REFERRAL TO THE AFP

AFP
AUsrnAuAN rEnEBArpouct TO: The Coordinator
Operations Monitoring Centre
Australian Federal Police

Refer to the AFP Website for location details

http://www. afp.qov. au/contact.aspx)
(

lnvestigation (part A)
E Search Warrant Assistance (part A&C)

Proceeds of Crime (part A&B)

tr Forensic Assistance (part A&D)

Pre ReferralAdvice
n
PART A - REQUEST FOR INVESTIGATION
Refer to the AFP Website for information relating to referring matters to the AFP.
( http //www. afp. q ov. a u/w hat-we-do/refe rra ls. aspx)
:

CONTACT DETAILS
Referring Agency: Department of Home Affairs
Agency Reference Number
/ Operation Name:
Referring Officer/ Name s11C

THIS DOCUMENT
Case Officer Contact:HAS BEEN
Telephone: DECLASSIFIED
s22(1)(a)(ii)

AND RELEASEDAddress
IN ACCORDANCE s22(1)(a)(ii) WITH THE
FREEDOM OF INFORMATION ACT 1982
Email s22(1)(a)(ii)

Signature of referring officer:

(COMMONWEALTH)
BY THE AUSTRALIAN FEDERAL POLICE
s22(1)(a)(ii)

Phone. s22(1)(a)(ii)

Date of Referral: 7 February 2019

REFERRAL DETAILS
Allegation/l ncident Description That officer/s with access to Department
Relevant Act and Section/Penalty of Home Affairs classified
material/briefings have provided
information to s11C the
National Affairs editor for The Australian

Relevant offences could be as follows:

Section 70 Crimes Act 1914 (Unlawful
Disclosure)
Section 42 Australian Border Force Act
201 5
Period of Offence Between 11 December 2018 and 7
February 2019
FOI - CRM 2019/722 Disclosure Log Folio - 1
 lncident Type Date/Time I ncident Start.

Date/Time lncident End:

Property/Fraud Value N/a

SUSPECT DETAILS
Name Unknown

Gender Unknown

Date of Birth

Address

PostalAddress

Telephone

Email

CLIENT IMPACT
Tick the most appropriate box indicating the impact of the matter on your agency,
and complete the explanatory notes section justifying the selection.

x THIS
Critical
DOCUMENT HAS BEEN DECLASSIFIED
A matter is politically sensitive
or goes to central issues of
AND RELEASED IN ACCORDANCE
management of agency or WITH THE
FREEDOM OF INFORMATION ACT 1982
program.
Significant A serious or complex crime has
(COMMONWEALTH)
been committed which the
BY THE AUSTRALIAN FEDERAL POLICE
agency cannot resolve without
AFP involvement.

Routine AFP investigation desirable

Strategic Strike A matter is defined as a
strategic strike under a service
agreement with the AFP
MOU/Agreement As per agreed upon between
referring agency and the AFP

BACKGROUND INFORMATION/EXECUTIVE SUMMARY

On 7 February 2019 The Australian published a story written by s11C

tilled Medivac Plan 'Compromises Border Protection'- Phelps bill a security risk:
AS/O (Attachment A). The article makes reference to a classified briefing from the
Department of Home Atfairs, which contains advice from ASIO and the Australian
Border Force.

2
FOI - CRM 2019/722 Disclosure Log Folio - 2
 On 11 December 2018, a l\,ilinisterial submission was prepared by the Department of
Home Affairs to the l\rinister for lmmigration, Citazenship and lVulticultural Affairs
litled 'Advice on the operation of the transitory person amendments to the
Miscellaneous Measures Bil' (PDMS Reference Number MS18-0'10954). The
document and attachments were classified 'Protected Sensitive: Legal' and were
authorised and cleared by s11C the Department's Chief Operating
Officer. The distribution list included the following:
Minster for Home Affairs
Secretary
ABF Commissioner
Deputy Secretary lntelligence and Capability
Deputy Secretary Policy
Deputy Secretary Executive
General Counsel
FAS Executive Coordtnahon Division
FAS lntelligence Division
A,/G FAS National Security and Law Enforcement Policy Division
AC Detention and Offshore Operations Command

The [rinisterial submission is not attached due to its security classification and can
be provided separately.

