FOI Reference: LEX 12772
File Reference: 25/25684
September 2025
Justice4All
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant
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 including
communications about Australian nationals joining IDF operations in Gaza and
possible liability under international law.
Documents are limited to all document from January 2024 onwards.’
I am writing to inform you that the department has identified a large volume of material
that would require assessment to determine whether it is suitable for release, the
processing of which we assess (for the reasons set out below)
would substantially and
unreasonably divert resources of the agency from its other operations.
However, you are welcome to revise the scope of your request in line with section
24AB(2)(e) of the FOI Act, so that it might be processed.
Sections of the FOI Act referred to in this notice are accessible at www.legislation.gov.au.
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 to grant access to a documents in accordance with your request.
The reason for the proposed practical refusal is that the work involved in processing the
request as it currently stands
would substantial y and unreasonably divert the department's
resources from its other operations.
In making this assessment, I have had regard to the time and resources required to process
the request, pursuant to section 24AA(2) of the FOI Act, including the resources involved in
searching for documents, col ating documents, examining the documents, consulting with
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
third parties, redacting material from the documents and preparing a final decision. I have
been assisted in this task to date by staff in the Middle East Branch and International Law
Branch.
Preliminary searches have captured 142 documents and over 850 pages of records. The
documents would then need to be manual y assessed to determine which documents are
within scope of the request and whether they are suitable for release. Given the volume of
pages currently captured in your request and, using the Australian Government Solicitor
Charges Calculator, I estimate the time required to process your request to be at least 76
hours. This incorporates time undertaken to complete searches to date, examine relevant
pages for decision making at 3 minutes per page, redact pages that are partially or whol y
exempt at 2 minutes per page and that the decision makers assessment of the material
inclusive of al pages.
For these reasons, I am of the view that processing your request in its current form
would
substantially and unreasonably divert the resources of the agency from its other operations
and therefore a practical refusal reason exists within the meaning of section 24AA(1) of the
FOI Act.
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, 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.
In your consideration of a revised scope, you may wish to consider:
• Excluding al documents relating to media inquiries, and
• Excluding al documents relating to freedom of information requests, or
• Excluding al documents relating to talking points, and / or
• Excluding al documents relating to senate estimates briefs.
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
