Investigation outcomes/Probable reasons for loss/Recovery efforts and outcome - Firearms, Munitions, ballistic armour, and controlled items unaccounted for between January 2007 and September 2017

Andrew Jones made this Freedom of Information request to Australian Federal Police

The request was refused by Australian Federal Police.

From: Andrew Jones

Delivered

Dear Australian Federal Police,

Please consider request under Public Interest Disclosure for audit records pertaining to the following:

1) Unaccounted for or unexplainable loss of firearms, both pistols and long arms, including shot guns.

2) Ammunition, explosive material ie: power gel, detonators, det fuse, etc.

3) Including test firearms and munitions held by AFP Forensic Services, and Court Exhibits.

4) Controlled or Prohibited Items, ie: Ballistic Armour, Extendable Batons, Hand Cuffs, Chemical Munitions (OC), Public Order Management equipment, AFP lap top computers, mobile phones, etc

Please outline an individual loss amount per item, as per audit results.

Please outline the investigative process and outcome(s) pertaining to the probable reasons for loss or any other reason for being unaccounted for.

Please outline the investigative outcome pertaining to the most probable location, or the acquiring body or person(s), that the AFP property has been misappropriated to.

Yours faithfully,
Andrew Jones

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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 Jones,

 

Your Freedom of Information Request

 

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

 

“Please consider request under Public Interest Disclosure for audit
records pertaining to the following:

 

1)   Unaccounted for or unexplainable loss of firearms, both pistols and
long arms, including shot guns.

 

2)   Ammunition, explosive material ie: power gel, detonators, det fuse,
etc.

 

3)   Including test firearms and munitions held by AFP Forensic Services,
and Court Exhibits.

 

4)   Controlled or Prohibited Items, ie: Ballistic Armour, Extendable
Batons, Hand Cuffs, Chemical Munitions (OC), Public Order Management
equipment, AFP lap top computers, mobile phones, etc

 

Please outline an individual loss amount per item, as per audit results.

 

Please outline the investigative process and outcome(s) pertaining to the
probable reasons for loss or any other reason for being unaccounted for.

 

Please outline the investigative outcome pertaining to the most probable
location, or the acquiring body or person(s), that the AFP property has
been misappropriated to.”

 

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 it 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.

 

Your request was received by this agency on 20 September 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
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 30
October 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,

SOPHIE (AFP20849)

TEAM MEMBER, FREEDOM OF INFORMATION
LEGAL

Tel +61(0) 2 6131 6131  

[1]www.afp.gov.au
[2]Australian Federal Police

 

 

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From: FOI
Australian Federal Police


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UNCLASSIFIED

Dear Mr Jones,

 

I refer to your email dated 30 September 2017 in which you seek access to
documents under the Freedom of Information Act 1982.

 

Upon consideration of your request, the AFP is of the view that your
request will take longer than 30 days to process.  The delay is
regrettable, however, due to a requirement to undertake further enquiries
with the line areas to ensure all relevant documents are located it will
not be possible to advise you of a decision by close of business today.

 

Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to on or before 29 November
2017

 

I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time as a matter of urgency.

 

We apologies for any inconvenience this delay may cause.

 

If you have any queries in relation to this matter, please do not hesitate
to contact this office.

 

Yours sincerely,

 

TANYA (AFP14692)
TEAM MEMBER, FREEDOM OF INFORMATION
LEGAL

Tel +61(0) 2 61316131  

[1]www.afp.gov.au

 

 

UNCLASSIFIED

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From: Andrew Jones

Delivered

Dear FOI,

I have today, Monday 30 October 2017, received a request by AFP FOI for an extension on the required thirty-day period, having concluded today. An extension up until the 29 November 2017 is sought by AFP to acquire the documentation to respond to my request.

I have replied to AFP FOI in the affirmative to their request, and I await a further reply by them.

Yours sincerely,

Andrew Jones

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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: Andrew Jones

Delivered

Dear FOI,

Hi Tanya

No problem with an extension up until the 29 November 2017.

Thank you for your assistance with this enquiry.

Yours sincerely,

Andrew Jones

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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 Andrew,

 

In relation to your request received on 30 September 2017, it would be
appreciated if you could please provide us with a date range for the
information you seek.

 

Your earliest response would be greatly appreciated.

 

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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From: Andrew Jones

Delivered

Dear FOI,

Hi Tanya

I made a request for information on 30 September 2017.

As per legislative time provisions for release and supply of such information, the 30 October 2017
was the end date.

You could not provide this information within the legislated time period, subsequently seeking an extension in order to comply with the initial request.

I have agreed to the extension, as it is fair and reasonable to allow a further thirty-day period up to and including 29 November, 2017.

I would certainly hope to have the requested information by no later than 29 November, 2017.

Yours sincerely,

Andrew Jones

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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

UNCLASSIFIED

Dear Andrew,

Thanks you for your email below.

The FOI team notes the timeframes for processing the request as outline in your email.

Tanya's email is seeking a date range for the information you are seeking as part of the scope of this request not the processing time. For example this may be the last 6 months, all documents for 2016 etc.

Your earliest response would be greatly appreciated.

Kind regards
Elise (AFP12830)
TEAM MEMBER - FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61316131
www.afp.gov.au

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From: Andrew Jones

Delivered

Dear FOI,

Hi Elise

I was hoping to get an idea on missing items from 2007 until June 2017.

In the end, just do what you can with a view to achieving a manageable outcome.

If, for whatever reason, the request cannot be fulfilled, just let me know the reason why, and who I could enquire with to ascertain the information sought. ie: Auditor General.

