Legal advice regarding PSSap Trust Deed
Dear Australian Federal Police,
I request a copy of any legal advice in the AFP's possession, dated on or after 1 January 2019, whether internal or external, that relates to s 2.2.9 or s 2.2.10 of the Superannuation (PSSAP) Trust Deed.
I note that legal advice is generally exempt. Nonetheless, my understanding is the AFP is obliged to reveal the existence or non-existence of said legal advice.
Also, even though the AFP might not be obliged to disclose the legal advice, they are not prevented from doing so.
Yours faithfully,
Me
OFFICIAL
Dear ME,
I refer to your request for access to documents under the Freedom of
Information Act 1982 (Cth) dated 5 October 2022.
Please find attached a copy of the decision in response to your request.
If you have any questions in relation to this matter, please do not
hesitate to contact us.
Yours sincerely,
NATALIE (AFP25368)
LAWYER
FREEDOM OF INFORMATION & PRIVACY
CHIEF COUNSEL PORTFOLIO
[1]www.afp.gov.au
[2]Australian Federal Police
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************
References
Visible links
1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
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 'Legal advice regarding PSSap Trust Deed'.
I note there is one document relating to this request, and that the sole reason for non-disclosure is LPP.
The decision did not consider s 42(3), requiring disclosure of any/all operational information contained in the requested document, even if the document is subject to LPP.
In addition, the AFP is free to waive LPP and release the document under 42(2). I draw the decision-maker’s attention to (1) the Commonwealth’s poor record of considering legal advice (https://www.abc.net.au/news/2022-10-31/q...) and (2) the AFP’s commitment to increase transparency and integrity by only withholding information for a good reason, not just because it can (https://www.news.com.au/national/afp-bos...).
That being the case I request:
(1) the document be released in full (excl staff info etc); and
(2) if not released in full, reasons for decision be given concerning 42(2); or
(3) operational information be released; and
(4) if operational information not released, reasons for decision be given concerning 42(3).
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/l...
Yours faithfully,
Me
Dear FOI,
Please advise the deadline by which you intend to complete the internal review.
In the absence of any deadline I expect a decision by 9 January.
Yours sincerely,
Me
OFFICIAL
Dear ME
Please find attached correspondence relating to your internal review for FOI request LEX 1075.
Kind regards
AFP24826
A/G FOI TEAM LEADER
CHIEF LEGAL COUNSEL
The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
throughout Australia, and their continuing connection to land, sea and community. We pay
our respects to First Nations people, culture and Elders past, present and emerging.
-----Original Message-----
From: Me <[FOI #9440 email]>
Sent: Sunday, 25 December 2022 10:34 AM
To: FOI <[email address]>
Subject: Re: Freedom of Information request - LEX 1075 - Decision [SEC=OFFICIAL]
Dear FOI,
Please advise the deadline by which you intend to complete the internal review.
In the absence of any deadline I expect a decision by 9 January.
Yours sincerely,
Me
-----Original Message-----
OFFICIAL
Dear ME,
I refer to your request for access to documents under the Freedom of
Information Act 1982 (Cth) dated 5 October 2022.
Please find attached a copy of the decision in response to your request.
If you have any questions in relation to this matter, please do not
hesitate to contact us.
Yours sincerely,
NATALIE (AFP25368)
LAWYER
FREEDOM OF INFORMATION & PRIVACY
CHIEF COUNSEL PORTFOLIO
[1]www.afp.gov.au
[2]Australian Federal Police
References
Visible links
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #9440 email]
This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************