Disclosure Log

1. Bribery of National Public official

Request:  How many convictions have been secured in terms of divisions 141 and 142 of the Criminal Code 1995 for the period 2019 to current.

2. Embezzlement

Request:  How many convictions have been secured in terms of divisions 131, 132, 134, 135, 136 and 137 of the Criminal Code 1995 for the period 2019 to current.

3. Abuse of Functions

Request:  How many convictions have been secured in terms of division 139 of the Criminal Code 1995 for the period 2019 to current.

4. Money Laundering

Request:  How many convictions have been secured in terms of divisions 400 of the Criminal Code 1995 for the period 2019 to current.

Documents providing for

1. the establishment of the CDPP
2. the appointment of Sarah McNaughton SC as the Director of the CDPP

1. the Director of Public Prosecutions Act 1983 (Commonwealth);
2. the Instruments of Appointment and Reappointment of the current Director of Public Prosecutions, Sarah McNaughton SC. Released in full.

Summary of FOI request received by CDPP:

1. Prosecution Policy of the Commonwealth
2. Offence Guides

Description of information released (and whether released in full or part):

1. One document was released in full
2. Access was refused

CDPP20214-1.pdf

CDPP20214-2.pdf

CDPP20214-3.pdf

• The ‘prima facie’ case of Witness K in regards to breaches of s.39 of the Intelligence Services Act 2001 (Cth) as per 2.5 of the CDPP’s prosecution policy
• The ‘prima facie’ case of Bernard Collaery in regards to alleged breaches of s.39 pf the Intelligence Services Act 2001 (Cth) as per 2.5 of the CDPP’s prosecution policy
• An evaluation of the ‘public interest’ test of the prosecution of Witness K in regards to breaches of s.39 of the Intelligence Services Act 2001 )Cth) as per 2.8, 2.9 and 2.10 of the CDPP’s prosecution policy
• An evaluation of the ‘public interest’ test of the prosecution of Bernard Collaery in regards to alleged breaches of s.39 of the Intelligence Services Act 2001 (Cth) as per 2.8, 2.9 and 2.10 of the CDPP’s prosecution policy

1. Number of convicted Centrelink fraud offenders organised by financial year and gender from 2018-19 onwards.
2. Number of  convicted Centrelink fraud offenders organised by financial year and Indigenous status from 2015-16 onwards.
3. Number of convicted Centrelink fraud offenders aggregated by both gender and Indigenous status from 2015-16 onwards.

1. A spreadsheet summarising the outcome for all matters under all sections and sub-sections of the Corporations Act 2001 (Cth) that were finalised between 1 January 2009 and 31 December 2018.
2. A spreadsheet summarising the outcome for all matters under all sections and sub-sections of the Australian Securities and Investments Commission Act 2001 (Cth) that were finalised between 1 January 2009 and 31 December 2018.

A penalty outcome summary report for all prosecutions initiated since July 2015 for secrecy offences previously set out in s70 of the Crimes Act (these have now been relocated to the Criminal Code).

Please include matters where a prosecution was initiated but discontinued, and matters where there were proved and not proven offences.

1. Copies of documents sent from the CDPP to the Commonwealth Attorney-General or the Commonwealth Attorney-General's Department between 1 January 2012 and 29 May 2018 regarding the investigation and prosecution of Witness K and Bernard Collaery; and
2. Copies of documents sent from the Commonwealth Attorney-General or the Commonwealth Attorney-General's Department to the CDPP between 1 January 2012 and 29 May 2018 regarding the investigation or prosecution of Witness  K and Bernard Collaery.

1. Centrelink matters convicted by financial year and gender from 1 July 2015 to 31 May 2019
2. Convicted Centrelink matters where the defendant received a penalty of s19B(1)(c) and/ or s19(1)(d) from the Crimes Act 1914 (Cth) by financial year and gender for the financial years 2015/16; 2016/17; 2017/18 and 2018/19 (as at 31 May 2019)

Data on prosecutions for offences contrary to s184 of the Corporations Act 2001 (Cth) sentenced/ finalised between 1 January 2015 to 31 May 2019

1. The number of matters that were sentenced between 3 January 2017 - 2 January 2019 where DHS was the referring agency; and
2. Details of matters sentenced between 3 January 2018 – 2 January 2019 where DHS was the referring agency, including:

• a brief description of the fraud;
• the amount of the overpayment;
• the district/ postcode of the fraud; and
• the outcome of the case (if it exists).

