OFFICIAL
Ref: LEX-81956
Emily
Via emai
l: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Emily
Your Freedom of Information request – Charges
I refer to your request dated and received by the Department of Climate Change, Energy, the
Environment and Water (
department) on 25 December 2025 for access under the
Freedom of
Information Act 1982 (Cth) (
FOI Act) to the following documents:
‘Documents created on or after 1 July 2025 that brief the Secretary and/or the Minister
on the implications of the International Court of Justice Advisory Opinion on climate
change for Australia’s domestic regulatory, policy, or legislative framework.
This includes, but is not limited to, any discussion of:
- Australia’s obligations under international law following the Advisory Opinion;
- due diligence obligations in relation to greenhouse gas emissions, climate risk, or
environmental harm;
- the adequacy of existing Commonwealth climate frameworks, legislation, or regulatory
measures in light of the Advisory Opinion; and
- proposed or recommended policy, regulatory, or legislative responses.
Document types:
This request is limited to final briefing documents provided to the Secretary and/or the
Minister. Where a briefing document was prepared but not ultimately provided, this
request includes the latest version of that document.
Extension of time:
I agree to an 8-day extension of time under s 15AA of the FOI Act to offset the processing
days lost over the government's shut down period from 25 December 2025 to 1 January
2026 inclusive.’
T +61 2 6274 1111
John Gorton Building
GPO Box 3090
dcceew.gov.au
F +61 2 9094 2221
King Edward Terrace
Canberra ACT 2601
ABN 63 573 932 849
Parkes ACT 2600
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Preliminary assessment of the Charge
In accordance with section 29 of the FOI Act, I have decided that you are liable to pay a charge
for the processing of your request. My preliminary assessment of that charge is $145.42
calculated as follows:
Search and retrieval time: 4 hours at $15.00 per hour
$60.00
Decision-making time: $20.00 per hour
Examining pages, redacting and scheduling documents
$125.42
Writing statement of reasons
$60.00
Deduction of 5 hours decision-making time*
-$100.00
TOTAL
$145.42
*The FOI Act provides that the first five hours of decision-making time are free of charge and this is reflected in the
calculation.
I am advised that the department has in its possession 5 documents with 75 pages relevant to
your request.
Required action
If you would like the department to continue processing your request, you must notify the
department in writing within 30 days of receiving this notice that you:
• agree to pay the charge;
• wish to contend that the charge has been wrongly assessed or should be reduced or not
imposed or both; or
• withdraw your request.
If you do not provide a written response in accordance with one of the above options within 30
days of receiving this notification, your request will be taken to have been withdrawn under
section 29(2) of the FOI Act.
Option – pay the charge
As the charge exceeds $100, you are required to pay a deposit of $36.35. You may, of course,
elect to pay the charge in full at this point.
Payment can be made by direct deposit to:
A/C Name:
DCCEEW Departmental Account
Branch:
London Circuit, Canberra
Bank:
Reserve Bank
BSB:
092 009
A/C No.
147762
ABN No: 63 573 932 849
Please include the FOI reference number (LEX-81956) in the description/reference field when
making payment, and send an email with notification of payment
to xxx@xxxxxx.xxx.xx as soon
as it has been made.
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If you are not able to pay by direct deposit, please contact the department for assistance.
Option – seek reduction or non-imposition of the charge
You may contend that the charge has been wrongly assessed, or should be reduced or not
imposed. Section 29(5) of the FOI Act provides that, in deciding whether to reduce or not to
impose a charge, the decision-maker must take into account any relevant reasons, including
whether payment of the charge, or part of it, would cause you financial hardship, and whether
the giving of access to the documents is in the general public interest or in the interest of a
substantial section of the public.
If you wish to contend that the charge has been wrongly assessed or should be reduced or not
imposed, please set out your reasons and the evidence in support of your reasons as clearly as
possible. If you believe that payment of the charge would cause you financial hardship, please
provide sufficient details of your financial circumstances to enable the decision-maker to make a
well-informed decision in this regard.
Option – withdraw your request
If you wish to withdraw your request you may do so in writing.
Time limits for processing your request
Section 31 of the FOI Act provides that where a notice is sent to an applicant regarding the
payment of a charge in respect of a request, the time limit for processing the request is
suspended from the date the notice is received until either:
(a) the day following payment of the charge (in full or the required deposit); or
(b) if applicable, the day following the notification to the applicant of a decision not to
impose the charge.
Address for correspondence
Please send all correspondence regarding your FOI request to the following address:
FOI Coordinator
Department of Climate Change, Energy, the Environment and Water
GPO Box 3090
Canberra ACT 2601
Or by emai
l to xxx@xxxxxx.xxx.xx.
Publication of information in the FOI disclosure log Information released under the FOI Act may be published in a disclosure log on the department's
website. Section 11C of the FOI Act requires this publication, subject to certain exceptions,
including where publication of personal, business, professional or commercial information
would be unreasonable.
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Further assistance
If you have any questions, please emai
l xxx@xxxxxx.xxx.xx.
Yours sincerely
Chao Feng
Branch Head (ag)
Climate Negotiations Branch
International Climate Negotiations Division
23 January 2026
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