OFFICIAL
FOI 251225
2 February 2026
Emily
Right to Know
By email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Emily
Notice of Decision
1.
I refer to your request (
FOI request) received by the Clean Energy Regulator (
the CER) on 25
December 2025 for access under the
Freedom of Information Act 1982 (
FOI Act) to:
Documents created on or after 1 July 2025 that consider, refer to, or assess the implications of
the International Court of Justice Advisory Opinion on climate change for the Regulator’s
statutory functions, compliance activities, or regulatory decision-making.
This includes any documents that:
- discuss international climate law developments relevant to the Regulator;
- assess whether existing regulatory frameworks adequately address climate-related risk or
emissions control in light of the Advisory Opinion; or
- provide internal guidance, analysis, or briefing on the relevance of the Advisory Opinion to the
Regulator’s operations.
Document types:
This request is limited to:
a) final internal briefing documents; and
b) internal guidance or policy documents of general application.
Where a document was prepared but not finalised, this request includes the latest version of that
document.
Decision
2.
I am an authorised person under section 23 of the FOI Act.
3.
I have decided to refuse access on the basis that the documents you have requested do not exist.
4.
The reasons for my decision are set out below, as required by section 26 of the FOI Act.
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FOI 251225
Relevant Background – 5.
In your FOI request of 25 December 2025, you agreed to an 8-day extension of time under section
15AA of the FOI Act for the processing of your request. This extended the statutory timeframe
until 1 February 2026, with the due date falling on the next business day, being 2 February 2026.
Reasons for decision
6.
This decision is made in accordance with the FOI Act and the guidelines issued by the Australian
Information Commissioner under section 93A of the FOI Act (
FOI Guidelines).
I have taken the
following material into account in making my decision:
• your original FOI request.
• the document searches conducted.
• advice from CER officers as to the outcomes of the document searches.
Section 24A – Document does not exist
7.
The CER has undertaken extensive searches of all relevant electronic and hard copy databases and
filing systems for the documents you have requested, however has been unable to locate any
existing documents that contain the information you are seeking.
8.
Based on these searches, I am satisfied that all reasonable steps have been taken to locate any
documents relevant to your request, but no such documents exist.
9.
Therefore, I have decided to refuse your request under section 24A(1)(b)(ii) of the FOI Act as the
documents you have requested do not exist.
Review rights
10. If you are dissatisfied with my decision, you may apply for internal review, or to the Information
Commissioner for review of the decision.
Internal Review
11. Under Part 6 of the FOI Act, you may apply in writing to the CER for an internal review of my
decision. The internal review application must be made
within 30 days of the date of this letter.
You do not have to complete a special form in order to request an internal review. There is no
cost attached to an application for internal review.
12. Where possible please attach reasons why you believe review of the decision is necessary. The
internal review will be carried out by another officer within 30 days.
13. An application for internal review should be directed to one of the following addresses:
By email
By post
xxx@xxx.xxx.xx
FOI Coordinator
Legal Services and Governance Branch
Clean Energy Regulator
GPO Box 621 CANBERRA ACT 2601
Information Commissioner Review
14. Under Part 7 of the FOI Act, you may apply to the Office of the Australian Information
Commissioner (OAIC) to review my decision. An application for review by the Information
Commissioner must be made in writing
within 60 days of the date of this letter, and be lodged in
one of the following ways:
Online
By post
https://www.oaic.gov.au/
GPO Box 5218 Sydney NSW 2001
W: www.cleanenergyregulator.gov.au |
T: 1300 553 542 |
E: xxxxxxxxx@xxxxxxxxxxxxxxxxxxxx.xxx.xx
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FOI 251225
15. More information about Information Commissioner review is available on the OAIC website. Go to
www.oaic.gov.au and search for ‘
Apply for an Information Commissioner Review’ or navigate
through the Freedom of Information tab.
16. If you are not satisfied with the CER’s handling of your FOI request, you may also make a
complaint to the OAIC. This must be made in writing and can be lodged at
www.oaic.gov.au by
searching for ‘
Freedom of information complaints’ or navigating through the Freedom of
Information tab.
Questions about this decision
17. If you wish to discuss this decision, please contact the FOI team at
xxx@xxx.xxx.xx. Yours sincerely
Rizwan Akhund
FOI authorised officer
Clean Energy Regulator
Phone: 1300 553 542
Email: xxx@xxx.xxx.xx
Website: cleanenergyregulator.gov.au
Postal address: GPO Box 621 Canberra ACT 2601
W: www.cleanenergyregulator.gov.au |
T: 1300 553 542 |
E: xxxxxxxxx@xxxxxxxxxxxxxxxxxxxx.xxx.xx
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Document Outline