During the preparation of the Ministe.ial submission a number of areas within the
Department were consulted including the National Security and Law Enforcement
Division, the Joint Agency Task Force and the Australian Border Force. ASlOand
the Australian Government Solicitor (AGS) were also consulted.

On 6 February 2019 at the request of the Oflice of the Minister from lmmigration,
Citizenship and Multacultural Affairs an unclassified Ministerial submission was
prepared by the Department titled 'Unclassified advice on impact of the
Miscellaneous Measurcs Bill as amended by fhe Senafe'(pDMS Reference Number
l\rS19-000433). This submission was authorised and cteared by s11C
FAS lnternational Policy Division. The distribution list included:
Secretary
THIS DOCUMENT HAS BEEN DECLASSIFIED
Deputy Secretary Policy croup
AND RELEASED IN ACCORDANCE WITH THE
Deputy Secretary Corporate and Enabling Group
FAS, Legal Division
FREEDOM OF INFORMATION ACT 1982
A copy of the unclassified submission is at Attachment B.
(COMMONWEALTH)
BYs11CTHEarticle
AUSTRALIAN FEDERAL POLICE
The information contained in MS'18-010954 and IIS'19-OOO433 may have been the
basis of

The Department has commenced a review of its lT logs to determine if any employee
or contractor with access to its systems has provided details of the classified
submjssion ([/S'18-010954) to s11C or any other person not authorised to
access this material. This is being managed through the Department's tntegrity and
Professional Standards Branch s11C AJg Assistant Secretary 02
s22(1)(a)(ii)

s22(1)(a)(ii)
s7(1)

SUPPORTING DOCUMENTATION
(Evidence gathered in relation to offences identified. Please attach copies of relevant
documents and an Evidence lvlatrix)
. Have you attached supporting documentation?

FOI - CRM 2019/722 Disclosure Log Folio - 3

 YES

lf yes, list the documents attached and the relevant benefit to the investigation:

Attachment A Article from s11C National Affairs Editor, The Australian

titled Medivac Plan 'Compromises Border Protection'- Phelps bill a security risk:
AS/O. Dated 7 February2019.

Attachment B Unclassified Ministerial Submission MS19-000433 'Unclassified

advice on impact of the Miscellaneous Measures Bill as amended by the Senate. '

ADDITIONAL RELEVANT INFORMATION

N/a

CONSIDERATION FOR A JOINT INVESTIGATION

The Department of Home Affairs is agreeable to a joint investigation with the AFP.

PART B - PROCEEDS OF CRIME

Additional consideration and information required for Proceeds of Crime Referral:

. Has this matter been considered for proceeds of crime referral?

NO

THIS
. Has DOCUMENT
pre-referral HAS BEEN
consultation occurred DECLASSIFIED
with the AFP Financial lnvestigation
AND(FlT)
Team RELEASED IN ACCORDANCE WITH THE
NO FREEDOM OF INFORMATION ACT 1982
(COMMONWEALTH)
Provide a statement of known and/or potential assets, accounts (etc)
BY THE
suspected AUSTRALIAN
to be held FEDERAL
by the suspecUs, defendants POLICE
or relevant third parties.
Provide an analysis of all debt collection activity undertaken or planned by
your agency.

Your agency to provide a commitment to ongoing and forensic accounting

support in relation to the referral (if required).

Your agency is to be responsible for providing supporting material in an

appropriate form in order to support proceeds of crime recovery process.

PART C - REQUEST SEARCH WARRANT ASSISTANCE

Refer also: httD://www.afD.qov.aulwhat-we-do/ooerational-supporusearch-warrants-

procedures.aspx

. Location of search warrant(s)

. Proposed timings of warrants and/or details of any critical time frame

4
FOI - CRM 2019/722 Disclosure Log Folio - 4
 . ls your agency prepared to mel any additional cost (ie. out of metropolitan
travel costs and any consumables utilised by the AFP)

YES

. ls the affidavit attached? (An investigator can consult the Commonwealth Director
of Public Prosecution (CDPP) before applying for a warrant. CDPP can assist with
checking warrants for format and technical issues, whilst the AFP is available to
check content)

NO

. lfapplicable, provide a nominated CDPP case officer

. Has your agency considered all powers available, by virtue of their own
specific legislation, in order to gather evidence?

