FOI Reference: LEX 12797
File Reference: 25/26866
October 2025
FoiFoi Mcgee
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear FoiFoi Mcgee
Re: Freedom of Information Request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) for access to documents under the
Freedom of Information Act 1982 (the
FOI Act).
I am writing to provide you with a decision about your request.
I have identified documents relevant to your request. After careful consideration, I have
decided to grant you access to an edited copy of the documents, with irrelevant and exempt
material removed.
Your request
On 4 September 2025, you were advised that the department interpreted your request for
access to:
Request:
For the period 16 to 19 October 2023 – Documents provided to the Foreign Minister
Penny Wong that contain a finding or conclusion that Israel was not responsible for
the explosion on 17 October 2023 at the Al-Ahli Arab Hospital in Gaza.
Context
On 19 October 2023 in Senate Estimates, the former Senator Simon Birmingham
asked the Foreign Minister:
My question is to the Minister representing the Prime Minister, Senator Wong. In
response to a question from Senator Waters yesterday in relation to the explosion at
al-Ahli Arab Hospital in Gaza, which has resulted in further tragic loss of innocent
lives, you correctly at the time noted:
There are obviously conflicting reports about what has occurred.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
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+61 2 6261 1111
@DFAT
Overnight, President Biden has stated that, based on US information, it appears to be
as a result of an errant rocket fired by a terrorist group in Gaza. A spokesperson for
the United States National Security Council further clarified:
… our current assessment, based on analysis of overhead imagery, intercepts, and
open source information, is that Israel is not responsible for the explosion at the
hospital in Gaza …
Minister, what is Australia's assessment or understanding of responsibility for the
tragic explosion at al-Ahli Arab Hospital in Gaza?
The Foreign Minister in providing a response stated:
I think it is probably most appropriate, again, to refer to the US National Security
Council's words, which Senator Birmingham referenced. The statement that was
made was:
While we continue to collect information, our current assessment … is that Israel is
not responsible for the explosion at the hospital in Gaza yesterday.
On 24 September 2025, the department requested a 7-calendar day extension of time to
process your request (section 15AA of the FOI Act).
On the same day, you consented to the extension of time. The department subsequently
notified the Office of the Australian Information Commissioner (OAIC) of the extension of
time in accordance with our reporting obligations.
Authority
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to
FOI requests.
Reasons
In making my decision I have taken into account:
• the terms of your request; and
• the documents within the scope of your request; and
• the FOI Act; and
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act (FOI Guidelines).
The reasons for my decision and for the application of exemptions under the FOI Act to the
document are set out below. Where I refer to sections of the FOI Act, these are available at
www.legislation.gov.au. Where I refer to parts of the FOI Guidelines, these are available at
OAIC | FOI Guidelines.
Documents affecting national security (section 33(a)(i) of the FOI Act)
Under section 33(a)(i) of the FOI Act, a document is exempt if its disclosure would cause
damage to the security of the Commonwealth. According to the paragraph 5.29 of the FOI
Guidelines, the term 'security of the Commonwealth' broadly refers to the protection of
Australia and its population from activities which are hostile to, or subversive to, the
Commonwealth's interests (section 4(5) of the FOI Act).
Having examined the documents, I have decided that disclosure of some material contained
within the documents would cause damage to the security of the Commonwealth, in
particular because the disclosure of some material could be taken advantage of by those
conducting activities which are hostile to the Commonwealth's interests.
For these reasons, I have decided that the information marked up in the documents is
exempt under section 33(a)(i) of the FOI Act.
Damage to international relations (section 33(a)(iii) of the FOI Act)
Under section 33(a)(iii) of the FOI Act, a document is exempt if its disclosure would, or could
reasonably be expected to, cause damage to the international relations of the
Commonwealth.
The phrase ‘international relations’ has been interpreted to mean the ability of the
Australian Government to maintain good working relations with other governments and
international organisations and to protect the flow of confidential information between
them (FOI Guidelines, paragraph 5.39). This applies to documents, the disclosure of which
could diminish the confidence which another country has in Australia as a reliable recipient
of confidential information, making that country or its agencies less willing to cooperate
with Australian agencies in future (FOI Guidelines, paragraph 5.42).
Furthermore, the expression ‘damage’ could include intangible damage, including inhibiting
future negotiations between the Australian Government and a foreign government, or the
future flow of confidential information from a foreign government (FOI Guidelines,
paragraph 5.25).
