OFFICIAL

Dear Sir

I refer to your request dated 5 February 2024, seeking access to documents
under the Freedom of Information Act 1982 (the Act) as follows:

 

On Monday, 5 February 2024, DC Ian McCartney was questioned by Senator
Shoebridge in the Parliamentary Joint Committee on Law Enforcement in
relation to Operation Bourglinster, an AFP counterterrorism investigation
into an autistic juvenile with an alleged fixation on Islamic State.

In response, DC McCartney said "there were a range of reviews happening in
terms of this matter."

I wish to request, pursuant to the Freedom of Information Act 1982, a copy
of any:

1. Document that concisely summarises the reviews that DC McCartney said
were underway, or which have already been completed in relation to this
matter;

2. Minute, brief, or similar document requesting or setting the scope or
terms of reference for any such review;

3. Draft, interim or final report that has resulted from any such review;

4. Governance instrument[1] that has been updated a result of any such
review.

Timeframe

Your request was received by the AFP on 6 February 2024, and the 30 day
statutory period for processing your request commenced from that date. The
due date for your request is 6 March 2024. 

 

Information 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:

*             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); and

*             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.

Please advise this office that you also consent to exclude the following
information:    

 

*             Names of AFP members, other than the Senior Executive; and

*             Direct telephone numbers, middle names of AFP members,
signatures and mobile telephone numbers of AFP members.

Information Publication Scheme

 

Please be advised that effective 1 May 2011 and in accordance with section
8(2) of the Act, an agency is required to publish information on the AFP
website following the notification of a decision in respect of a freedom
of information request.  Details of the decision will be published in a
Disclosure Log which can be found at:

[1]https://www.afp.gov.au/about-us/informat...

 

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. 

 

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 the AFP in writing before 6
March 2024.

Regards

 

AFP 23141
FOI Senior Team Member – Corporate

Freedom of Information

AFP Legal

Chief Counsel
[2]Australian Federal Police
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.

 

 

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References

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

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OFFICIAL

Dear Sir,

 

I refer to your request dated 5 February 2024, seeking access to documents
under the Freedom of Information Act 1982 (the Act).

 

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 5 March 2024. 

 

 

Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to 5 April 2024.

 

I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time by close of business 13
February 2024. 

 

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

 

Regards

 

AFP 23141
FOI Senior Team Member – Corporate

Freedom of Information

AFP Legal

Chief Counsel
[1]Australian Federal Police
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.

**********************************************************************
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/

hide quoted sections

OFFICIAL

Good morning Sir,

 

I refer to my email below of 8 February 2024.

 

The decision is currently with the FOI delegate and I hope to provide a
decision to you by mid next week. 

 

Noting the due date of 6 March 2024, in order to avoid your request being
deemed as refused, can you please advise if you are agreeable to a s15AA
extension.

 

Kind regards

 

AFP 23141
FOI Senior Team Member – Corporate

Freedom of Information

AFP Legal

Chief Counsel
[1]Australian Federal Police
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.

 

 

From: FOI
Sent: Thursday, 8 February 2024 8:17 AM
To: 'Mathew M.' <[FOI #11081 email]>
Cc: FOI <[email address]>
Subject: s15AA Extension: Freedom of Information request LEX 2420
[SEC=OFFICIAL] [AFP-L.FID157837]

 

OFFICIAL

Dear Sir,

 

I refer to your request dated 5 February 2024, seeking access to documents
under the Freedom of Information Act 1982 (the Act).

 

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 5 March 2024. 

 

 

Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to 5 April 2024.

 

I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time by close of business 13
February 2024. 

 

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

 

Regards

 

AFP 23141
FOI Senior Team Member – Corporate

Freedom of Information

AFP Legal

Chief Counsel
[2]Australian Federal Police
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.

 

**********************************************************************
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/

hide quoted sections

OFFICIAL
Thank you Sir.

