FOI Reference: LEX 12792
File Reference: 25/26151
November 2025
Justice 4 All
via Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant,
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 an edited copy the documents with irrelevant and exempt
material removed.
Your request On 28 August 2025, you made the following request:
I would like to request under the FOI Act. All documents (including but not limited to
meeting minutes, talking points, ministerial briefs) related to meetings (physical, phone
and virtual) the Australian Government (including but not limited to members of
parliment, cabinet and public servants) had with the Government Israel and/or
representative or the Government of Israel the decision that the Australian Goverment
made to recognise Palestine as a state.
The time frame for this request is documents that related to meeting that occured in the
past 6 months.
On 29 September 2025, the department sought a 21-day extension of time to process your
request with the Office of the Australian Information Commission pursuant to section 15AB
of the FOI Act.
On 1 October 2025, the Office of the Australian Information Commissioner granted the
department’s extension.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
On 4 November 2025, the Office of the Australian Information Commissioner granted the
department an extension of time to process your request pursuant to section 15AC of the
FOI Act.
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.
Damage to international relations (section 33(a)(iii) of the FOI Act)
Under section 33(a)(iii) of the FOI Act, a document is exempt if its disclosure would, or could
reasonably be expected to, cause damage to the international relations of the
Commonwealth.
The phrase international relations has been interpreted to mean the ability of the Australian
Government to maintain good working relations with other governments and international
organisations and to protect the flow of confidential information between them (FOI
Guidelines, paragraph 5.39). This applies to documents, the disclosure of which could
diminish the confidence which another country has in Australia as a reliable recipient of
confidential information, making that country or its agencies less willing to cooperate with
Australian agencies in future (FOI Guidelines, paragraph 5.42).
Furthermore, the expression damage could include intangible damage, including inhibiting
future negotiations between the Australian Government and a foreign government, or the
future flow of confidential information from a foreign government (FOI Guidelines,
paragraph 5.25).
I have had regard to the nature of the information, the circumstances in which it was
communicated, and the nature of Australia’s international relationship with the foreign
country (FOI Guidelines, paragraph 5.40). Based on these considerations, I consider that the
disclosure of the relevant material to which you seek access, would be reasonably likely to
cause damage to Australia’s foreign relationships.
For these reasons, I have decided that the information marked up in the documents is
exempt under section 33(a)(iii) of the FOI Act.
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). An understanding of confidentiality need not be formal and may be
inferred from the circumstances in which the communications occurred (FOI Guidelines,
paragraph 5.44).
I have had regard to the circumstances in which the information was communicated, and I
consider that the disclosure of the relevant material to which you seek access, would be
divulge matter communicated in confidence to the Australian Government on behalf of a
foreign government.
For these reasons, I have decided that the information marked up in the documents is
exempt under section 33(b) of the FOI Act.
Irrelevant and excluded material (section 22(1)(a)(ii) of the FOI Act) Some of the material excluded from the documents released to you is outside the scope or
could reasonably be regarded as irrelevant to your request (section 22(1)(a)(ii) of the
FOI Act).
In determining what is relevant to your request, I have taken into account the terms of your
request and the email which you received from the department on 29 August 2025, in which
you were invited to respond if you required the personal information of junior staff from
ministerial offices and government officials not in the Senior Executive Service (SES) or
equivalent, including their email addresses and contact numbers, together with all
signatures, mobile phone numbers, departmental inboxes and technical transmission details
including reference numbers. As you have not stated that you require this information, I
have decided to remove it from the documents being released to you.
Declassifying documents
The department will declassify a document before it is released to you. This process involves
redacting the original security classification on a document. If applicable, the redaction will
appear as a black rectangle at the top of the document. For further information regarding
sensitive and classified information please see the Protective Security Policy Framework
www.protectivesecurity.gov.au/system/files/2022-11/protective-security-guidance-for-
executives.pdf.
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
Paula Brewer
Assistant Secretary
Department of Foreign Affairs and Trade
REVIEW AND COMPLAINT OPTIONS
Third party review rights
If you consider the department made the
Third parties who were consulted by the
wrong decision, please request a review.
department have a right to apply for a
review of the department’s decision to
If you are dissatisfied with the way your
grant the applicant access to their
request was processed, please make a
information.
complaint.
You have a right to apply for an internal
REVIEW
review by the department (section 53B of
How to seek a review of this decision
the FOI Act) within 30 calendar days from
the day you receive this notice.
Internal review by the department
You have a right to apply for an external
You have a right to apply for an internal
review by the IC (section 54L of the
review of the decision (section 54 of the
FOI Act) within 30 calendar days from the
FOI Act) within 30 calendar days from the
day you receive this notice.
day you receive this notice. Where
possible, please attach reasons why you
What if your right to review expires?
believe review of the decision is
necessary.
You can apply to the department for an
extension of time to make an internal
A new decision maker, who was not
review (section 54B of the FOI Act).
involved in the initial decision, will review
your request, and make a new decision
You can apply to the OAIC for an
within 30 calendar days.
extension of time to make an external
review (section 54T of the FOI Act).
Any request for internal review should be
directed via email to xxx@xxxx.xxx.xx or
COMPLAINT
addressed to:
How to make a complaint about process
Freedom of Information Section
Complaint to the department
Department of Foreign Affairs and
Trade
If you wish to make a complaint about
R G Casey Building
how your FOI request was processed by
John McEwen Crescent
the department, we welcome you sending
Barton ACT 0221
an email with the details of your
complaint to the department in the first
External review by the Information
instance via xxx@xxxx.xxx.xx.
Commissioner (IC)
Complaint to the IC
You have a right to apply to the Australian
Information Commissioner (IC) to review
You may also make a complaint to the IC
the decision (section 54L of the FOI Act)
about the department’s actions in relation
within 60 calendar days from the day you
to this decision (section 70 of the FOI Act).
receive this notice.
Further information about how to make a
complaint is available – www.oaic.gov.au.