YES

. Any relevant circumstances (ie: the need for simultaneous warrants, multiple
suspects or anticipated requirement tol AFP Folensic Services)

Other rssues to be considered bv vour aoencv

. Whether the evidential material required js suitable for a criminal prosecution and not
for disciplinary, administrative or civil proceedings.
lf the offender is identified and is within the iurisdiction of the Department
(employee/contractor) the Depa(ment would take administrative disciplinary
action-

. Assurance that all relevant costs will be met by the requesting department (rn
accordance wjth AFP guidelines)
THIS
The DOCUMENT
Oepartment HAS costs
will meet reasonable BEEN DECLASSIFIED
AND
. The RELEASED
agency's IN safekeeping
capacity to ensure ACCORDANCE of seized itemsWITH THE to
and an undertaking
FREEDOM OF INFORMATION ACT 1982
account to the AFP as per guidelines
The Department has this capability
(COMMONWEALTH)
. An undertaking to provide appropriate resources
BYasTHE
Agreed, AUSTRALIAN FEDERAL POLICE
requiled
. Consideration of whether the execution of a search warrant is the most appropriate
course to pursue at the time
lf agreed by the AFP, the Department is very supportive of this action
. Determination of the department's resource capacity to assist in the execution of the
search including specialjst teams (ie: computer forensics)
The Department has computer forensic capability that could assist

. Consideration of utilising the assistance of the AFP Financial lnvestigation, Forensic

Services or lnformation Management teams

. Approval (at appropriate level) on behalf of the agency for the proposed course of
action to be taken

The Secretary of the Department of Home Affairs has been briefed and is
supportive of the matter being referred to the AFP. The Secretary has
discussed this referral with s7(1)

FOI - CRM 2019/722 Disclosure Log Folio - 5

 PART D - REQUEST FOR FORENSIC ASSISTANCE

What forensic capacity does the referring agency have or have access
to, including the use of private forensic consultants?
(Considering the nature of the investigation, the referral request, it may be
inappropriate to utilise private consultants.)
What Forensic assistance is sought from the AFP?
. Handwriting and signature comparisons
iDeterminatron of authorshrp detection of simulations)
. Typewritingexaminations
(ldentification of source typewriter. linking of documents, ribbon transcriptions)
. Printed document examination
(Exanlnation for laient handwritrng indentations. detection and interpretation of
oblrteraiicns erasures and alteiations docLrment reconstructrons tear line
matching and olher fornts of inrage enhancement)
. lnk and paper examinations
(Differentiation of links, different;ations of papers)
. Passport and identity document examinations
(Examination of counterfeit and altered passpons. Australian and other
nalionalities). travel visas, drivers Iicences and other forms of identification)
. Determination of authenticity
(Examination of birth certificates, naturalisation certificates. security documents
and other official documentation)
. High value document examinations
(Examination of travellers cheque. bank and personal cheques, Australian and
THIScurrencies)
foreign DOCUMENT HAS BEEN DECLASSIFIED
.
AND RELEASED IN ACCORDANCE WITH THE
Credit card examination
(Examinatior: of counterfeit and aliered credit cards)
FREEDOM OF INFORMATION ACT 1982
. Preliminaryexaminations
(COMMONWEALTH)
(Preliminary over the counter advice on most examination can provide the
BY THE
investigator AUSTRALIAN
with valuable FEDERAL
information that may impact on thePOLICE
direction of an
investjgation)
. Computer Forensics
. Other (indicate if other Forensic assistance is sought)

Approved by: s11C

First Assistant Secretary

lntegrity, Security and Assurance Division
Department of Home Affairs.
Date: 7 February 2019

