Webform WEB-CP-26-06272
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Submission.
Submission
FOI Complaint Form
Submitting your FOI Complaint to the Information
Commissioner
Please review the information contained in this complaint form. If you would like to change anything, you
can return to the relevant section by using the navigation buttons at the top of the screen.
When you are ready to submit this form, use the
Submit button below.
Once you submit your form, you will be taken to a confirmation page. This page will provide a reference
code for your submission, and you will have a copy sent to the email address provided.
Further information about the
FOI Complaints process can be found on our website.
Your details - the complainant
FOI Complaint Form
Previous dealings
If you have lodged a complaint or enquiry with the OAIC before, please provide your previous reference
number
(for example, CP18/00000 or EN18/00000).
Title
Given name
*
Emily
Family name
*
Jones
Name of organisation
Preferred contact method
(you must provide at least one contact method) *
Email
Webform WEB-CP-26-06272
Email address
*
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Phone
Mobile
Street Address 1
Street Address 2
City/Suburb
State
Postcode
Other contact details
(eg. fax or international address)
Do you require any assistance to participate in the FOI complaint process?
For example: an interpreter. Please detail below.
Your representatives details
Do you have someone you would like to represent you in your complaint
*
No
Complaint details
FOI Complaint Form
Agency information
Please select the Australian Government agency which is the subject of your FOI complaint
*
Other
Other Australian Government Agency
*
Department of Climate Change, Energy, the Environment and Water
Previous contact with agency
Please provide any FOI reference number(s) if available
Do not provide tax file numbers or other confidential account-type numbers
Webform WEB-CP-26-06272
LEX-81956
Please provide a summary of the current status of the FOI Request that has led to this complaint
*
On 25 December 2025, I lodged an FOI request with DCCEEW seeking access to final briefing
documents provided to the Secretary and/or the Minister concerning the implications of the International
Court of Justice Advisory Opinion on climate change for Australia’s domestic regulatory, policy, or
legislative framework. On 23 January 2026, DCCEEW issued a notice under s 29 of the FOI Act imposing
a preliminary processing charge of $145.42 in respect of the request. The department advised that it had
identified only 5 documents comprising approximately 75 pages as falling within the scope of the request. I
have submitted a request to the department seeking a full waiver of the charge under s 29(5) of the FOI
Act on public interest grounds.
Complaint Details
Have you complained directly to the relevant agency?
*
Yes
Did you receive a response from the agency?
*
No
You should wait for the agency to respond to your complaint before making a complaint to us.
You may wish to make an FOI complaint to us if you are unsatisfied with the agency's response to your
complaint or you consider that the agency has had adequate time to deal with your complaint but you
have not received a response.
Please contact us at xxxxx@xxxx.xxx.xx or on 1300 363 992 if you would like to discuss further.
However, if you would like to make a complaint at this time, please continue to complete the form.
Please provide a summary of your complaint
*
Grounds of complaint - I contend that the imposition of the charge is inconsistent with the FOI Act and
constitutes an unreasonable barrier to access, for the following reasons. 1. Clear and substantial public
interest: The documents sought concern high-level briefing provided to senior executive government
decision-makers on the implications of an International Court of Justice Advisory Opinion on climate
change. The subject matter directly engages Australia’s international legal obligations, climate
governance, and the adequacy of existing Commonwealth legislative and policy frameworks. Access to
such material is plainly in the public interest and in the interest of a substantial section of the public. The
request is not motivated by private or commercial interests, but by the public interest in transparency,
accountability, and informed public debate regarding executive government decision-making on climate
change. 2. Inconsistency with the objects of the FOI Act Section 3 of the FOI Act provides that the Act is
intended to promote Australia’s democracy by increasing public participation in government processes
and enhancing scrutiny of government activities, and that access to information should be provided
promptly and at the lowest reasonable cost. In circumstances where the department has identified only
five documents totalling approximately 75 pages, the imposition of a charge of $145.42 is disproportionate
and risks frustrating the objects of the Act. The charge operates as a practical deterrent to access rather
than a reasonable cost recovery mechanism. 3. Charges operating as a barrier to access The OAIC has
consistently emphasised that charges should not be imposed in a way that discourages or impedes
access to government information, particularly where there is a clear public interest in disclosure and the
request concerns high-level policy or briefing material. In my submission, this is a case where the public
interest strongly favours a full waiver of charges under s 29(5), and the decision to impose a charge is
inconsistent with the principles articulated in the OAIC’s FOI Guidelines.
The Information Commissioner can make recommendations to the agency that the Commissioner
believes the agency ought to implement as a result of a complaint. Information about the
possible
outcomes following an investigation of an FOI complaint can be found on our website.
Webform WEB-CP-26-06272
The FOI complaint process cannot provide access to the documents you have requested. The
Information
Commissioner review process will ordinarily be more appropriate where the outcome you are seeking is
access to the documents you requested.
What action or result would you like from the Information Commissioner?
*
4. Outcome sought I request that the Information Commissioner investigate this matter and consider
whether the imposition of the charge is consistent with the FOI Act, including its objects and the proper
application of s 29(5). In particular, I seek the OAIC’s assistance in ensuring that the charge is waived in
full so that the request may be processed promptly without delay and without financial barriers to access.
Please let me know if any further information is required.
