Australia-Tuvalu Falepili Union: Governor-General's approval documents
Dear Department of Prime Minister and Cabinet,
Is it possible to provide copy of document recording the Governor-General's approval of the Australia-Tuvalu Falepili Union Treaty 2023 (https://www.dfat.gov.au/geo/tuvalu/austr... and copy of accompanying documents submitted to the Governor-General in seeking the Governor-General's approval of the Treaty?
Thank yous
Yours faithfully,
Tyler
OFFICIAL
FOI/2025/012
Dear Tyler
Thank you for your email to the Department of the Prime Minister and
Cabinet (PM&C) dated 23 January 2025, in which you made a request under
the Freedom of Information Act 1982 (FOI Act) in the following terms:
Is it possible to provide copy of document recording the
Governor-General's approval of the Australia-Tuvalu Falepili Union Treaty
2023
(https://www.dfat.gov.au/geo/tuvalu/austr...
and copy of accompanying documents submitted to the Governor-General in
seeking the Governor-General's approval of the Treaty?
Notification of transfer of FOI request
The FOI Act provides a mechanism to transfer a request to another agency
where the subject-matter of the request is more closely connected with the
functions of that agency than with those of the agency to which the
request is made (section 16(1)(b) of the FOI Act). This ensures that a
decision on the request is made by the most appropriate agency.
As the subject-matter of the documents you have requested is more closely
connected with the functions of the Office of the Official Secretary to
the Governor-General (OOSGG) than with the functions of PM&C, your request
has been transferred in full to the OOSGG under section 16(1)(b) of the
FOI Act.
The OOSGG will be in touch regarding the processing of your request.
Should you wish to contact them, please do so by emailing
[1][email address]
Kind regards
Coordinator
FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [2][email address] w. [3]pmc.gov.au
[4]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.
Dear Department of the Prime Minister and Cabinet,
Please pass this on to the person who conducts Freedom of Information reviews in DPMC.
I am writing to request an internal review of Department of the Prime Minister and Cabinet's handling of my FOI request 'Australia-Tuvalu Falepili Union: Governor-General's approval documents'. A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
My reason for requesting the review is because:
1) The OOSGG, to which DPMC seeks to transfer my FOI request, would not be covered by FOI requirements for matters other than those of an administrative nature, as in section 6A of the FOI Act. It would therefore seem that DPMC has effectively refused the request?
2) However, DPMC has very graciously provided similar documents in past FOI requests regarding documents on treaties entered into by Australia that were submitted to the Governor-General for approval, with redactions and omissions if necessary. Examples include FOI/2024/313 https://www.righttoknow.org.au/request/a...
I would request DPMC to review its decision to transfer my request to OOSGG, and also to provide the requested documents/information or alternatively transfer the request to other offices or departments that may have the documents and are covered by substantive FOI requirements under the FOI Act on the subject matter of this request (which is approval of a treaty for Australia to become party).
Thank yous
Yours faithfully,
Tyler
Good afternoon Tyler,
Ref: FOI2025015
As advised by the Department of Prime Minister and Cabinet (PM&C) in their
email dated 12 February 2025 (PM&C ref: FOI/2025/012), your Freedom of
Information request has been transferred to the Office of the Official
Secretary to the Governor-General, as PM&C determined that the
subject-matter more closely connected with the functions of the Office.
Accordingly, the Office acknowledges receipt of your request and will
respond to you within 30 days of the date of your request, in accordance
with the Freedom of Information Act 1982.
Kind regards,
[1][IMG]
Freedom of Information Contact Officer
Office of the Official Secretary to the Governor-General
W: [2]www.gg.gov.au
Do you know someone who could be considered for an award in the
Australian honours system? [3]Click here to nominate.
From: FOI <[email address]>
Sent: Wednesday, 12 February 2025 3:38 PM
To: [FOI #12763 email]
Cc: FOI <[email address]>
Subject: PMC Ref 25/012 - Freedom of information - Notification of FOI
Request Transfer [SEC=OFFICIAL]
OFFICIAL
FOI/2025/012
Dear Tyler
Thank you for your email to the Department of the Prime Minister and
Cabinet (PM&C) dated 23 January 2025, in which you made a request under
the Freedom of Information Act 1982 (FOI Act) in the following terms:
Is it possible to provide copy of document recording the
Governor-General's approval of the Australia-Tuvalu Falepili Union Treaty
2023
([4]https://www.dfat.gov.au/geo/tuvalu/austr...
and copy of accompanying documents submitted to the Governor-General in
seeking the Governor-General's approval of the Treaty?
