Investigation into military police involvement in 4ZZZ event, Octover 19, 1996
Dear Department of Defence,
I am interested in any materials that pertain to the military police involvement in arrests made at a 4ZZZ music festival (Cybernana Market Day) held on October 19, 1996.
In particular, I am hoping to obtain a copy of a report that was given to the Criminal Justice Commission under the authority of the Minister for Defence Industry, Science and Personnel, as part of a CJC inquiry into allegations of police misconduct at the event.
Yours faithfully,
A/Prof Heather Anderson
OFFICIAL
Good afternoon Heather,
Thank you for your FOI inquiry.
Noting the timeframe for records outlined in your request, I would advise
that any records relevant to you request will be subject to the Archives
Act 1983 and not the Freedom of Information Act 1982.
Records created in 2002 or earlier are classed as open access records and
must be requested under the Archives Act from the National Archives of
Australia (NAA).
This is reflected in the Freedom of Information Act Part 3(12)(1) which
reads:
12 Part not to apply to certain documents
(1) A person is not entitled to obtain access under this
Part to:
(a) a document, or a copy of a document, which is,
under the Archives Act 1983, within the open access period within the
meaning of that Act unless the document contains personal information
(including personal information about a deceased person); or
(b) a document that is open to public access, as
part of a public register or otherwise, in accordance with another
enactment, where that access is subject to a fee or other charge; or
(ba) a document that is open to public access, as part
of a land title register, in accordance with a law of a State or Territory
where that access is subject to a fee or other charge; or
(c) a document that is available for purchase by the
public in accordance with arrangements made by an agency.
The following link will take you to the NAA website:
[1]https://www.naa.gov.au/
Please note: When perusing the NAA Website, not all documents are
automatically uploaded on the website. If you are unable to find what you
are looking for, you will need to make an application via NAA to access
the documents.
Kind regards,
FOI
Media and Information Disclosure Branch
Ministerial & Executive Coordination and Communication Division
Department of Defence
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References
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1. https://www.naa.gov.au/