ICJ Advisory Opinion
Dear FOI Officer,
I seek access under the Freedom of Information Act 1982 (Cth) to the following documents held by the Department of Climate Change, Energy, the Environment and Water.
Scope of request:
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.
Exclusions:
This request does not seek any personal information or duplicate copies of documents.
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.
OFFICIAL
Dear Emily
Acknowledgement of Freedom of Information Request No: LEX 81956
We refer to your request received by the Department of Climate Change,
Energy, the Environment and Water on 25 December 2025 for access to
documents under the Freedom of Information Act 1982 (FOI Act) made in the
following terms:
'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.
Exclusions:
This request does not seek any personal information or duplicate copies of
documents.'
Your address
The FOI Act requires that you provide us with an address which we can send
notices to. You have advised your electronic address is
[1][FOI #14145 email]. We will send all
notices and correspondence to this address.
Please advise us as soon as possible if you wish correspondence to be sent
to another address or if your address changes. If you do not advise us of
changes to your address, correspondence and notices will continue to be
sent to the address specified above.
Disclosure log
Please note that information released under FOI Act may be published in a
disclosure log on the department's website. Section 11C of the FOI Act
requires this publication, however it is subject to certain exceptions,
including where publication of personal, business, professional or
commercial information would be unreasonable.
Further assistance
If you have any questions, please email [2][email address].
Kind regards
FOI Contact Officer
Department of Climate Change, Energy, the Environment and Water
Ngunnawal and Ngambri Country, John Gorton Building, King Edward Terrace
(GPO Box 3090) Parkes ACT 2600 Australia
E [3][email address]
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OFFICIAL
════════════════════════════════════════════════════════════════════════
From: Emily <[FOI #14145 email]>
Sent: Thursday, 25 December 2025 00:47
To: FOI Contact Officer <[DCCEWW request email]>
Subject: Freedom of Information request - ICJ Advisory Opinion
Dear FOI Officer,
I seek access under the Freedom of Information Act 1982 (Cth) to the
following documents held by the Department of Climate Change, Energy, the
Environment and Water.
Scope of request:
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.
Exclusions:
This request does not seek any personal information or duplicate copies of
documents.
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.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #14145 email]
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OFFICIAL
Dear Emily
Please see attached correspondence from the Department of Climate Change,
Energy, the Environment and Water, in relation to your Freedom of
Information request, LEX 81956.
Kind regards
FOI Contact Officer
Department of Climate Change, Energy, the Environment and Water
Ngunnawal and Ngambri Country, John Gorton Building, King Edward Terrace
(GPO Box 3090) Parkes ACT 2600 Australia
E [1][email address]
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professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
prohibited from using or disseminating this communication. If you have
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and permanently delete this email.
OFFICIAL
OFFICIAL
OFFICIAL
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Dear FOI Contact Officer,
I write in response to the charges notice dated 23 January 2026 in relation to FOI request LEX-81956.
Please accept this correspondence as my submission to contend the charges. I contend that the charge has been wrongly assessed and should be fully waived on public interest grounds.
1. Public interest and interest of a substantial section of the public:
The documents sought are final briefing materials 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. Access to these documents is in the public interest for the following specific reasons.
Firstly, the documents are expected to reveal how the Australian Government has internally interpreted and responded to an authoritative statement of international law issued by the principal judicial organ of the United Nations. Disclosure would enable public scrutiny of whether, and how, international legal obligations articulated by the ICJ are being translated into domestic policy advice and executive decision-making.
Secondly, the documents concern advice provided to the most senior levels of the executive government on matters that directly affect the formulation of climate policy, regulatory approaches, and potential legislative reform. Public access to this material would promote transparency around the basis on which ministers and senior officials are being advised, particularly in an area of policy that has significant long-term consequences for the Australian community.
Thirdly, the subject matter of the documents engages questions of governmental due diligence in relation to climate change, environmental harm, and risk management. Disclosure would assist the public, civil society organisations, academics, and legal practitioners to assess whether existing Commonwealth frameworks are being critically evaluated against evolving international legal standards, and whether gaps or deficiencies have been identified internally.
