ADF Breaking international law
The request was refused by Prime Minister.
Dear Prime Minister,
What was the legal basis for Australia’s detention policy in Iraq and Afghanistan?
Did Australia express concern to the US regarding its illegal detention practices?
What formal arrangements were put in place to ensure a US soldier was always present with ADF troops to take legal responsibility for their capture?
What policies and procedures are now in place to ensure that Australia complies with international law in relation to the detention and treatment of captives?
Dear Mr Bruce,
I refer to your email to the Prime Minister, dated Friday 17 April 2015.
The Department of the Prime Minister and Cabinet (the Department) provides
administrative support to the Prime Minister in relation to Freedom of
Information (FOI) requests made to him.
Your request as currently framed is not a valid FOI request for the
purposes of the Freedom of Information Act (FOI Act). We have noted you
are seeking details broadly for information about Australia’s detention
policy in Iraq and Afghanistan. In particular, you have posed 4 specific
Subsection 15(1) of the FOI Act entitles a person to receive access to
official documents of a Minister – notwithstanding its name, the FOI Act
deals with access to documents created or held by the Minister, not merely
information. In addition, under subsection 15(2) of the Act, a valid
request must provide such information about a document as to enable the
responsible office of the Minister to identify it.
We therefore ask that you reframe the request to meet the requirements of
the FOI Act as outlined above.
Once we have received a valid request, we will begin processing your
Department of the Prime Minister and Cabinet
p. +61 2 6271 5849
e. [Prime Minister request email]