I have had regard to the nature of the information, the circumstances in which it was
communicated, and the nature of Australia’s international relationship with the foreign
country (FOI Guidelines, paragraph 5.40). Based on these considerations, I consider that the
disclosure of the relevant material to which you seek access, would be reasonably likely to
cause damage to Australia’s foreign relationships.
For these reasons, I have decided that the information marked up in the documents is
exempt under section 33(a)(iii) of the FOI Act.
Material communicated in confidence (section 33(b) of the FOI Act)
Under section 33(b) of the FOI Act, a document is exempt if disclosure would divulge any
matter communicated in confidence to the Australian Government by or on behalf of a
foreign government, an authority of a foreign government or an international organisation.
Information is communicated in confidence by or on behalf of another government or
international organisation if it was communicated under an express or implied
understanding that the communication would be kept confidential (FOI Guidelines,
paragraph 5.46).
Paragraph 5.44 of the FOI Guidelines also provides that an understanding of confidentiality
need not be formal and may be inferred from the circumstances in which the
communications occurred.
For these reasons, I have decided that the information marked up in the documents is
exempt under section 33(b) of the FOI Act.
Irrelevant and excluded material (section 22(1)(a)(i ) of the FOI Act)
Some of the material excluded from the documents released to you is outside the scope or
could reasonably be regarded as irrelevant to your request (section 22(1)(a)(ii) of the
FOI Act).
In determining what is relevant to your request, I have taken into account the terms of your
request and the email which you received from the department on 1 September 2025, in
which you were invited to respond if you required the personal information of junior staff
from ministerial offices and government officials not in the Senior Executive Service (SES) or
equivalent, including their email addresses and contact numbers, together with al
signatures, mobile phone numbers, departmental inboxes and technical transmission details
including reference numbers. As you have not stated that you require this information, I
have decided to remove it from the documents being released to you.
Declassifying documents
The department will declassify a document before it is released to you. This process involves
redacting the original security classification on a document. If applicable, the redaction will
appear as a black rectangle at the top of the document. For further information regarding
sensitive and classified information please see the Protective Security Policy Framework
www.protectivesecurity.gov.au/system/files/2022-11/protective-security-guidance-for-
executives.pdf.
Review rights
Information about your review rights is set out in the
Attachment for your reference.
Contact
Should you have any queries regarding this matter please contact the Freedom of
Information Section by email (xxx@xxxx.xxx.xx).
Yours sincerely
Dene Yeaman
Assistant Secretary
Department of Foreign Affairs and Trade
REVIEW AND COMPLAINT OPTIONS
Further information on applying for an IC
review is available on Office of the
If you consider the department made the
Australian Information Commissioner’s
wrong decision, please request a review.
(OAIC) website.i
If you are dissatisfied with the way your
Third party review rights
request was processed, please make a
complaint.
Third parties who were consulted by the
department are entitled to seek an
REVIEW
internal review of the department’s
How to seek a review of this decision
decision to grant access to a document.
Internal review by the department
Further information about third party
review rights is available on OAIC’s
You may apply for internal review of the
website.i
decision (section 54 of the FOI Act). The
internal review application must be made
You may also apply for an external review
within 30 calendar days from the day you
by the IC (section 54L of the FOI Act). To
receive this notice. Where possible, please
do this, you must make your application
attach reasons why you believe review of
within 30 calendar days from the day you
the decision is necessary.
receive this notice.
A new decision maker, who was not
COMPLAINT
involved in the initial decision, will review
How to make a complaint about process
your request, and make a new decision
within 30 calendar days.
Complaint to the department
Any request for internal review should be
If you wish to make a complaint about
directed via email to xxx@xxxx.xxx.xx or
how your FOI request was processed by
addressed to:
the department, we welcome you sending
an email with the details of your
Freedom of Information Section
complaint to the department in the first
Department of Foreign Affairs and
instance via xxx@xxxx.xxx.xx.
Trade
R G Casey Building
Complaint to the IC
John McEwen Crescent
Barton ACT 0221
You may also make a complaint to the IC
about the Department’s actions in relation
External review by the Information
to this decision (section 70 of the FOI
Commissioner (IC)
Act).
You may apply to the Australian
Further information about how to make a
Information Commissioner to review this
complaint is available on OAIC’s
decision (section 54L of the FOI Act). To
website.i i
do this, you must contact the IC within 60
calendar days from the day you receive
this notice.
