OAIC FOI Insolvency Trustee Service Austalia

From: fionabrown01@hotmail.com
To: enquiries@oaic.gov.au
Subject: RE: Freedom of Information
Date: Sat, 11 Aug 2012 09:56:34 +1000

To whom it may concern,
I have attempted to obtain a copy of the Insolvency Trustee Service Australia's investigation policy under FOI  This is a requirement that must be met by Agencies under the Financial Management and Accountability Act. I have as yet  received no reply or  .acknowledgement from them although I have contacted them by email on 2 occasions them.
Following is a copy of the emails sent to them.
Thank you
Fiona Brown

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From: fionabrown01@hotmail.com
To: foi@itsa.gov.au
Subject: RE: Freedom of Information
Date: Sun, 5 Aug 2012 14:19:52 +1000

To whom it may concern,
I refer  to the following email sent to you on the 22nd July requesting a copy of  The Insolvency Trustee Service Australia's Investigation policy. This is a  requirement under the Financial Management and Accountability Act
Please would you supply me a copy under FOI.
Thank you
Fiona Brown

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From: fionabrown01@hotmail.com
To: foi@itsa.gov.au
Subject: Freedom of Information
Date: Sun, 22 Jul 2012 20:13:18 +1000

To whom it may concern,

Under Freedom of Information I am requesting a copy of the your agency's investigation policy. This is a requirement under the Financial Management and Accountability Act.

I will remind you what this contains:

S1.1 Investigation Policy

::A statement regarding the agency's objectives in carrying out its investigation functions and use of sanctions.

:: A clear definition of activities applicable to the Agency to which the AGIS apply. This should include a description of compliance activities that are not generally considered investigations by the agency.

::A statement regarding the agency's responsibility to manage matters that are considered minor or routine and

:: A statement regarding the agency responsibility to refer criminal matters to the Australian Federal Police. This should include considerations of joint agency investigation teams where appropriate.

Also under FOI I would like to be given in writing what level of Investigation training or qualification that Mark Findlay Bankruptcy Regulations received. Also I am requiring the same of Adam Toma National Manager Bankruptcy Regulations and Enforcement.

I am also particularly interested if your investigations policy require all applicable Acts be complied with.

Thank you

Fiona Brown

OAIC FOI Commonwealth Ombudsman

From: fionabrown01@hotmail.com
To: enquiries@oaic.gov.au
Subject: RE: Freedom of Information
Date: Sat, 11 Aug 2012 09:59:36 +1000

To whom it may concern,
I have attempted to obtain a copy of the  Commonwealth Ombudsmans investigation policy under FOI  This is a requirement that must be met by Agencies under the Financial Management and Accountability Act. I have as yet  received no reply or  acknowledgement from them although I have contacted them by email on 2 occasions .
Following is a copy of the emails sent to them.
Thank you
Fiona Brown

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From: fionabrown01@hotmail.com
To: ombudsman@ombudsman.gov.au
Subject: RE: Freedom of Information
Date: Sun, 5 Aug 2012 14:23:56 +1000

To whom it may concern,
On the 22nd July I requested a copy of the Commonwealth Ombudsmans Investigation Policy under FOI. This is a requirement under the Financial and accountability Act. As  yet I have received no response.
Thank you
Fiona Brown

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From: fionabrown01@hotmail.com
To: ombudsman@ombudsman.gov.au
Subject: Freedom of Information
Date: Sun, 22 Jul 2012 20:09:47 +1000

To whom it may concern,

Under Freedom of Information I am requesting a copy of the your agency's investigation policy. This is a requirement under the Financial Management and Accountability Act.

I will remind you what this contains:

S1.1 Investigation Policy

::A statement regarding the agency's objectives in carrying out its investigation functions and use of sanctions.

:: a clear definition of activities applicable to the Agency to which the AGIS apply. This should include a description of compliance activities that are not generally considered investigations by the agency.

::A statement regarding the agency's responsibility to manage matters that are considered minor or routine and

:: A statement regarding the agency responsibility to refer criminal matters to the Australian Federal Police. This should include considerations of joint agency investigation teams where appropriate.

Also under FOI I would like to be given in writing what level of Investigation training or qualification that Kent Pervis has received. Also I am requiring the same of Margaret Chinnery Diane Merryfull and Alison Larkins

I am also particularly interested if your investigations policy require all applicable Acts be complied with.

Thank you

Fiona Brown

Email 2 Australian Federal Police Commissioner

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From: fionabrown01@hotmail.com
To: commissioner@afp.gov.au
Subject: RE: Breaches of the AGIS and negligence of the AFP
Date: Sun, 12 Aug 2012 15:09:19 +1000

Re AGIS

.Dear Commissioner Negus,
 I refer to the following email to which I have received no reply.
I will ask you again and make it clear to you what I am seeking.
 What safeguards have the Australian Federal Police  put in place that Australian Government Agencies comply with  Australian Government Investigation standards?
Again this is another example of the incompetence of the Australian Federal Police who posses no obvious  powers in Australia.

Please could you advise me  how the Federal Police also  intend to  monitor this taking into consideration clear lack of foresight?

As with my previous email I remind you that should this matter go to court you will be subpoenaed to justify why the Commonwealth Ombudsman and the Australian Public Service Commission are able to protect  systemic corrupt conduct in Government Agencies using the investigation methods that you have revised.  

Thank you

Fiona Brown 

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From: fionabrown01@hotmail.com
To: commissioner@afp.gov.au
Subject: Breaches of the AGIS and negligence of the AFP
Date: Sat, 28 Jul 2012 12:43:42 +1000

.Dear Mr Negus,
I understand  the Australian Federal Police has been involved  in a programme which has revised the  IGIS, or Australian Government Investigation standards.
 You will be aware this is a requirement under the Financial and Accountability Act.
I am also aware all Government Agencies involved in this must complete training programmes.
However, Internal noncompliance with legislation in Government Agencies have allowed systemic corrupt conduct to flourish.
This is particular in the Insolvency Trustee Service, Commonwealth Ombudsman and the Australian Public Service Commission.
It is clear now that although investigation standards do exist there is no safeguard that agencies comply with them.
I am  now refer to section 4.8
Agencies are to refer any matters to the AFP for possible investigation where there is substantial evidence of criminal activity or suspected criminal activity by a member of an Agency fraud investigation , control prevention or compliance unit. The AFP will also consider investigating matters where there could  be a real or perceived conflict of interest if the matter were to be investigated by the Agency concerned(for instance , where the allegations concerns a member of the executive with some responsibility for the Agency's investigation function)
 The Insolvency trustee Service Australia is aware it's Principal Legal Officer Matthew Osborne is giving Legal Advice to Trustee that the Bankruptcy Act may be breached using S134(3). This gives discretion to  a trustee, however it is limited only to property realized.
According to Matthew Osborne this section gives a trustee discretion on all aspects of the Bankruptcy Act. It even extends to discretion as to misleading creditors.
Please would the Australian Federal Police  advise me what powers have been put in place by them when they are made aware of the serious breaches by a number of Government agencies of the AGIS to cover up atrocious misconduct.
If this matter should go to court  be aware I will  subpoena you  to give evidence  on your negligence .

Thank You

Fiona Brown