IGALBALLyl&IO'B RYANI

Gurrelerence

lawyers

PTG:LB

Your reference

20 May 2016

Commander Paul Osbome

Australian Federal Police

8yemai/:

Dear Commander,
Step hen Conroy

Thank you for meeting with me earlier today.

At our subsequent meeting, it was resolved:

Mr_

That the digital photographs taken by

and Mr _
of documents in which a
claim of parliamentary privilege has been made have been down loaded onto a USB to be
provided to the Clerk of the Senate.

That the digital photographs taken by Mr ~ on his mobile 'phone in which a claim of
parliamentary privilege has been made have also been provided to the Clerk of the
Senate on the same USB referred to above.

That the 32 photographic images of privileged documents contained on Mr S

mobile 'phone have been deleted.

That the AFP's technical advisers advised that the deleted images from the 'phone cannot
be retrieved. Further, that these images have not been stored on iCloud.

That the AFP will receive a written undertaking that all photographs of documents in
which a claim of parliamentary privilege has been made which were provided by Mr
S
have been deleted from their records and cannot be retrieved.

I understand that Mr ~ is an employee of NBN Co Limited. However, notwithstanding his

position within the company, I was informed he was authorised to carry out duties pursuant to the
warrant as a special member.

Nicholas M O'Sryan IPeter J Ward IPaul T Galbally IAndrew PO'Sryan Ifrank OIlono ICatherine EO'Sryan
Senior Associates Jacmto Studham I ElIZabeth Gray I Carl Wilsonl Kartya Gracer I Consultant Chnstopher Atkins
Melbourne office and all correspondence 259 Will ram Street I Melbourne 3000 I VICtoria Australia
Telephone +61 3920025331 Facsnmle +61 3 9670 3921 I Emall enqUlries@galballyobrian.com.au
Dandenong office Shop Nme 147 to 151 Foster Street Ioandenong 31751 Victoria Australra
Telephone +61397692510 I FacSimile +61397692520
Pakenham office Shop One 15 John Street I Pakenham 3810 IVictona Australia
Telephone +61359417990 I Facsimile +61359416805
Website www.galballyobryan.comau

2.
The law entrusts great responsibility in those exercising a coercive power such as a search
warrant to ensure that the power is exercised s~ according to law and not abused.
During our meeting I was advised by you that Mr ~ disseminated images of documents
obtained in the execution of the warrant to NBN Co Limited in circumstances where a claim of
parliamentary privilege had been made to NBN Co Limited. This act was wrong and, amongst
other things, clearly had the potential to undermine my clients' claim for privilege.
I would be grateful if you could advise me why Mr ~ disseminated the documents when a
clear claim for privilege had been made and acknowledged by the officers present. Further,
under whose authority did he take such action?
Finally, could you please provide me with the following:
o A list of all documents and items seized from my clients ' premises pursuant to the search
warrant.
o A copy of the affidavit in support of the warrant.

Paul Galbally
Partner
GALBALL Y & Q'BRYAN