1. Request for Statistics on:

a)  dispositions recorded by the CDPP under section 20(1)(b) of the Crimes Act 1914 (Cth) (‘the Crimes Act) for the calendar years of 2014, 2015, 2016 and 2017, and

b)  of the matters falling within a) above, the number of matters that were subsequently breached.

1. Any direction and/or guidance given by, and/or on behalf of, the Attorney-General Christian Porter in relation to the prosecution of witness K and/or Bernard Collaery.
2. Any direction and/or guidance given by, and/or on behalf of, then Attorney-General George Brandis in relation to the prosecution of witness K and/or Bernard Collaery.
3. Any direction and/or guidance given by, and/or on behalf of, Commonwealth DPPs past and present in relation to the prosecution of witness K and/or Bernard Collaery.
4. Any documents containing information about:  when the Commonwealth DPP first received a brief of evidence from the AFP on the matter referred to in 1) and 2)?  The least amount of information showing this date will fulfil the scope of this request.
5. Any documents containing information about:  when a recommendation was first made to Federal Attorneys-General Brandis and/or Porter in relation to a prosecution of (i) Witness K and ii) Bernard Collaery?  The least amount of information showing this date will fulfil the scope of this request.
6. Any documents containing information about:  whether a decision was made by the Attorneys-General Brandis and/or Porter in relation to the recommendation referred to in 5
7. Any documents containing information about: whether in relation to the summons against Witness K and Bernard Collaery issued in May 2018, when the brief of evidence upon which the summonses were issued, was received by the Commonwealth DPP?  The least amount of information showing this date will fulfil the scope of this request.
8. Any documents containing information about:  whether any new evidence was provided and/or emerged subsequent to the first brief referred to in question a) and whether there was any new and/or additional evidence beyond that contained in the first brief of evidence to the DPP that was relied upon in relation to the summons issued in May 2018.
9. Any documents containing information about when the Commonwealth DPP forwarded a brief of evidence to the Attorney general Christian Porter?  The least amount of information showing this date will fulfil the scope of this request.

1. No documents exist
2. No documents exist
3. Access was refused
4. The CDPP first received a brief of evidence from the AFP in relation to these matters on 18 February 2015.
5. A request for consent to prosecute was first made by the then CDPP Robert Bromwich SC to former Attorney-General George Brandis on 17 September 2015.  A further request for consent to prosecute was made by CDPP Sarah McNaughton SC to Attorney-General Christian Porter on 19 March 2018.
6. One document was released in part.  Access to one other redacted document has been deferred pursuant to section 21 of the FOI Act.
7. The brief of evidence assessed by the CDPP in deciding to commence these prosecutions was complete by July 2015.
8. Access was refused.
9. No documents exist

1. A copy of any document or thing that is on your possession and control that provides you with authority to prosecute AMC 18/5575: ATP  v Andrew Morton Garrett

1. A link to one document was released in full: https://www.legislation.gov.au/Details/C2018C00187.

Bernard Collaery, verse (sic) Commonwealth of Australia East Timor Spy case

Could you advise the following:

1. Whether any documents are held to advise the Attorney General whether  Public Interest Disclosure Act 2013 applies to this matter or whether any other whistleblower or Commonwealth law does? Please provide any correspondence emails or ministerial briefings documentation which rules it in or out?
2. Any documentation to the Attorney General and or Commonwealth Director of Public Prosecution, which provides a legal opinion on  Ie Conspiracy to pervert the cause of Justice. Criminal matter not being investigated i e Alexander Downer Ex Foreign Minister obtaining a material advantage from a job with Woodside who would have significantly benefited from insider trading information ie bugging the East Timor Cabinet Officers. Any documents which confirms the reasons why Alexander Downer is not being investigated for illegal activities? Any documentation which confirms the matter was not refer on to ASIC?
3. Any Documentation which confirms any discussions with the Timor-Leste government confirming not to take action against Alexandria Downer ie  Action stopped by Timor-Leste Government at the request of the Australian government ie  Interpol red notices issue for the arrest of Alexander Downer for crimes against the  Democratic Republic of Timor Leste? 
4. Any documents which confirms the reasons why the Attorney General signed off on this prosecution, but not on matters related to Ex Foreign Affairs Minister Alexandria Downer actions?
5. Any documentation or briefing notes to any party, which a decision not to investigate ex foreign Minister Alexander Downer for breaches of Commonwealth or International law under UN Charter?

