the Federal Circuit Court of Australia and the Jurisdiction of the AFP to
accept any such referrals.
Does the Federal Circuit court refer 'complaints' from members of the
public or is there a process involving referrals to the AFP from the
If the answer is yes, how many investigation referrals/requests were sent to the AFP from the Court/Court Marshal/Court Registrar for the 17/18 and 18/19 financial years?.
What lawful capacity can they act?. Given that the Separation of Powers relies upon the all Courts being independent from the Government and as such it is not a Government Entity, Agency or Commonwealth Place. How can the AFP have any involvement without being in breach of their lawful jurisdiction?.
YOUR FREEDOM OF INFORMATION REQUEST
I refer to your application dated 7 August 2020 in which you seek access
to documents under the Freedom of Information Act 1982 (the Act) as
‘Right to Know
Requesting information in relation to the complaint referral process in
regards to the Federal Circuit Court of Australia and the jurisdiction of
the AFP to accept any such referrals.
How many investigations referrals/requests were sent to the AFP from the
Court/Court Marshal/Court Registrar for the 17/19 and 18/19 financial
Your request was received by this agency on 7 August 2020 and the 30 day
statutory period for processing your request commenced from that date. The
due date for your request is 6 September 2020.
As the AFP focuses its efforts on managing the impact of COVID-19 on its
critical, our ability to process requests for information under the
Freedom of Information Act 1982 (Cth) may be affected or not delivered
within expected timeframes. We apologise for the inconvenience and
appreciate your patience during this period. Should this occur we will
contact you as soon as practicable, and seek to extend processing
timeframes in accordance with the FOI Act.
Information considered irrelevant to the scope of your request
The AFP, in its management of FOI requests, excludes the following
information on the basis that is irrelevant to the scope of a request:
- Names of AFP members, other than the Senior Executive.
- Direct telephone numbers, signatures and mobile telephone numbers of
- Duplicate documents, including duplicate emails. The AFP will only
provide emails where they form a final email chain and the
authors/recipients are contained within the final email.
- Information that is publicly available, for example, newspaper
articles, online publications including information available on the AFP
Information Publication Scheme and the AFP disclosure log.
If you object to the AFP excluding any of the above information, please
advise this office within seven days of receipt of this email.
Disclosure of your Identity
Should the AFP be required to consult with third parties in accordance
with the sections 26A, 27 and 27A of the Act, please advise us if you have
any objections to those parties knowing your identity for the purposes of
the consultation. If we do not receive your consent, we will not disclose
your identity to third parties.
Information Publication Scheme
Please be advised that effective 1 May 2011 and in accordance with section
8(2) of the Act, an agency is required to publish information on the AFP
website following the notification of a decision in respect of a freedom
of information request. Details of the decision will be published in a
Disclosure Log which can be found at
The requirement to publish information released under FOI reinforces the
objectives of the FOI Act to promote a pro-disclosure culture across
government and to increase recognition that information held by government
is a national resource. Exceptions to the requirement to publish
information would apply to personal information and information concerning
the business affairs of a person if it was considered ‘unreasonable’ to do
If, however, after noting the above, you wish to raise any concerns about
the publication of information concerning your request prior to the
notification of a decision, please advise this office in writing before 6
Robyn (AFP 23141)
Tel (02) 5126 9366 ext 26 7095
Australian Federal Police
Please see attached decision in relation to your Freedom of Information
request to the Australian Federal Police.
FREEDOM OF INFORMATION
CHIEF LEGAL COUNSEL
Australian Federal Police