FOI Reference: LEX 12773
File Reference: 25/25738
August 2025
JUSTICE4ALL (Right to Know)
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear JUSTICE4ALL (Right to Know)
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 22 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 all document[s] from 01 January 2024 onwards.
I note this request is identical to your request of 5 August 2025 (DFAT reference LEX12704).
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 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.
I note that in response to the section 24AB consultation notice issued by the department on 22
August 2025 in response to your identical request (LEX12704), you submitted a new request for:
Any documents requested, [received], drafted or obtained by DFAT on actions by Israel
directly constitutes a genocide, war crimes, crimes against humanity in Gaza. Documents
are limited to all document[s] from 01 January 2024 onwards.
Therefore, as you have already submitted a request removing the reference to …
indirectly
constitutes a genocide … you may wish to consider withdrawing this request or revising to:
• a shorter period of time, or
• specify a particular kind of document only, such as Senate Estimates briefs or talking
points.
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