AFP 23141
FOI Senior Team Member – Corporate
Freedom of Information
AFP Legal
Chief 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: Mathew M. <[FOI #11081 email]>
Sent: Wednesday, 6 March 2024 8:47 PM
To: FOI <[email address]>
Subject: Re: FW: s15AA Extension: Freedom of Information request LEX 2420 [SEC=OFFICIAL] [AFP-L.FID157837]

Hi,

Thank you for the update. I agree to the s15AA extension.

-----Original Message-----

OFFICIAL

Good morning Sir,

 

I refer to my email below of 8 February 2024.

 

The decision is currently with the FOI delegate and I hope to provide a

decision to you by mid next week. 

 

Noting the due date of 6 March 2024, in order to avoid your request being

deemed as refused, can you please advise if you are agreeable to a s15AA

extension.

 

Kind regards

 

AFP 23141

FOI Senior Team Member – Corporate

Freedom of Information

AFP Legal

Chief Counsel

[1]Australian Federal Police

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.

 

 

From: FOI

Sent: Thursday, 8 February 2024 8:17 AM

To: 'Mathew M.' <[FOI #11081 email]>

Cc: FOI <[email address]>

Subject: s15AA Extension: Freedom of Information request LEX 2420

[SEC=OFFICIAL] [AFP-L.FID157837]

 

OFFICIAL

Dear Sir,

 

I refer to your request dated 5 February 2024, seeking access to documents

under the Freedom of Information Act 1982 (the Act).

 

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 5 March 2024. 

 

 

Accordingly, pursuant to section 15AA of the Act, I seek your agreement to

extend the period to notify you of a decision to 5 April 2024.

 

I would be grateful if you would advise this office in writing of your

agreement to the proposed extension of time by close of business 13

February 2024. 

 

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

to contact this office.

 

Regards

 

AFP 23141

FOI Senior Team Member – Corporate

Freedom of Information

AFP Legal

Chief Counsel

[2]Australian Federal Police

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.

 

References

Visible links

1. http://www.afp.gov.au/

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

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #11081 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
**********************************************************************

hide quoted sections

OFFICIAL
Dear Mathew M

Please find attached correspondence in regards to your FOI request, LEX 2420.

Kind regards

CASEY (AFP 24826)
A/FOI TEAM LEADER – CORPORATE
FREEDOM OF INFORMATION
AFP LEGAL
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: Mathew M. <[FOI #11081 email]>
Sent: Monday, 5 February 2024 11:30 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Operation Bourglinster reviews

Dear Australian Federal Police,

On Monday, 5 February 2024, DC Ian McCartney was questioned by Senator Shoebridge in the the Parliamentary Joint Committee on Law Enforcement in relation to Operation Bourglinster, an AFP counterterrorism investigation into an autistic juvenile with an alleged fixation on Islamic State.

In response, DC McCartney said "there were a range of reviews happening in terms of this matter."

I wish to request, pursuant to the Freedom of Information Act 1982, a copy of any:

1. Document that concisely summarises the reviews that DC McCartney said were underway, or which have already been completed in relation to this matter;

2. Minute, brief, or similar document requesting or setting the scope or terms of reference for any such review;

3. Draft, interim or final report that has resulted from any such review;

4. Governance instrument[1] that has been updated a result of any such review.

Moreover, I suggest that the release of these documents is in the general public interest, and on that basis no fee to release these documents should be charged. The release of these documents will assist the AFP in continuing to enjoy a high level of confidence and support from the community, at a time when a Court has strongly denounced the AFP and JCTT's conduct.[2]

Yours faithfully,

Mathew M.

[1] "Governance instrument" as defined by the AFP Commissioner's Order on Governance (CO1) [2] CDPP v Carrick (a pseudonym) [2023] VChC 2 at [82]

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #11081 email]

Is [AFP request email] the wrong address for Freedom of Information requests to Australian Federal Police? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...

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
**********************************************************************

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