FOI Reference: LEX 13272
File Reference: 26/4103
February 2026
Tyler
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Tyler
RE: Freedom of Information Request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) on 20 January 2026 for access under the
Freedom of Information Act 1982 (the
FOI Act) to:
the following information/documents about Article 4 paragraph 2, of the Australia-
Tuvalu Falepili Union Treaty 2023? https://www.dfat.gov.au/geo/tuvalu/australia-tuvalu-
falepili-union-treaty
- Article 4 paragraph 2 of this Treaty says "The Parties shall enter into an instrument to
set out the conditions and timeframes applicable to Australian personnel operating in
Tuvalu’s territory." Up to 20 January 2026, has any instrument mentioned in this Article 4
paragraph 2 been entered into?
- Is it possible to provide a copy of this instrument (as entered into)?
I am writing to provide you with a decision about your request.
Authority
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to
FOI requests.
Decision
Thorough searches conducted by the Tuvalu Section found no documents matching the
description of the document you requested.
In accordance with section 24A(1) of the FOI Act, your request for access to documents is
refused as all reasonable steps have been taken to find the document and I am satisfied
that the document does not exist.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
Sections of the FOI Act referenced in my decision letter can be found online at
www.legislation.gov.au.
Review rights
Information about your review rights is set out in the
Attachment for your reference.
Contact
Should you have any queries regarding this decision please contact the Freedom of
Information Section by email: xxx@xxxx.xxx.xx.
Yours sincerely
Jonathan Messieh
A/g Director
Freedom of Information Section
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.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT