Policies and Procedures for Search Warrant Issuance Subsequent to Federal Court Ruling

Michael Galbraith made this Freedom of Information request to Australian Federal Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Australian Federal Police.

Michael Galbraith

Dear Australian Federal Police,

This request is an application for the purposes of the Freedom of Information Act 1982 (Cth).

I request provision of copies of documents (as defined by s4 of the Act) in respect of the following:

1. Any document created pursuant to and subsequently to, the Federal Court Judgement in the case of Seven West Media Limited v Commissioner, Australian Federal Police [2014] FCA 263, being a document related to that judgement.

2. Any document held relating to the polices or procedures for the conduct of Proceeds of Crime investigations created subsequent to the aforementioned Federal Court Ruling as a result of that judgement.

3. Any document held relating to the polices or procedures for the issuance of search warrants created subsequent to the aforementioned Federal Court Ruling as a result of that judgement.

Yours faithfully,

Michael Galbraith

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 FOI inbox.

This FOI inbox is monitored by the information Access Team between 8 am and 4 pm Monday to Friday.

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.

Information Access can be contacted on 02 6131 6131

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FOI, Australian Federal Police

1 Attachment

UNCLASSIFIED

Dear Mr Galbraith,

 

I refer to your letter dated 21 June 2014, in which you seek access to
documents under the Freedom of Information Act 1982 (the Act).

 

I confirm your Freedom of Information request was received by the AFP on
21 June 2014.  The AFP is experiencing an increase in the volume of
freedom of information applications. This high demand for access to
documents coupled with staff movements has impacted on case officer
workloads and accordingly, the AFP anticipates it will be unable to
process your application within the initial 30 day statutory time limit. 

 

Based on our experience in processing freedom of information applications,
the AFP envisages that we will be unable to advise you of a decision by 23
July 2014. This anticipated delay is regrettable and I apologise for any
inconvenience it may cause however, please be assured the AFP will
continue to process your application as quickly as possible to minimise
any delay to you. 

 

Accordingly, pursuant to section 15AA of the Act, I am seeking your
agreement to extend the period by 30 days to notify you of a decision by
22 August 2014.   It would be appreciated if you would advise this office
in writing of your agreement to the proposed extension of time so we may
inform the Office of the Australian Information Commissioner.

 

Information Publication Scheme

 

Please be advised that in accordance with section 8(2) 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]http://www.afp.gov.au/about-the-afp/info....

 

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 23
July 2014.

 

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. 

 

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

 

Yours sincerely,

 

ON BEHALF OF THE COORDINATOR
INFORMATION ACCESS, GOVT RELATIONS
POLICY & GOVERNANCE

Tel +61(0) 2 61316131  Ext 144434  Fax +61(0) 2 61326082

[2]www.afp.gov.au

 

UNCLASSIFIED

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References

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1. http://www.afp.gov.au/about-the-afp/info...
2. http://www.afp.gov.au/

Michael Galbraith

Dear FOI,

Please be advised that your request for an extension of time under s15AA is agreed to.

Yours sincerely,

Michael Galbraith

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 FOI inbox.

This FOI inbox is monitored by the information Access Team between 8 am and 4 pm Monday to Friday.

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.

Information Access can be contacted on 02 6131 6131

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FOI, Australian Federal Police

UNCLASSIFIED

Dear Mr Galbraith

I refer to your FOI request below.

Following advice from a number of line areas, this request as it currently stands is broad and voluminous to process, particularly given you have requested "any document" which was "created pursuant to" and "subsequently to" the FC judgment at point one. Given the AFP's undertaking of its own internal review process following the judgment, the Senate Estimates and Senator Xenaphon inquiries, and involvement of a number of AFP portfolios, this would amount to many thousands of emails, and pages of documents.

If you are able to advise what aspect of the FC judgement or the case you are most interested, or specific types of documents rather than "any document", this may assist in determining precisely what documents would be relevant and a more targeted search could possibly be undertaken.

I understand a Review report is likely to be produced end July/August, perhaps you might consider this as an alternative to "any document".

I would be grateful for your advice.

Yours sincerely

JACQUELINE ELLERY
TEAM LEADER - INFORMATION ACCESS - GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61312808 Ext 142808
www.afp.gov.au

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Ellery, Jacqueline, Australian Federal Police

1 Attachment

UNCLASSIFIED

Dear Mr Galbraith

Please find attached correspondence in relation to your request.

Yours sincerely

JACQUELINE ELLERY
TEAM LEADER - INFORMATION ACCESS - GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61312808 Ext 142808
www.afp.gov.au

UNCLASSIFIED

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Ellery, Jacqueline, Australian Federal Police

1 Attachment

UNCLASSIFIED

Dear Mr Galbraith

Please find attached correspondence in relation to your FOI request.

Yours sincerely

JACQUELINE ELLERY
TEAM LEADER - INFORMATION ACCESS - GOVERNMENT RELATIONS POLICY & GOVERNANCE AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 61312808 Ext 142808
www.afp.gov.au

UNCLASSIFIED

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