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12/1331 15 February 2012 Ms Kim Bax

Sent by email to:

Dear Ms Bax Re:

Your Freedom of Information Request – Gary Lee Rogers and Other Matters

I refer to your request under the Freedom of Information Act 1982 (the Act) dated 12 January 2012. You requested the following: 1.

A copy of the Memorandum of Understanding pursuant to section 9 of the Witness Protection Act 1994 (Cth) involving the QANTAS baggage handler “Tom” and the National Witness Protection Program;


Copies of documents relating to formal investigations in relation to “Tom” including related correspondence;


Correspondence including emails sent by the Australian Protective Services Officer, Gary Lee Rogers to the Attorney-General’s Department including to former Attorney-General, Daryl Williams QC and all responses to such correspondence;


The report written in 1999 by Australian Protective Services Officer, Gary Lee Rogers, security faults at Sydney Airport;


Any and all other reports made by Gary Lee Rogers to his superiors in relation to ‘corruption, wrong doing and maladministration’;


Any and all documents relating to further action taken in consequence of the reports referred to in paragraphs 4 and 5, including action initiated by the Attorney-General’s Department.


The Australian Public Service audit report dated around March 2000 regarding missing

3-5 National Circuit, Barton ACT 2600 Phone (02) 6141 3284

Fax number (02) 6141 3563

ABN 92 661 124 436

equipment including firearms, handcuffs, bomb-suit equipment, batons, computers and mobile phones plus any and all documents concerning investigations into the missing equipment. Decision I am, pursuant to arrangements approved by the Secretary of this Department under section 23(1) of the Act, authorised to make decisions on behalf of the Department in relation to this matter. After having made appropriate searches and enquiries within the Department, I must advise that the Department is not in possession of the documents that you have requested. Accordingly, I am obliged to refuse your request under section 24A of the Act. That section allows an agency to refuse a request if all reasonable steps have been taken to locate the documents sought and it is satisfied that the documents do not exist or cannot be found. For the above reason, I am satisfied on this occasion that documents of the type you have requested do not exist. Rights of Review Should you wish to seek a review of my decision in this matter you have two options. You may seek an internal review by a senior officer of the Department. If you wish to pursue this course of action, you should forward an application to me within 30 days of the date of this letter. Alternatively you may seek a review of the decision by writing to the Office of the Australian Information Commissioner (OAIC). The OIAC also investigates complaints should you wish to complain about any aspect of the way in which your request has been handled. Applications for review by the OAIC should be sent to GPO Box 2999 Canberra ACT 2601 or to Further information can also be found at You are also entitled to, should you wish to do so, raise any criticisms with the Commonwealth Ombudsman about any aspect of the way in which your request has been handled.

Yours sincerely

Stuart Plowman Legal Officer FOI & Privacy Section Office of Corporate Counsel

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Attorney-General’s Department 3-5 National Circuit BARTON ACT 2600 Telephone: (02) 6141 4105 Email:

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Gary Lee Rogers - FOI Refusal  

A 15 Jan 2012 letter from the Commonwealth Attorney General's Dept

Gary Lee Rogers - FOI Refusal  

A 15 Jan 2012 letter from the Commonwealth Attorney General's Dept