6
FOI - CRM 2019/722 Disclosure Log Folio - 6
 07 Feb 2019
.**4-*'f '4
The Australian, Australia
Author: Simon Benson . Section: General News . Article Type: News ltem
Audience :94,448. Page: 1 . Printed size: 487.00cm' . Region: National
Market: Australia . ASR: AUD 12,529 . words: 926 . ltem lD: 107M77912

fIE' f
T.UI isentia.mediaportal
Licensed by Copyright Agerrcy. You may only copy or communicate this work with a licence.
Page 1 of 2

MEDTVAC PLAN'COMPROMISES BORDER PROTECTION'

Phelpsbill
a security
riskASIb
EXCLUSIVE
SINION l][:NSON
NATIONAL A}'}AIRS EDITOR

THIS
IntelligenceDOCUMENT
agencies are under- HAS
pected to startBEEN DECLASSIFIED
arriving "within ments with the govemment.

AND RELEASED IN
royal ACCORDANCE WITH THE
stood to have wamed in a classi- weeks" of the bill being given
fied briefing to the govemment assent, and being trans- In addition to the offer of a
that the "third pillar" of the ferred within another four to five briefing, the letter outlined why
FREEDOM
nation's
tecture
OF INFORMATION
border-protection archi-
the offshore processing
weeks.
The reopening of the Christ-
ACT 1982opposed Dr
the govemment
Phelps'proposal to put two doc-
-
of asylum-seekers
dismantled if Kerryn - would (COMMONWEALTH)
be
Phelps'
mas lsland regional processing
centre may haveto considered
be
tors in charge ofadvising whether
asylum-seekers should be trans-

BYAustralian
THEunderstands
AUSTRALIAN
medivac bill becomes law.
The
that the briefing from the Depart- people-smuggling. A declassified
ment of Home Aftairs, based on
advice from ASIO and Australian
Border Force, specifi cally referred
to the threat to the "third pillar" of
border control policy, which oper-
ates alongside boat turnbacks and
temporary protection visas.
The classified briefing
understood tohave provided
detailed advice on the need for
mothballed detention centres in
Australia to be reopened to
accommodate transfers of people
who were unable to be subiected
to a timely threat assessment or
those deemed not safe to
allowed to live in the community.
The advice wamed that up to
1000 asylum-seekers on Manus
Island and Nauru would be ex-
FEDERALNauruPOLICE
ahead of a possible revival of ferred off Manus Island and
on medical grounds.
briefi ng note provided to TheAus-
tralian yesterday said that Dr
Phelps'bill would renderthe gov-
emment powerless to conduct
proper security threat assess-
ments or stop transfers to the
mainland.
is
labor, the Greens and other
crossbenchers have said they are
inclined to support the bill when
parliament resumes nextweek for
the first time this year. Cross-
bencher Rebekha Sharkie will
meet the Prime Minister this
week after accepting an offerfrom
his office for a briefing.
be
Ms Sharkie received the offer
late on Tuesday after she con-
firmed her intention to support
the legislation while also remain-
ing open to discussing amend-
The redacted version of the
security advice said that, under
existing national security legis-
lation, which defines security as
espionage, sabotage, foreign in-
terference and communal viol-
ence, the Department of Home
Affairs would be unable to stop
transfers of people with criminal
records, including rape, paedo-
philiaormurder.
The advice said a flaw with the
bill was that the new definition of
a "relevant transitory person"
would mean Australia would be
responsible for those already re-
settled in Papua New Guinea, in-
cluding children bom to
transferees and citizens of PNG.
This would "impinge" on the sov-
ereignty of Australia's neighbour.

FOI - CRM 2019/722 Disclosure Log Folio - 7

ITTtrTil.
-" *'- --**-l 07 Feb 2019
The Australian, Australia

f isentia.mediaportal
Licensed by Copyright Agency. You may only copy or communicate this work with a licence
Page 2 ot 2

"In its current form, the Home

Affairs Legislation Amendment
(Miscellaneous Measures) Bill
2018 would undermine regional
processing and compromise Aus-
tralia's strong border protection
regime," the redacted advice said.
"The bill would enshrine into law
Continued on Page 6

l.ln its current form, theHome Affairs Legislation Amendment

(Miscellaneous Measures) Bill 2018 would undermine regional
processing and compromise Australia's strong border
protection regime.