Notification of transfer of FOI request
The FOI Act provides a mechanism to transfer a request to another agency
where the subject-matter of the request is more closely connected with the
functions of that agency than with those of the agency to which the
request is made (section 16(1)(b) of the FOI Act). This ensures that a
decision on the request is made by the most appropriate agency.
As the subject-matter of the documents you have requested is more closely
connected with the functions of the Office of the Official Secretary to
the Governor-General (OOSGG) than with the functions of PM&C, your request
has been transferred in full to the OOSGG under section 16(1)(b) of the
FOI Act.
The OOSGG will be in touch regarding the processing of your request.
Should you wish to contact them, please do so by emailing
[5][email address]
Kind regards
Coordinator
FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [6][email address] w. [7]pmc.gov.au
The Department acknowledges and pays respect to the past, present and
emerging Elders and Traditional Custodians of Country, and the
continuation of cultural, spiritual and educational practices of
Aboriginal and Torres Strait Islander peoples.
DPMC ref: FOI/2025/012
OOSGG Ref: FOI2025015
NOTE: This message is intended for FOI in both the Department of Prime Minister and Cabinet (DPMC) and the Office of the Official Secretary to the Governor-General (OOSGG). If this message is not delivered to both offices for technical reasons or otherwise, your kind assistance in forwarding this message to such offices would be most most appreciated. Thank yous!
Dear (Shared) FOI & IPS Mailbox, DPMC and OOSGG,
Thank you for OOSGG's message of 13 February 2025.
For information, I have requested DPMC's internal review of its handling of my request on 12 February 2025. My request for internal review is below.
On the other hand, I would be most grateful for DPMC's and OOSGG's assistance on the following.
1. DPMC
Should it assist, and in light of recent communications with DPMC FOI on other requests, my FOI request to DPMC may be understood as follows (with additional phrases in square brackets):
"Is it possible to provide copy of document [copies of which are in the possession of your Department] recording the Governor-General's approval of the Australia-Tuvalu Falepili Union Treaty 2023 (https://www.dfat.gov.au/geo/tuvalu/austr... and copy of accompanying documents submitted to the Governor-General in seeking the Governor-General's approval of the Treaty [with redactions and omissions as may be necessary]?"
2. OOSGG
While noting section 6A of the FOI Act, I would be grateful for OOSGG's response about whether the requested document/information can be provided, administratively or otherwise, with necessary redactions and omissions as necessary.
Thank yous!
Yours faithfully,
Tyler
----------------- Request for internal review in DPMC on 12 February 2025 --------------------
Dear Department of the Prime Minister and Cabinet,
Please pass this on to the person who conducts Freedom of Information reviews in DPMC.
I am writing to request an internal review of Department of the Prime Minister and Cabinet's handling of my FOI request 'Australia-Tuvalu Falepili Union: Governor-General's approval documents'. A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
My reason for requesting the review is because:
1) The OOSGG, to which DPMC seeks to transfer my FOI request, would not be covered by FOI requirements for matters other than those of an administrative nature, as in section 6A of the FOI Act. It would therefore seem that DPMC has effectively refused the request?
2) However, DPMC has very graciously provided similar documents in past FOI requests regarding documents on treaties entered into by Australia that were submitted to the Governor-General for approval, with redactions and omissions if necessary. Examples include FOI/2024/313 https://www.righttoknow.org.au/request/a...
I would request DPMC to review its decision to transfer my request to OOSGG, and also to provide the requested documents/information or alternatively transfer the request to other offices or departments that may have the documents and are covered by substantive FOI requirements under the FOI Act on the subject matter of this request (which is approval of a treaty for Australia to become party).
Thank yous
Yours faithfully,
Tyler
OFFICIAL
FOI/2025/012IR
Dear Tyler,
The Department acknowledges receipt of the below internal review request.
