Disclosure by a former Director of Public Prosecutions of NSW

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

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Phillip Sweeney

Dear Australian Federal Police,

Nicholas Cowdery AM QC is a former Director of Public Prosecutions of New South Wales (NSW) and is still a citizen of NSW and subject to the laws of NSW including Section 316 of the Crimes Act 1900 (NSW).

Mr Cowdery has become privy to information and evidence that enlivens Section 316 and places a statutory obligation on Mr Cowdery to provide this information and evidence to the Australian Federal Police.

This evidence includes Deeds that where criminally concealed from the Prudential Regulator - APRA and the Superannuation Complaints Tribunal.

This criminal conduct enlivens the Criminal Code Act 1995 (Cth) over which the Australian Federal Police have jurisdiction.

The document that I seek is a copy of a covering letter from Mr Cowdery to the Australian Federal Police confirming the compliance of Mr Cowdery with Section 316.

The identities of any alleged wrongdoers can be redacted.

The search period is from 1 July 2017 to the present.

Yours faithfully,

Phillip Sweeney

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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FOI, Australian Federal Police

1 Attachment

UNCLASSIFIED

Dear Mr Sweeney,

 

I refer to your email dated 7 November 2017 in which you seek access to
documents under the Freedom of Information Act 1982 (the Act) as follows:

 

“The document that I seek is a copy of a covering letter from Mr Cowdery
to the Australian Federal Police confirming the compliance of Mr Cowdery
with Section 316.

 

The search period is from 1 July 2017 to the present.”

 

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 7 November 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 7
December 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

 

TANYA (AFP14692)
TEAM MEMBER, FREEDOM OF INFORMATION
LEGAL

Tel +61(0) 2 61316131  

[2]www.afp.gov.au

 

 

UNCLASSIFIED

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References

Visible links
1. https://www.afp.gov.au/about-us/informat...
2. http://www.afp.gov.au/

Phillip Sweeney

Dear FOI,

A response to this FIO Request is now long overdue.

Can you please expedite a response?

Yours sincerely,

Phillip Sweeney

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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Ellery, Jacqueline, Australian Federal Police

2 Attachments

UNCLASSIFIED

Dear Mr Sweeney

 

Please find attached a decision in relation to your FOI request.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 6131 6131
[1]www.afp.gov.au
[2]Australian Federal Police

 

 

UNCLASSIFIED

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References

Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/