Extract from the Department of Home Affairs advice

Medivac bill a national security risk, ASIO wams

Continued from Page I
processes for the transfer of cer-
tain transitory persons in regional
processing countries to Australia
for a medical purpose. This could
result in all transferees in regional
processing countries being
brought to Australia within
short period of time.
ticularly acute for arrivals of peo-
ple largely unknown to agencies.
"The amendments in the bill
currenfly provide very limited
timeframes for decisions on trans-
fer to be made (within 24 hours)
which seriously limits the ability
a to undertake security and back-
ground checks," the briefing said.
related to medical transfers.
The govemment would retain
control of all decisions. The Prime
Minister said the medical review
panel was being established to
strengthen the system which was
being exploited. Bill Shorten said
he was still inclined to support the
Phetps bill but was open to con-

THIS DOCUMENT HAS BEEN DECLASSIFIED

sidering the govemment's plan for
"The bill tal<es the decision- It added that the amendments
medical review panel.
provided the minister with a lim- a
making power for border security
AND RELEASED IN ACCORDANCE WITH THE
out of the hands of govemment
and places it in the hands of medi-
ited basis for refusing the transfer
of"a relevant transitory person on

FREEDOM
be consulting the OF
cisionINFORMATION ACT 1982
cal practitioners. These practi- security grounds iftheir initial de-
tioners may to refuse transfer is not
agreed to by the independent
The amendments passed the (COMMONWEALTH)
person remotely."
health advisory panel". "That is
where the minister reasonably be-

BY THE AUSTRALIAN FEDERAL POLICE

Senate last year with the support
oflabor and the Greens. lieves that the transfer of the per-
The thrust of the Phelps bill son would be prejudicial
is
to take medical transfer decisions
away from the department and
givethem to two ormoreindepen-
dently appointed doctors. The
home affairs minister would re-
tain the power to refuse a transfer
on national security grounds.
However, under the ASIO Act
narrowly defined
1979, security is
by threats to the homeland, in-
cluding sabotage, espionage,
attacks on defence, and politically
motivated violence, but not on
other criminality.
The agencies argue that be-
cause the minister would have 24
hours to refuse an entry, ASIO
would not have enough time to
conduct a proper security threat
assessment. This would be par-
to
security within the meaning ofthe
Australian Security Intelligence
Organisation Act," it said. "This is
avery high threshold."
The advice confirms the gov-
emment's claim the Phelps bill
would end offshore processing.
The govemment faces a likely
defeat in the House ofRepresent-
atives, with all but one indepen-
dent, Labor and the Greens saying
theywould supportthebill.
Mr Morrison this week an-
nounced the govemment was cre-
ating a medical review panel
consisting of doctors appointed
both independently and by gov-
emment but it would be limitedto
providing recommendations and
reviews of departmental decisions

FOI - CRM 2019/722 Disclosure Log Folio - 8

 UNCLASSIFIED ,4*"ln*f 4
Submission
#',m
+i,r-++"$F.g;:{.'
Australian Government
Department of Home Affairs
For information
PDMS Ref. Number MS19-000433

To Minister for lmmigration, Citizenship and Multicultural Affairs

Subject Unclassified advice on impact of the Miscellaneous Measures Bill as

amended by the Senate

Timing Urgent - 6 February 2019, as requested by your Office.

Recommendations

That you:

l-. Note the expected impacts of the Home Affoirs Legislation noted / please discuss
Amendment (Miscelloneous Meosures) Bill 2078 as amended
by the Senate, if enacted into law.

Minister for lmmigration, Citizenship and Multicultural Affairs

THIS DOCUMENT HAS BEEN DECLASSIFIED

AND RELEASED IN ACCORDANCE WITH THE
Signature
FREEDOM OF INFORMATION ACT 1982
Date:....../.. ..... / 2079

(COMMONWEALTH)
BY THE AUSTRALIAN FEDERAL POLICE

FOI - CRM 2019/722 Disclosure Log

UNCLASSIFIED Folio - 9
 UNCLASSIFIED

Reiected Relevance lenSth quality

Yes/No Highly relevant E Too long Poor 1......2......3......4......5 Excellent
Significantly tr Right length Comments:
relevant El Too brief
Not relevant

Key lssues

1. Your office has requested the Department of Home Affairs to provide an unclassified
submission on the impact of the Home Affoirs Legislotion Amendment (Miscelloneous
Measures) Bill 2018 as amended by the Senate.