Yours sincerely,

Andrew Jones

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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: Ellery, Jacqueline
Australian Federal Police


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UNCLASSIFIED

Dear Mr Jones

 

I refer to your email of 7 November 2017. 

 

Apologies for the delay in responding to your request, however, following
enquiries with a number of line areas, one in particular has indicated
that there would be approximately 8,000 documents to be scrutinised to
determine whether the documents fall within the scope of your request. 
This is because there have been several category name changes to records
and a manual search would be required to identify relevant documents. 

 

For the period 2015 to June 2017 there were 127 instances where controlled
items were reported to Security alone via a Security Incident Report, this
does not include investigative material into these incidents, therefore,
as your request currently stands it is unlikely that it could be fulfilled
in its current form.

 

I note you indicated in your email of 7 November that if this request
could not be fulfilled you were minded to seek the information from the
Auditor General. 

 

I would be grateful if you would advise whether you wish to seek the
information from the Auditor General after which, you could make a further
request if required.

 

Regards,

 

JACQUELINE ELLERY
TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO

Tel +61(0) 2 6131 6131

[1]www.afp.gov.au

 

UNCLASSIFIED

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From: Andrew Jones

Delivered

Dear Ellery, Jacqueline,

Thank you for your reply to my email.

I must be honest and say that I am having difficulty in comprehending the process being applied to the retrieval of internal documents detailing the information sought in my request.

The period from June 2015 to June 2017 is relevant to my request, and further protracted investigation into a period prior to this is not required, in light of the difficulties stated in your email.

However, the investigative actions or in-actions that pertain to the circumstances for loss, theft, or misadventure of such items, is a very important aspect to the information that I seek in the public interest.

Accountability and transparency has never been more important than it is today. With Terrorism, organised crime, and the illegal gun/weopons trade being extremely prevalent, and expanding rapidly, I am in total agreeance with the Justice Minister, the Honourable Michael Keenan, who, in company with Prime Minister Turnbull, and AFP Commisioner Colvin, made comment some weeks ago from AFP Training Centre, Majura that,
One gun out in the Community is one gun too many.

I feel confident that Minister Keenan would overwhelmingly support and demand a process that scrutinises the loss of firearms, ammunition, and controlled weoponry, being unaccounted for by a Federal Law Enforcement and Intelligence Agency such as the AFP.

The importance of knowing exactly how and why this equipment went missing, is as equally important as knowing where and who received it, and what it has been used for, or for what or who it has been used against.

For these very important points, I continue to seek the information initially requested from you to clarify and reassure the Australian Public that Government processes are stringent and robust enough to ensure public safety is not compromised by the uneccessary circulation of firearms and controlled items by inadequate and unaccountable measures by AFP.

Please advise me if this information has actually been obtained by AFP investigations, or is it the case that investigation into the recovery of missing items is not formally undertaken by AFP as a matter of course.

Please advise me if I need to further my inquiry with the likes of the Auditor General or Information Commissioner in order to receive the information requested.

Yours sincerely,

Andrew Jones

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From: Andrew Jones

Delivered

Dear Australian Federal Police,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Federal Police's handling of my FOI request 'Investigation outcomes/Probable reasons for loss/Recovery efforts and outcome - Firearms, Munitions, ballistic armour, and controlled items unaccounted for between January 2007 and September.

I am requesting an internal review to evaluate why the information I seek is not being disclosed, particularly when there is legislation that supposedly ensures the compulsion by responder (AFP) to adhere to, respect, and comply with the Rule of Law. No one Body, Organisation, or Agency should ever be unaccountable to the Australian Community, being perceived as operating " Above the Law ".

I hope I don't need to request an internal review about not receiving an internal review-the merry-go-round is quite disorientating. Transparency and due process would be greatly appreciated, and respected.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/i...

Yours faithfully,

Andrew Jones

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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

UNCLASSIFIED

Dear Mr Jones

Thank you for your email.

I refer to your request CRM 2018/201 made to the AFP on 30 September 2017. As you may be aware, the statutory timeframe for the AFP to process your request has now expired without you receiving notification of a decision, and the request is now deemed refused under the Freedom of Information Act 1982.

The AFP is continuing to process your request, in accordance with its obligations as set out in Office of the Australian Information Commissioner (OAIC) Guidelines. However, as your request is now a deemed refusal you may wish to seek a review by the OAIC. Information concerning the FOI Review Process can be found at the following link:

https://www.oaic.gov.au/freedom-of-infor...

On 2 January 2018 you requested an internal review in relation to your request. However, under the FOI Act Internal Reviews can only be conducted in relation to decisions that have been made by an agency. As the AFP has not at this stage made a decision in relation to your request, we are therefore not able to undertake an Internal Review of your request.

We apologise for the delay and any inconvenience this may cause, however, your request is receiving attention and a decision will be made in due course.

Regards,

JACQUELINE ELLERY
TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL PORTFOLIO
AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 6131 6131

www.afp.gov.au

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UNCLASSIFIED

 

Dear Mr Jones,

 

Please find attached correspondence in relation to your FOI request.

 

Kind Regards,

SOPHIE (AFP20849)
TEAM MEMBER, FREEDOM OF INFORMATION
LEGAL

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

 

 

UNCLASSIFIED

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From: Ellery, Jacqueline
Australian Federal Police


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UNCLASSIFIED

Dear Mr Jones

 

Please find attached correspondence in relation to your request regarding
audit records.

 

Regards

 

 

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

Tel +61(0) 2 6131 6131

[1]www.afp.gov.au
[2]Australian Federal Police

 

 

 

UNCLASSIFIED

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