FOI Reference: LEX 12704
File Reference: 25/24867
August 2025
JUSTICE4ALL (Right to Know)
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear JUSTICE4ALL
RE: Freedom of Information Request -
Notice of intention to refuse request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) on 5 August 2025 for access under the
Freedom of Information Act 1982 (the
FOI Act) to:
Any documents requested, [received], drafted or obtained by DFAT on actions by
Israel directly or in-directly constitutes a genocide, war crimes, crimes against
humanity in Gaza. Documents are limited to al document[s] from 01 January 2024
onwards.
Notice of intended practical refusal
In accordance with section 24AB(2) of the FOI Act, I am providing you notice of my intention
to refuse access to the documents captured by your request.
The reason for the proposed practical refusal is that your request does not satisfy the
requirement in section 15(2)(b) of the FOI Act to provide such information concerning the
documents you seek as is reasonably necessary to enable a responsible officer of the
department to identify them (section 24AA(1)(b) of the FOI Act).
This is because while the department can identify documents relating to …
actions that
directly constitute a genocide, war crimes, crimes against humanity, the department cannot
identify documents which relate …
to actions by Israel that indirectly constitute a genocide,
war crimes, crimes against humanity.
Having reviewed your request and consulted with officers in the department’s Middle East
Branch and International Law Branch, I am of the view that you have not provided sufficient
information to al ow the department to identify the documents you seek.
Sections of the FOI Act referred to in this notice are accessible at www.legislation.gov.au.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
Consultation to revise the scope of the request
Pursuant to section 24AB(2)(e) of the FOI Act, you have 14 days from the day you are given
this notice to:
a. withdraw your request,
b. revise the scope of your request in such a way that enables officers of the
department to identify areas of the department that can be tasked to undertake
search for relevant documents, or
c. inform the department that you do not wish to revise your request.
I invite you to contact me (via xxx@xxxx.xxx.xx) should you wish to revise the request in
order that it may be processed. I am happy to take any reasonable steps to provide you, as
far as is reasonably practicable, with any information to assist you in doing so.
In your consideration of a revised scope, you may wish to consider excluding the reference
to actions by Israel which indirectly constitute a genocide, war crimes and crimes against
humanity.
Please note that under section 24AB(7) of the FOI Act, if you do not
consult the contact
person during the consultation period, make a revised request or indicate that you do / do
not wish to revise the scope of your request, your request wil be considered to have been
withdrawn.
Please also be aware that during this period of consultation, the statutory timeframe under
section 15(5) of the FOI Act for the processing of your request is on hold (see section
24AB(8) of the FOI Act for details).
Contact
Should you have any queries regarding this decision please contact the Freedom of
Information Section by email: xxx@xxxx.xxx.xx.
Yours sincerely
Brooke
Director
Freedom of Information Section