2. The unclassified advice on the possible impacts are at Attachment A.

Background
THIS DOCUMENT HAS BEEN DECLASSIFIED
3.
AND RELEASED IN ACCORDANCE WITH THE
The Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 builds on the
Phelps Urgent Medical Treatment Bill and was passed by the Senate on 6 December 2018,
FREEDOM OF INFORMATION ACT 1982
after receiving support from Labor.
(COMMONWEALTH)
4. The Bill provides for the transfer of transitory persons from regional processing countries to
Australia forBY THE AUSTRALIAN
the purposes of medical or psychiatricFEDERAL POLICETo effect a
assessment or treatment.
transfer, individuals must obtain the recommendation of two 'treating doctors' to transfer to
Australia for assessment or treatment, or transfer as accompanying family or persons.

Consultation - internal/external

5. Legal Division.

Consultation - Secretary

6. The Secretary has been consulted on the approach in the submission.

FOI - CRM 2019/722 Disclosure Log

UNCLASSIFIED Folio - 10 2
 UNCLASSIFIED
Sensitivities

7. The Senate amendments to the Miscellaneous Measures Bill have been the subject of
significant media interest. Transfers of transitory persons to Australia on medical grounds also
often attracts public and media attention.

Attachments

Attachment A Unclassified advice on the impacts of the Home Affairs Legislation Amendment
(Miscelloneous Measures) Bill 2018

Officer

Cleared by:

David Wilden
First Assistant Secretary, International Policy Division

Date: 6 February 2019

Ph s22(1)(a)(ii)

Contact Officer s11C Assistant Secretary, Pacific and Transnational lssues, P s22(1)(a)(ii)

CC Secretary
THIS DOCUMENT
Deputy Secretary Policy Group HAS BEEN DECLASSIFIED
AND RELEASED IN ACCORDANCE WITH THE
Deputy Secretary Corporate and Enabling Group
First Assistant Secretary, Legal Division

FREEDOM OF INFORMATION ACT 1982

(COMMONWEALTH)
BY THE AUSTRALIAN FEDERAL POLICE

FOI - CRM 2019/722 Disclosure Log

UNCLASSIFIED Folio - 11 3
 s22(1)(a)(ii)

s11C

s11C

THIS DOCUMENT HAS BEEN DECLASSIFIED

AND RELEASED IN ACCORDANCE WITH THE
FREEDOM OF INFORMATION ACT 1982
(COMMONWEALTH)
BY THE AUSTRALIAN FEDERAL POLICE

FOI - CRM 2019/722 Disclosure Log Folio - 12

 s11C

s11C

s7(1)

s7(1)

THIS DOCUMENT HAS BEEN DECLASSIFIED

AND RELEASED IN ACCORDANCE WITH THE
FREEDOM OF INFORMATION ACT 1982
(COMMONWEALTH)
BY THE AUSTRALIAN FEDERAL POLICE

s22(1)(a)(ii)

FOI - CRM 2019/722 Disclosure Log Folio - 13

 THIS DOCUMENT HAS BEEN DECLASSIFIED
AND RELEASED IN ACCORDANCE WITH THE
FREEDOM OF INFORMATION ACT 1982
(COMMONWEALTH)
BY THE AUSTRALIAN FEDERAL POLICE

FOI - CRM 2019/722 Disclosure Log Folio - 14

 s11C

s11C

THIS DOCUMENT HAS BEEN DECLASSIFIED

AND RELEASED IN ACCORDANCE WITH THE
FREEDOM OF INFORMATION ACT 1982
(COMMONWEALTH)
BY THE AUSTRALIAN FEDERAL POLICE

s22(1)(a)(ii)
s22(1)(a)(ii)

s22(1)(a)(ii)

s11C

s22(1)(a)(ii)

FOI - CRM 2019/722 Disclosure Log Folio - 15