Any documentation on why the prosecution was delay and was there any political interference to delay a criminal prosecution and for what reason?

1. No documents exist
2. No documents exist
3. No documents exist
4. No documents exist
5. No documents exist
6. Two documents were released in part

1. The number of charges instigated for Division268 of the Code since 2002 and Division 274 of the Code since 2010
2. The number of charges that have led to prosecutions under Division 268 of the Code since 2002 and Division 274 of the Code since 2010
3. Number of referrals or matters that the Composition of the ‘Organised Crime and Counter‑Terrorism Practice’ reviewed or is reviewing in relation to war crimes (or other offences within Division 268) referred to in Annual Reports of 2014, 2015, 2016 and 2017
4. The CDPP assessment of the charges pursuant to Division 268 of the Criminal Code (Cth) relating to the then President of Sri Lanka, Mahinda Rajapaksa in 2011.
5. The CDPP assessment of the request to prosecute pursuant to Division 268 of the Criminal Code relating to the former Israeli Prime Minister Ehud Olmert in 2009
6. Any other CDPP assessments relating to other persons who were charged with, or the subject of requests to prosecute, for offences pursuant to Divisions 268, since 2002 and Division 274, since 2010 of the Criminal Code.
7. Any assessments made in relation to whether Australians returning from fighting in Syria and Iraq are to be charged with offences under Division 268
8. The number of matters referred from foreign countries relating to Australians involved in genocide, war crimes or crimes against humanity
9. The number of Mutual Assistance Requests and the number of Extradition requests made in relation to Division 268, since 2002 and Division 274, since 2010 of the Criminal Code to foreign countries, the names of the foreign countries as well as the number of requests granted
10. Number of charges that have resulted in a successful conviction and access to the documents specifying names and the case citations for successful convictions

1. The information requested was extracted from a data base and released in full
2. The information requested was extracted from a data base and released in full
3. The information requested was extracted from a data base and released in full
4. Access was refused
5. No documents exist
6. Access was refused
7. No documents exist
8. No documents exist
9. This aspect of the request was transferred to another agency
10. The information requested was extracted from a data base and released in full

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1. Data on money laundering prosecutions from 2000 until 2017.

1. Money Laundering by Act and outcome 2000-2017 (as at 14.03.18) – released in full
2. Penalty Outcome Summary Report – Proceeds of Crime Act (as at 14.03.18) – released in full
3. Penalty Outcome Summary Report- Criminal Code Commonwealth (as at 14.03.18) – released in full
4. Penalty Outcome Summary Report – AMLCT (as at 14.03.18)- released in full

1. Information about convicted social security offenders aggregated by sex between 2000-01 and 2014-15

1. Centrelink matters convicted by financial year and gender from 1 July 2000 to 30 June 2015 (As at 01.02.2017) – released in full
2. Convicted Centrelink matters where the defendant received a penalty of s19B(1)(c) and/ or s19(1)(b) from the Crimes Act 1914 by financial year and gender (as at 01.02.2017) – released in full

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1. People Smuggling statistics

1. The number of charges instigated for the following offences under Division 12, Subsection A of the Migration Act 1958 (Vth), including offences as they were prior to amendments:

• Section 233A ‘Offence of People Smuggling’

Previously section 233

• Section 233B ‘Aggravated Offence of People Smuggling (dangerous death etc).
• Section 233C ‘Aggravated Offence of People Smuggling (5 or more people)’

Previously Section 232A

• Section 233D ‘Supporting the Offence of People smuggling’

2. The number of charges instigated for the following offences under Division 73, Subsection A of the Criminal Code Act 1995 (Cth), including offences as they were prior to amendments;

3. The number of charges under the sections included in (1) and (2) that have resulted in a successful conviction, and access to documents specifying the names (or pseudonyms, assuming names cannot be disclosed for confidential reasons) and the case citations for these successful convictions.

4. A report detailing all existing/ available data for phases of the prosecution process including committal, trial, sentence and appeal under the offences in (1) and (2), since 1 January 1999 to 1 Fbruary 2017, including particulars of defendant names or pseudonyms, dates, court offence/ counts/ charge/ plea/ outcome and penalties.

CDPP People Smuggling stats, released in full.

