Freedom of Information


FREEDOM OF INFORMATION

Access our information

Every person has a right to access ACT government information. You can access:

Open access

Under the Freedom of Information Act 2016 (‘FOI Act’), the ACT Office of Director of Public Prosecutions (‘ACT ODPP’) must make information proactively available via an open access scheme.

Before submitting an access application, have a look at the Open Access Website to see if what you are looking for is already available.

Request access

Those seeking information are encouraged to contact the ACT ODPP before resorting to the more formal FOI procedure. In many cases it may be possible to access information more quickly and efficiently through such an approach.

Our contact details are as follows.
Phone:  
02 6207 5399
Fax:
02 6207 5428
Email: foiactdpp@act.gov.au
Mail: FOI Contact Officer
GPO Box 595
Canberra City
ACT 2601

Formal FOI application

If you have contacted us and still can’t find what you are after, you can make a formal request for information.

Your written request must include:

You can send your written request to foiactdpp@act.gov.au or by post to:

FOI Contact Officer
GPO Box 595
Canberra City
ACT 2601

Once we receive your written request, we will conduct an initial assessment.  If the request is valid, we will process it.  We will contact you if we require further information or clarification.

Processing your application

Once we officially accept your FOI application, we will inform you, in writing, within 10 working days, that we have received your request and the date it was received.

We will give you our decision within 20 working days from the date your application was received, unless that time has been extended.

Possible outcomes of an FOI application

When we process your FOI application, we may decide to:

Decision notice

Once we have processed your request, we will send you a letter setting out the decision and the reasons for the decision within 20 working days of your application. This letter will explain what documents were located and why you may have been refused access to documents (or parts of documents) i.e. exempt documents. You should read the decision notice carefully and contact us if you have any questions about the contents of the notice.

The decision notice will include the following information:

The decision notice will also explain your review and appeal rights pertaining to the decision.

Fees

There is no application fee for an FOI request. You will not be charged for access to documents containing personal information about you. Processing charges may apply to requests outside of your personal information. We will tell you if this is the case.

You may be required to pay to access information in accordance with the following schedule:

Schedule

Fee

A fee is payable for each page of information given in response to an application, excluding the first 50 pages, whether provided in printed or electronic format.

$0.35c per page (GST is not applicable)

A fee is payable for giving information to an applicant by post.

The actual cost of postage

A fee is payable for giving a printed copy of a record containing information to an applicant.

The actual cost of printing

A fee is payable for giving information contained in a sound or visual recording on electronic storage media (e.g. by USB, hard drive etc).

The actual cost of the electronic storage media

A fee is payable for information contained in a written transcript of
a sound recording or a record in which words are in shorthand
writing or in a codified form.

The actual cost incurred by the respondent in giving the information

A fee is payable for information that is not contained in a written
record and is retrieved or collated using equipment that is usually available to the agency or Minister.

The actual cost incurred by the respondent in giving the information

Waiving charges

You can ask for the charge to be waived or reduced for any reason, including financial hardship or on the grounds of public interest. You will need to explain your reasons and you may need to provide some evidence.

We must waive the fee if:

Amend personal information

If you believe we hold information about you that is incomplete, incorrect or out of date, you can have this information amended.

Send us a written request with the following information:

We will process your request within 20 working days. If we decide to refuse your request, we will contact you first and give you the opportunity to comment and/or provide further information. Only then will we make the final decision.

Send your request to foiactdpp@act.gov.au or by post to:

FOI Contact Officer
GPO Box 595
Canberra City
ACT 2601

When we have made a decision about your request to amend your personal information, we will send you a letter explaining our decision and your review and appeal rights.

Review/Appeal

If you are not satisfied with the decision relating to your FOI request, you may apply to the ACT Ombudsman for a review of the FOI decision. An application for a review must be made in writing within 20 working days from the day the FOI decision is published in the ACT ODPP’s disclosure log.

