Correspondence with The Treasury

Phillip Sweeney made this Freedom of Information request to Australian Federal Police

The request was successful.

From: Phillip Sweeney

Delivered

Dear Australian Federal Police,

Mr Jerome Davidson from The Treasury {Acting Chair of the ASIC Enforcement Review) sent a letter dated 30 May 2017 addressed to Commissioner Colvin which included the code words already "thoroughly evaluated". This is code for "the Australian Federal Police should not investigate credible complaints of serious offences" by the named Whistleblower.

This letter was an attempt to pervert the course of justice by Mr Davidson.

"The fact that police investigation stands outside the concept of the course of justice does not mean that, in appropriate circumstances, interference with a police investigation does not constitute an attempt or a conspiracy to pervert the course of justice." - Regina v OM [2011] NSWCCA 107

Mr Davidson has been asked to correct the representations made in his letter dated 30 May 2017 and to provide copies of material evidence related to this matter in the possession of Mr Davidson to the Australian Federal Police.

The documents I seek are copies of any letters or emails from Mr Davidson to Commissioner Colvin (of other AFP Officer) dated after 30 May 2017.

Yours faithfully,

Phillip Sweeney

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From: FOI
Australian Federal Police

Thank you for your email.

Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.

This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.

If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.

If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.

Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...

The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.

The FOI Team can be contacted on 02 6131 6131

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From: FOI
Australian Federal Police


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UNCLASSIFIED

Dear Mr Sweeney,

         

Your Freedom of Information Request

 

I refer to your application dated 30 October 2017 in which you seek access
to documents under the Freedom of Information Act 1982 (the Act) as
follows:

 

“Mr Jerome Davidson from The Treasury {Acting Chair of the ASIC
Enforcement Review) sent a letter dated 30 May 2017 addressed to
Commissioner Colvin which included the code words already "thoroughly
evaluated". This is code for "the Australian Federal Police should not
investigate credible complaints of serious offences" by the named
Whistleblower.

The documents I seek are copies of any letters or emails from Mr Davidson
to Commissioner Colvin (of other AFP Officer) dated after 30 May 2017.”

 

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 AFP members.

-      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 letter.

 

Your request was received by this agency on 31 October 2017 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. 

 

Disclosure Log

 

Please be advised that in accordance with section 11C of the Act, an
agency is required to publish information on their website following the
notification of a decision in respect of a freedom of information
request. 

 

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
so.  Details of the decision may be published in a Disclosure Log which
can be found at
[1]https://www.afp.gov.au/about-us/informat....
Publication will be made in accordance with timeframes stipulated in
section 11C of the Act.

 

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 10
November 2017.  If you do not raise any concerns prior to the date of the
decision, the AFP will publish the information as notified to you in the
decision.

 

Yours sincerely

Elise (AFP12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO

Tel +61(0) 2 61316131  

[2]www.afp.gov.au

 

UNCLASSIFIED

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From: Phillip Sweeney

Delivered

Dear FOI,

The response to this FIO request is now overdue. Can you please expedite a response.

Yours sincerely,

Phillip Sweeney

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From: FOI
Australian Federal Police

Thank you for your email.

Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.

This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.

If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.

If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.

Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...

The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.

The FOI Team can be contacted on 02 6131 6131

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From: FOI
Australian Federal Police


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Attachment Decision FINAL 2018 262.pdf
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UNCLASSIFIED

Dear Ms Sweeney,

 

Please find attached our decision in relation to your Freedom of
Information request.

 

Kind regards,

 

TANYA (AFP14692)
TEAM MEMBER, FREEDOM OF INFORMATION
LEGAL

Tel +61(0) 2 61316131  

[1]www.afp.gov.au

 

 

 

 

 

UNCLASSIFIED

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