FOI Reference: LEX 9739
File Reference: 23/31598
December 2023
MBV
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear MBV
RE: Freedom of Information Request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) on 12 December 2023, for access under the
Freedom of Information Act 1982 (the
FOI Act) to:
Al emails, briefs, correspondence, submissions, decision records, record of calls, Skype
messages, text, Signal or WhatsApp messages relating to the cancel ation of the
Australia Day Gala at Australia House in London.
I seek all documents created on or after 01 October 2023.
Further, I seek any text, Signal, Telegram or WhatsApp messages received by the High
Commissioner from the Foreign Minister or her office on or after 05 December 2023.
On 14 December 2023, the department emailed you seeking to clarify the scope of your
request.
The department did not receive a response to our correspondence.
I am writing to provide you with a decision about your request.
Decision
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to FOI
requests and have been appointed to be the decision-maker on your request.
You are seeking documents in relation to the
cancellation of the Australian Foundation Gala,
which was last held at the Australian High Commission in the United Kingdom (
London Post) on
Saturday 21 January 2023.
London Post has advised that the Gala will not be held on the same weekend in 2024 as it has
been
postponed. As such, the Gala has not been cancel ed.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
Given that your request is for documents regarding the cancel ation of the Gala, I am satisfied
that no documents exist. I therefore refuse your request in accordance with section 24A(1) of
the FOI Act.
Sections of the FOI Act referenced in my decision can be found online at
www.legislation.gov.au.
Future requests
As you did not respond to the department’s email about the scope of the request, we were
unable to reach agreement with you regarding whether you would have been interested in
amending it.
This decision does not prevent you from making a new FOI request in the future.
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
Brooke King
A/g Director
Freedom of Information Section
Attachment
Your review rights
Internal review
You may apply for internal review of the decision (section 54 of the FOI Act). The internal
review application must be made within 30 calendar days from the day you receive this notice.
Where possible, please attach reasons why you believe review of the decision is necessary.
The internal review wil be carried out by another officer within 30 days.
Any request for internal review should be directed via email to xxx@xxxx.xxx.xx or addressed
to:
Freedom of Information Section
Department of Foreign Affairs and Trade
R G Casey Building
John McEwen Crescent
Barton ACT 0221
Australia
Australian Information Commissioner
You may apply to the Australian Information Commissioner to review my decision (section 54L
of the FOI Act). To do this, you must contact the Australian Information Commissioner within 60
calendar days from the day you receive this notice.
You may also make a complaint to the Australian Information Commissioner about the
Department’s actions in relation to this decision (section 70 of the FOI Act). Making such a
complaint about the way the Department has handled your FOI request is a separate process to
seeking review of my decision.
Further information on applying for an Australian Information Commissioner review is available
at: www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews.
Further information about how to make a complaint is available at: www.oaic.gov.au/freedom-
of-information/your-freedom-of-information-rights/freedom-of-information-complaints.