Disclosure Log

The Director of Public Prosecutions is required to maintain a disclosure log in accordance with section 28 of the Freedom of Information Act 2016. The disclosure log falls under the Open Access Information categories and must be made publicly available.

Information provided to an applicant through an FOI request is published on the disclosure log between three and 10 working days after the decision notice has been sent out to the applicant.

The disclosure log must include:

Note: Applications for personal information will not published on the disclosure log.

Disclosure Log

The Director of Public Prosecutions is required to maintain a disclosure log in accordance with section 28 of the Freedom of Information Act 2016. The disclosure log refers to open access information that must be made publicly available. Set out below are descriptions of information requested, notice of decisions and documents that have been released pursuant to the requests. If you wish to obtain copies of these documents, please send an email to foiactdpp@act.gov.au with your request.


Reference number


Date of application


Information Requested


Decision


Date of decision


Fees (paid
or
waived)


Time spent on application


Ombudsman or ACAT decision
(if relevant)


Date of Publication on Disclosure Log

JB-200929085

13/02/2018

Documents relating to why EPA fines were withdrawn

No documents released

09/03/2018

-

1 working day

-

13/03/2018

AV-200929085

18/05/2018

Information on procedure for lodging a compensation claim over fabrication of evidence 
by ACT DPP and ACT Government Solicitor

No documents released

29/05/2018

-

 

Refer to

Ombudsman Review
-
AV-200929085

27/05/2020

MH-200929085

30/08/2018

Documents setting out factors determining an action under the Confiscation of Criminal Assets Act 2003 (ACT)

Documents were uploaded on the ODPP website on 05/09/2018

05/09/2018

-

 

-

27/05/2020

Ombudsman Review
-
AV-200929085

27/02/2019
-
Review of FOI decision

Decision letter to applicant, schedule of documents identified as being within scope of access application, any further information on reasons for decision

-

08/04/2019

-

 

Ombudsman’s decision to discontinue review as there was no reasonable prospect for DPP’s decision to be varied or set aside.

27/05/2020

BL-TAS-200929085

12/08/2019

Documents relating to criminal proceedings against Marinos Georgiadis (December 2018, Magistrates Court)

Documents released were - the police brief of evidence; the statement of facts; an application to adduce tendency evidence and supporting materials; the prosecutor’s case analysis; a transcript of the presiding Magistrate’s reasons for finding the offences proved; and documents relating to the subsequent sentencing proceeding

04/09/2019

-

 

-

27/05/2020

BL-SLK-200929085

12/08/2019

Documents relating to charges (CC2016/442, CC2016/442) against Christopher Paul Pappas, any other documents relating to the complaints against him

Documents released were - the police statement of facts; the police brief of evidence; some internal correspondence

05/09/2019

-

 

-

27/05/2020

AAB-200929085

20/02/2020

Documents relating to the investigation and prosecution in R v Evans [2015] ACTSC 17 heard on 25 July and 1 August 2014 in the ACT Supreme Court that include medical reports, factual investigation reports, police reports, court documents, court transcripts, witness statements, records of interview, record of telephone conversations, police investigation/activity log, and correspondence with the Roman Catholic Archdiocese of Canberra and Goulburn

Documents released relate to the preparation and conduct of the prosecution

17/03/2020

-

 

-

27/05/2020

MS-ABA-200929085

02/10/2020

ACT Youth Law Centre made an application on behalf of the applicant (Ajang Bior Ajang). The request was for video footage of the applicant at the ACT Supreme Court on 13/02/2020, including footage of him speaking to jurors, and for witness accounts of the applicant at the ACT Supreme Court on 13/02/2020, and for any statements made by court officers, lawyers, jurors and others about the applicant's behaviour at the ACT Supreme Court on 13/02/2020.

Documents relating to the applicant (comprising of emails and court documents) were released to the applicant’s representative.

09/10/2020

-

 

-

20/10/2020