Is the Commissioner running protection for a convicted fraudster?

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

The request was successful.

From: Phillip Sweeney

Delivered

Dear Australian Federal Police,

Commissioner Colvin has been provided with a copy of a purported Deed dated 26 August 1986 that bears the signature of a convicted fraudster who was described as such on the front page of The Canberra Times. Since 20 December 1982 four bogus trustees have relied on a set of purported 'Rules" attached to the purported 'Deed' as justification for not paying around 150 widows their survivorship pensions in their time of need and distress.

The Australian Federal Police has jurisdiction with respect to frauds against the Commonwealth of Australia, but not with respect to frauds against widows.

However the Australian Federal Police has Memoranda of Understanding with the State Police Forces who do have jurisdiction with respect to frauds against widows.

A complaint has been lodged with Mr Michael Griffin AM, the Integrity Commissioner of the Australian Commission for Law Enforcement Integrity alleging that Commissioner Colvin has been "running protection" for this well known convicted fraudster and those who are also protecting this convicted fraudster.

This allegation will be proven false if a covering letter to any one of the following Law Enforcement agencies can be released under the provisions of the Freedom of Information Act 1982 confirming that Commissioner Colvin has provided a copy of the purported 'Deed' dated 26 August 1986 to:

- the Victorian Police;
- the NSW Police Force;
- South Australia Police; or
- The Serious Financial Crime Taskforce.

However if Commissioner Colvin has sought to 'bury' the Deed bearing the signature of a convicted fraudster then this is prima facie evidence that Commissioner Colvin is indeed "running protection" for this convicted fraudster and those who are also engaged in a attempted cover-up of this fraud against 150 widows.

The convicted fraudster and his associates were the subject of three major investigations by the former National Crime Authority (NCA).

The widows pension entitlements are also confirmed by a Act of the Parliament of South Australia and by a Report produced by a former Attorney-General of South Australia, the Hon Colin Rowe MLC.

The Deeds confirming the widows' pension entitlement have been criminally concealed from the Regulator APRA by one of the four bogus trustees as well as from the Supreme Court of Victoria by a Chairman of one of the four bogus trustees.

The document or documents I seek is (are) a copy of any covering letter as described above. The name of the convicted fraudster can be redacted if necessary.

The response to this FIO request will be provided to the pending Commission of Inquiry into the banks, since two of the bogus trustees mentioned above are owned by the National Australia Bank.

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 – Re: Commissioner Colvin – Fraud
against widows

 

I refer to your application dated 28 November 2017 in which you seek
access to documents under the Freedom of Information Act 1982 (the Act) as
follows:

 

“Commissioner Colvin has been provided with a copy of a purported Deed
dated 26 august 1986 that bears the signature of a convicted fraudster who
described as such on The Canberra Times. Since 20 December 1982 four bogus
trustees have relied on a set of purported 'Rules' attached to the
purported 'Deed' as justification for not paying around 150 widows
survivorship pensions in the time of need and distress.

 

This Allegation will be will be proven false if the covering letter to any
one of the following Law Enforcement agencies can be released under the
provisions of the Freedom of Information Act 1982 confirming that
Commissioner Colvin has provided a copy of the purported 'Deed' dated 26
August 1986 to:

 

- the Victorian Police;

- the NSW Police Force;

- South Australia Police; or

- The Serious Financial Crime Taskforce.

 

The document or documents I seek is (are) a copy of any covering letter
described above. The name of the convicted fraudster can be redacted if
necessary ”

 

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 29 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 29
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.

 

Regards.

 

JOEL (AFP21142)
FREEDOM OF INFORMATION
LEGAL

Tel +61(0) 2 61316131  

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

 

 

UNCLASSIFIED

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From: Phillip Sweeney

Delivered

Dear FOI,

The response to this FIO Request is now long overdue. I have lodged a foreshadowing letter with Royal Commissioner Hayne advising that copies of the genuine Deeds of the fund once known as the Elders IXL Superannuation Fund will be lodged as evidence with the Royal Commission.

A document that I have previously provided to the Australian Federal Police will also be lodged as evidence to the Royal Commission - this document is a purported 'Deed' bearing the signature of Mr Ken Jarrett who is a convicted fraudster and who has been described as such on the front page of The Canberra Times.

The purported 'Deed" is dated 26 August 1986.

Can you please expedite a response to this FIO request so that I might include the response in my submission to Royal Commissioner Hayne.

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: Phillip Sweeney

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 'Is the Commissioner running protection for a convicted fraudster?'.

I wish to lodge a FOI response from the Australian Federal Police to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry in relation to this matter.

An Internal Review will also confirm to the Royal Commissioner that the Australian Federal Police have a commitment to complying with the provisions of the Freedom of Information Act 1982 and The Rule of Law above any desire to protect a well known white-collar criminal who has featured on the front page of The Canberra Times .

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,

Phillip Sweeney

Link to this

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 Sweeney

Thank you for your email.

I refer to your request CRM 2018/337 made to the AFP on 28 November 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 16 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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From: Ellery, Jacqueline
Australian Federal Police


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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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From: FOI
Australian Federal Police


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UNCLASSIFIED

Dear Mr Sweeney,

         

Your Freedom of Information Request – Case Study on dealing with serious
white-collar crime.

 

I refer to your application dated 12 March 2018 in which you seek access
to documents under the Freedom of Information Act 1982 (the Act) as
follows:

 

“Senator Williams is a Senator from New South Wales and the Senator has in
his possession four letters sent to

him by three ASIC Officers who provided false and misleading information
to the Senator in contravention of

Section 13 of the Public Service Act 1999 (Cth). The document I seek is a
copy of the covering letter from Senator Williams to the

Australian Federal Police providing copies of these four letters to the
Australian Federal Police.”

 

 

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 12 March 2018 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 11
April 2018.  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,

 

JOEL(AFP21142)
FOI OFFICER
CHIEF COUNSEL PORTFOLIO

Tel +61(0) 2 61316131  

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

 

 

UNCLASSIFIED

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2. http://www.afp.gov.au/
3. http://www.afp.gov.au/

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