FOI Reference: LEX 11992
File Reference: 25/4303
14 February 2025
Tyler
Right to Know
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 23 January 2025 for access under the
Freedom of Information Act 1982 (the
FOI Act) to:
Is it possible to provide 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." Has this instrument 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.
Decision
I am an officer authorised under section 23 of the FOI Act to make decisions in relation to
FOI requests and have been appointed as the decision-maker on your request.
At the present time, Australia and Tuvalu have not yet entered into the instrument
referenced in Article 2 Paragraph 4 of the Falepili Union. As a result, the department does
not hold any documents relevant to your FOI request.
In accordance with section 24A(1) of the FOI Act, your request for access to documents is
refused as al 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
Joseph McNamara
A/Director
Freedom of Information Section
REVIEW AND COMPLAINT OPTIONS
Further information on applying for an IC
review is available on Office of the
If you consider the department made the
Australian Information Commissioner's
wrong decision, please request a review.
(OAIC) website.i
If you are dissatisfied with the way your
Third party review rights
request was processed, please make a
complaint.
Third parties who were consulted by the
department are entitled to seek an
REVIEW
internal review of the department's
How to seek a review of this decision
decision to grant access to a document.
Internal review by the department
Further information about third party
review rights is available on OAIC's
You may apply for internal review of the
website.i
decision (section 54 of the FOI Act). The
internal review application must be made
You may also apply for an external review
within 30 calendar days from the day you
by the IC (section 54L of the FOI Act). To
receive this notice. Where possible, please
do this, you must make your application
attach reasons why you believe review of
within 30 calendar days from the day you
the decision is necessary.
receive this notice.
A new decision maker, who was not
COMPLAINT
involved in the initial decision, will review
How to make a complaint about process
your request, and make a new decision
within 30 calendar days.
Complaint to the department
Any request for internal review should be
If you wish to make a complaint about
directed via email to xxx@xxxx.xxx.xx or
how your FOI request was processed by
addressed to:
the department, we welcome you sending
an email with the details of your
Freedom of Information Section
complaint to the department in the first
Department of Foreign Affairs and
instance via xxx@xxxx.xxx.xx.
Trade
R G Casey Building
Complaint to the IC
John McEwen Crescent
Barton ACT 0221
You may also make a complaint to the IC
about the Department's actions in relation
External review by the Information
to this decision (section 70 of the FOI
Commissioner (IC)
Act).
You may apply to the Australian
Further information about how to make a
Information Commissioner to review this
complaint is available on OAIC's
decision (section 54L of the FOI Act). To
website.i i
do this, you must contact the IC within 60
calendar days from the day you receive
this notice.
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T
+61 2 6261 1111
@DFAT