1. Matters in relation to DHS staff misconduct referred to the CDPP between 1 July 2014 and 31 October 2014.

1. Table containing summary of matters referred including, charge, outcome and brief facts – released in full.

 CDPP20170X.xlsx

1. Request for “a penalty summary sheet for all matters commenced under s89, 90, 91, 92, 93, 94, 95, 96, 97 of the Postal Services Act 1975”.

1. CDPP Penalty Outcome Summary, released in full.

1. Report on the outcome of all matters pursuant to section 159, 159A or 159B of the Child Support (Assessment) Act 1989 and section 119 of the Child Support (Registration and Collection) Act 1988 between 1 October 1989 and 31 July 2016

1. Penalty Outcome Summary Report as at 24 August 2016 for section 119 of the Child Support (Registration and Collection) Act 1988
   This report contains all matters that have at least one offence against section 119 of the Child Support (Registration and Collection) Act 1988 where the defendant received a sentence/ penalty.
   Released in full.
2. Penalty Outcomes Summary Report as at 24 August 2016 for sections 159 of the Child Support (Assessment) Act 1989
   This report contains all matters that have at least one offence against section 159 of the Child Support (Assessment) Act 1989 where the defendant received a sentence/ penalty.
   Released in full.
    
   The CDPP had no record in our database of prosecutions pursuant to section 159A or section 159B of the Child Support (Assessment) Act 1989.

1. The number of charges instigated for Division 272 of the Criminal Code and any related extraterritorial child sex offences, since the implementation of the Crimes (Child Sex Tourism) Amendment Act 1994 (Cth).
2. Number of Mutual Assistance Requests and the number of Extradition requests made in relation to Division 272 of the Criminal Code to foreign countries, the names of the foreign countries as well as the number of requests granted.
3. Number of charges that have resulted in a successful conviction and access to the documents specifying names and the case citations for successful convictions.

1. The number of charges instigated for Division 272 of the Criminal Code and any related extraterritorial child sex offenses, since the implementation of the Crimes (Child Sex Tourism) Amendment Act 1994 (Cth).

   Response - This document was released in full

2. Number of Mutual Assistance Requests and the number of Extradition requests made in relation to Division 272 of the Criminal Code to foreign countries, the names of the foreign countries as well as the number of requests granted.

   Response - This Office confirms that it has not sought the Extradition of any offender or fugitive in respect of an offence or alleged offence pursuant to Division 272 of the Criminal Code (Cmth)

3. Number of charges that have resulted in a successful conviction and access to the documents specifying names and the case citations for successful convictions.

   Response - This Office confirms that one Mutual Assistance request has been made to the United States of America for offences pursuant to Division 272 of the Criminal Code (Cmth) in relation to one offender. The Mutual Assistance request was withdrawn shortly after it was made as the offender entered a plea of guilty.

A report detailing all available data for all phases of the prosecuting process including committal, trial, sentence and appeal under Division 272 of the Criminal Code 1995 (Cth) between 1 January 2010 to 1 February 2016 including particulars of defendant name or pseudonyms, dates, court offence/counts/charge, plea/outcome and penalties.

Authorisation

The applicant requested a report summarising all available data for all phases of the prosecuting process including Committal, Summary, Trial, Sentence and Appeals for section 70 and 79 of the Crimes Act 1914 between 1 January 1990 and 22 July 2015 and section S 91(1)

of the Criminal Code. The request was later modified to include all outcomes for section 70 and 79 of the Crimes Act 1914 including those matters discontinued or withdrawn for all phases of the prosecuting process including Committal, Summary, Trial, Sentence and Appeals between 1 January 1990 and 22 July 2015.

The applicant requested a report summarising the Penalty Outcome for all matters commenced under the following provisions of the following legislation between 1 January 2000 and January 2015.

• Offences pertaining to s 20, s 21, s 27 , s 28 of the Charter of the United Nations Act 1945.
• Offences pertaining to s 6, s 7, s 8, s 9 of the Crimes (Foreign Incursions and Recruitment) Act 1978.
• Offences pertaining to s 24AA, s 24A, s 25, s 26, s 27, s 28, s 29 of the Crimes Act 1914.
• Offences pertaining to s 72.3, s 80.1, s 80.1AA, s 80.2, s 80.2A, s 80.2B, s 80.2C, s 91.1, s 115.1, s 115.2, s 115.3, s 115.4 of the Criminal Code.

Offences pertaining to s 8 of the Crimes (Hostages) Act 1989.