Fourthly, access to the documents would facilitate informed public debate and accountability in circumstances where climate governance and Australia’s compliance with international obligations are matters of ongoing public controversy and parliamentary interest. The material is capable of informing public submissions, academic analysis, media reporting, and parliamentary scrutiny, rather than serving any private or commercial interest.
Finally, the request is narrowly framed and limited to final briefing documents, reflecting an intention to minimise the administrative burden on the department while obtaining information of genuine public value. The public interest in disclosure is therefore strong, while the countervailing interest in cost recovery is comparatively weak.
2. Objects of the FOI Act and proportionality of the charge:
Section 3 of the FOI Act emphasises that access to government-held information should be provided promptly and at the lowest reasonable cost. In this case, the department has identified only five documents comprising approximately 75 pages. In those circumstances, the preliminary charge of $145.42 is disproportionate and risks operating as a barrier to access, contrary to the objects of the Act.
The OAIC has consistently emphasised that charges should not be imposed in a manner that discourages access to information where there is a clear public interest in disclosure, particularly for high-level policy and briefing material. Recent OAIC decisions on charges support a full waiver - See, eg, Paul Farrell and Services Australia (Freedom of information) [2024] AICmr 37 (15 February 2024), and 'ALN' and Department of Home Affairs (Freedom of information) [2024] AICmr 136 (1 July 2024).
In conclusion, for reasons stated above, I respectfully submit that the charge should be fully waived under s 29(5) of the FOI Act.
If the charge is not waived, I intend to raise the matter with the Office of the Australian Information Commissioner on the basis that the imposition of the charge is inconsistent with the public interest and the objects of the FOI Act.
I look forward to your prompt decision to waive all charges in this matter.
Yours sincerely,
Emily
Our reference: CP26/00371
By email: [FOI #14145 email]
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Yours sincerely
Intake and Eligibility Branch
Office of the Australian Information Commissioner
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OFFICIAL
Dear Emily
Acknowledgement of your Freedom of Information Request – Charges
Thank you for your email.
The Department of Climate Change, Energy, the Environment and Water
(department) acknowledges receipt of your charges contention below.
The department will consider your contention to waive the preliminary
charges.
Section 29(6) of the Freedom of Information Act 1982 provides that the
department must notify you no later than 30 days after the day on which
you notified us of your request to reconsider the preliminary charges that
were issued to you, which was 23 January 2026. This means you can expect a
decision on whether a charge is issued or not on or before 23 February
2026.
During this period, the processing of your FOI request will be paused,
unless you elect to pay a deposit on the preliminary charges decision.
Kind regards
FOI Contact Officer
Department of Climate Change, Energy, the Environment and Water
Ngunnawal and Ngambri Country, John Gorton Building, King Edward Terrace
(GPO Box 3090) Parkes ACT 2600 Australia
E [1][email address]
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This email and any attachments may contain information subject to legal
professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
prohibited from using or disseminating this communication. If you have
received this communication in error please notify the sender immediately
and permanently delete this email.
OFFICIAL
OFFICIAL
Dear Emily
Please see attached correspondence from the Department of Climate Change,
Energy, the Environment and Water, in relation to your Freedom of
Information request, LEX 81956.
Kind regards
FOI Contact Officer
Department of Climate Change, Energy, the Environment and Water
Ngunnawal and Ngambri Country, John Gorton Building, King Edward Terrace
(GPO Box 3090) Parkes ACT 2600 Australia
E [1][email address]
[2]A white letter f in a black circle Description automatically
generated [3]A logo of a camera Description automatically
generated [4]A white x in a circle Description automatically
generated [5]A black circle with white letters in it Description
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DCCEEW.gov.au ABN 63 573 932 849
[6]A close-up of a white background Description automatically generated
This email and any attachments may contain information subject to legal
professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
prohibited from using or disseminating this communication. If you have
received this communication in error please notify the sender immediately
and permanently delete this email.
OFFICIAL
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Commonwealth of Australia (Commonwealth). The material transmitted is for
the use of the intended recipient only and may contain confidential,
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is your responsibility to check any attachments for viruses and defects
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please contact the sender of this email at once by return email and then
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