FOI Reference: LEX 11676
File Reference: 24/40915
December 2024
Tyler
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Tyler
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 the documents, with exempt material removed.
Your request
On 18 October 2024, you sought access to:
- documents that were submitted to the Governor-General for approval of appointment
of Hon. Dr Brendan Nelson to the posts of Ambassador to the European Communities,
Belgium and Luxembourg, Representative to the North Atlantic Treaty Organisation and
Special Representative to the World Health Organization;
- letters of credence, or similar written correspondences, from and to Australia (with the
above countries and organisations), conveying and accepting (or otherwise confirming)
the above appointment.
On 14 November 2024, the department requested a 21-calendar day extension of time to
process your request (section 15AA of the FOI Act).
On 14 November 2024, 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;
• the documents within the scope of your request;
• 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
www.oaic.gov.au/freedom-of-information/freedom-of-information-guidance-for-government-
agencies/foi-guidelines.
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.
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
Catherine Reid
Assistant Secretary
Department of Foreign Affairs and Trade
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.
Third party review rights
Further information about third party review rights are available on the Office of the Australian
Information Commissioner’s (OAIC) website at www.oaic.gov.au/freedom-of-
information/freedom-of-information-guidance-for-government-agencies/freedom-of-
information-reviews/personal-and-business-information-third-party-review-rights.
