Decision Making Process for Complaints about Politicians
Dear AFP FOI Team
I would like to request under the Freedom of Information Act, documents relating to the Australian Federal Police processes in the handling of complaints about federal politicians.
Documents will most likely include briefings, workplace guides/manuals and decision making flowcharts or similar.
Please include documents which cover the different decision making processes involved in addressing complaints about:
1. Misuse of travel or other parliamentary entitlements.
2. Serious allegations about criminal behaviour or corruption.
Thank you in advance for any assistance with this request.
Yours sincerely
Evelyn Doyle
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UNCLASSIFIED
Dear Ms Doyle
Thank you for your email.
Referrals made to the AFP for investigation are reviewed under the Case Categorisation & Prioritisation Model (CCPM). This document can be found on the AFP Disclosure Log at the following link:
https://www.afp.gov.au/sites/default/fil...
Your enquiry regarding the misuse of travel and parliamentary entitlements should be directed to the Department of Finance who manage that information.
Noting the above advice, do you wish to continue with your request?
Regards,
JACQUELINE (AFP12306)
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
AUSTRALIAN FEDERAL POLICE
www.afp.gov.au
UNCLASSIFIED
Dear Jacqueline
Thank you for the quick response and for providing the link to case categorisation and prioritisation. That is very helpful.
Before I make the decision whether to withdraw or continue with the first part of my FOI request (1), may I ascertain if there is an actual document that outlines the process about dealing with complaints about the misuse of travel and parliamentary entitlements (which get referred to Finance), separate to the one you have linked to? I would imagine the AFP might get complaints about this from time to time and the workflow or process would need to be described somewhere in a work manual or similar document.
In addition, is there a document that lays out the 'jurisdiction' of the AFP role in response to complaints about misuse of parliamentary travel and other entitlements, even though they are referred to Finance (given that these acts constitute fraud and may end up being referred back to the AFP for further action)?
I don't want this request referred to Finance as my interest is more in AFP's processes.
Please withdraw the second part (2) of my earlier request in relation to the more serious crime and corruption aspects as your link covers those procedures (unless of course, there are separate documents about specifically dealing with politically sensitive matters).
Thank you.
Yours sincerely,
Evelyn Doyle
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
UNCLASSIFIED
Dear Ms Doyle
I am not able to advise whether or not an actual documents that outlines the process about dealing with complaints about the misuse of travel and parliamentary entitlements without undertaking searches with the line area. Noting you have withdrawn part 2 of your request, we will commence your FOI in relation to point 1 only.
Regards,
JACQUELINE (AFP12306)
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
AUSTRALIAN FEDERAL POLICE
www.afp.gov.au
UNCLASSIFIED
Dear FOI Team
Thank you for your response and advice of your plan to proceed with part one of the request including the addition I made in my earlier email relating to a document which outlines the formal (official) arrangements about the jurisdiction of the AFP in relation to misuse of travel and parliamentary entitlements.
I am withdrawing part two only if there are no additional documents to the case categorisation and prioritisation guidelines in dealing with politically sensitive matters. If there are separate guidelines, I would like them included. This would easily be determined in your search efforts.
Thank you in advance.
Yours sincerely,
Evelyn Doyle
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
UNCLASSIFIED
Dear Ms Doyle
YOUR FREEDOM OF INFORMATION REQUEST
I refer to your application dated 30 January 2020 a date, in which you seek access to documents under the Freedom of Information Act 1982 (the Act) as per the email below.
Timeframe
Your request was received by this agency on 30 January 2020, and the 30 day statutory period for processing your request commenced from that date. The due date for your request is 29 February 2020.
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 email/letter.
Charges
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.
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 https://www.afp.gov.au/about-us/informat....
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.
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 29 February 2020.
Regards,
JACQUELINE (afp12306)
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
AUSTRALIAN FEDERAL POLICE
UNCLASSIFIED
UNCLASSIFIED
Dear Ms Doyle
I refer to your request dated 30 January 2020 seeking access to
information under the Freedom of Information Act 1982 (the Act) in
relation to the processes in the handling of complaints about federal
politicians.
To date we have not been able to locate any documents relating to your
request, however to ensure there are no documents held by the AFP it will
take longer than 30 days to process your request. We require further time
is search and identify any documents that may fall within the scope of
your request, therefore, it will not be possible to advise you of a
decision by 29 February 2020.
Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to 30 March 2020.
I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time.
If you have any queries in relation to this matter, please do not hesitate
to contact this office.
Regards,
JACQUELINE (AFP12306)
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
[1]www.afp.gov.au
[2]Australian Federal Police
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
Dear FOI team
Thank you for your correspondence advising some more time is needed to establish whether there are any legal or other documents about the AFP's jurisdiction relating to complaints or misconduct by federal politician; and in relation to complaints about the misuse of entitlements by Australian politicians.
I am surprised that no documents exist at this stage of the search given the high profile of these cases and automatic referral to Finance in relation to the travel and allowances aspects.
Despite this, I am happy for the AFP to take more time to satisfy that no documents exist or perhaps to allow time for formal guidelines to be written for this purpose, whichever is applicable. I agree to an extension of time.
Yours sincerely,
Evelyn Doyle
UNCLASSIFIED
Dear Ms Doyle
Apologies for the delay in responding.
As your request is specific to the misuse of entitlements by Australian politicians, the AFP does not have documents specific to this topic. As previously advised referrals made to the AFP about alleged Commonwealth offences are assessed in accordance with the CCPM which I have previously directed you to on the AFP website.
Noting the above, do you wish to continue with your request?
Kind regards,
JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
AUSTRALIAN FEDERAL POLICE
www.afp.gov.au
UNCLASSIFIED
Dear Ms Ellery,
Thank you for your response. I have read through the CCPM you linked to earlier, but nowhere does it clarify the treatment of politically sensitive matters in relation to misconduct by politicians other than to rank cases in order of importance and by level of 'impact'. There is nothing I can find about referrals to the Department of Finance in relation to allegations made about politicians' misuse of entitlements.
As you are no doubt aware, it is common knowledge that allegations of misuse of entitlements by Australian politicians are generally referred to the Department of Finance. Are you confirming there is no actual document that legitimises this approach or clarifies jurisdiction (and where and when this process originated or was approved)? These are the documents that I seek.
Perhaps there is someone in the relevant line area I can talk to more specifically about the documents before I make a decision about the whether to continue with the request. This might assist with my framing of the request to ensure there is no miscommunication or misunderstanding.
Could this be facilitated?
Thanks in advance.
Yours sincerely,
Evelyn Doyle
UNCLASSIFIED
Dear Ms Doyle
I am making further enquiries, however I am not able to facilitate contact with the line area.
Hopefully I will have a response shortly and will come back to you.
regards
JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
AUSTRALIAN FEDERAL POLICE
www.afp.gov.au
UNCLASSIFIED
UNCLASSIFIED
Dear Ms Doyle
Please find attached a decision regarding your FOI request.
Regards,
JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
[1]www.afp.gov.au
[2]Australian Federal Police
UNCLASSIFIED
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
Evelyn Doyle left an annotation ()
It's interesting to note there is no official document highlighting the procedure/jurisdiction regarding the process of referring complaints about abuse of parliamentary entitlements to the Department of Finance. Begs the question whether this protocol is operating outside the law.