The Freedom of Information Act 1982 (FOI Act) provides a right for internal review of 'access refusal' and 'access grant' decisions. These terms are defined in section 53A and 53B of the FOI Act. The Department's decision to transfer this matter under section 16(1)(b) of the FOI Act is neither an 'access refusal' or 'access grant' decision. Therefore, we cannot commence an internal review into this matter.
The Department transferred the request as it assessed the Office of the Official Secretary of the Governor-General is best-positioned to respond to your request, including by potentially releasing the document if in accordance with the FOI ACT. We understand they will contact you soon to confirm receipt of the transfer and discuss next steps.
Kind regards,
Adviser
FOI Section
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
The Department acknowledges and pays respect to the past, present and emerging Elders and Traditional Custodians of Country, and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
Dear Tyler,
Our ref: FOI2025015
As per the email sent to you by the Department of Prime Minister and
Cabinet (PM&C) dated 12 February 2025 (PM&C ref: FOI/2025/012), your
Freedom of Information request was transferred to the Office of the
Official Secretary to the Governor-General, as PM&C determined that the
subject-matter more closely connected with the functions of the Office.
Accordingly, please find attached the response to your FOI request.
Kind regards,
[1][IMG]
Freedom of Information Contact Officer
Office of the Official Secretary to the Governor-General
W: [2]www.gg.gov.au
Do you know someone who could be considered for an award in the
Australian honours system? [3]Click here to nominate.
From: (Shared) FOI & IPS Mailbox <[email address]>
Sent: Thursday, 13 February 2025 4:57 PM
To: [FOI #12763 email]
Cc: FOI <[email address]>; (Shared) FOI & IPS Mailbox <[email address]>
Subject: RE: PMC Ref 25/012 - Freedom of information - Notification of FOI
Request Transfer [SEC=OFFICIAL]
Good afternoon Tyler,
Ref: FOI2025015
As advised by the Department of Prime Minister and Cabinet (PM&C) in their
email dated 12 February 2025 (PM&C ref: FOI/2025/012), your Freedom of
Information request has been transferred to the Office of the Official
Secretary to the Governor-General, as PM&C determined that the
subject-matter more closely connected with the functions of the Office.
Accordingly, the Office acknowledges receipt of your request and will
respond to you within 30 days of the date of your request, in accordance
with the Freedom of Information Act 1982.
Kind regards,
[4][IMG]
Freedom of Information Contact Officer
Office of the Official Secretary to the Governor-General
W: [5]www.gg.gov.au
Do you know someone who could be considered for an award in the
Australian honours system? [6]Click here to nominate.
From: FOI <[7][email address]>
Sent: Wednesday, 12 February 2025 3:38 PM
To: [8][FOI #12763 email]
Cc: FOI <[9][email address]>
Subject: PMC Ref 25/012 - Freedom of information - Notification of FOI
Request Transfer [SEC=OFFICIAL]
OFFICIAL
FOI/2025/012
Dear Tyler
Thank you for your email to the Department of the Prime Minister and
Cabinet (PM&C) dated 23 January 2025, in which you made a request under
the Freedom of Information Act 1982 (FOI Act) in the following terms:
Is it possible to provide copy of document recording the
Governor-General's approval of the Australia-Tuvalu Falepili Union Treaty
2023
([10]https://www.dfat.gov.au/geo/tuvalu/austr...
and copy of accompanying documents submitted to the Governor-General in
seeking the Governor-General's approval of the Treaty?
Notification of transfer of FOI request
The FOI Act provides a mechanism to transfer a request to another agency
where the subject-matter of the request is more closely connected with the
functions of that agency than with those of the agency to which the
request is made (section 16(1)(b) of the FOI Act). This ensures that a
decision on the request is made by the most appropriate agency.
As the subject-matter of the documents you have requested is more closely
connected with the functions of the Office of the Official Secretary to
the Governor-General (OOSGG) than with the functions of PM&C, your request
has been transferred in full to the OOSGG under section 16(1)(b) of the
FOI Act.
The OOSGG will be in touch regarding the processing of your request.
Should you wish to contact them, please do so by emailing
[11][email address]
Kind regards
Coordinator
FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [12][email address] w. [13]pmc.gov.au
The Department acknowledges and pays respect to the past, present and
emerging Elders and Traditional Custodians of Country, and the
continuation of cultural, spiritual and educational practices of
Aboriginal and Torres Strait Islander peoples.