OFFICIAL

 

Dear Tyler

 

Thank you for your email dated 23 January 2025.

 

This email sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade (the department).

 

Scope of request:

You have sought access to:  

   

… the following documents about the Australia-Tuvalu Falepili Union
treaty:

- diplomatic notes exchanged between Australia and Tuvalu on their
completion of "respective requirements" and the entry into force of the
treaty and

- "full powers" for both parties to sign the treaty.

 

Timeframe for receiving our decision:

We received your request on 23 January 2024, and the 30-day statutory
period for processing your request commenced from the day after that date.
A decision is currently due to you by 24 February 2024. The period of 30
days may be extended in certain circumstances. 

 

Disclosure log:

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published on the
department’s [1]disclosure log.

 

Exclusion of officials’ names and contact details:

It is the department’s policy to withhold the personal information of
junior staff from ministerial offices and government officials not in the
Senior Executive Service (SES) or equivalent, including their email
addresses and contact numbers, together with all signatures, mobile phone
numbers, departmental inboxes and technical transmission details including
reference numbers.

 

Duplicate documents and incomplete email chains:

Your request will be processed on the basis that you did not intend to
capture duplicate documents or duplicate emails within email chains.

 

If you require the excluded information or documents, please let us know
at [2][DFAT request email] so the decision-maker may consider; otherwise, we
will take it that you agree to the information and documents being
excluded from the scope of your request.

 

Personal Information:

If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name). When we consult it may be apparent that you have made a request,
even if we do not disclose your identity. Please let us know if you have
any concerns in this regard. Further information on the way the department
handles personal information is accessible via our [3]privacy policy.

 

Should you require any further information, please do not hesitate to
contact us by reply email.

 

Kind Regards

 

 

_______________________________
Freedom of Information Section

Public Interest Law Branch| Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade
E: [4][DFAT request email]

 

[5]dfat.gov.au | [6]X | [7]Facebook | [8]Instagram  | [9]LinkedIn

© Brooke Rigney-Lively (2024)

We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging.

 

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

 

-----Original Message-----

From: Tyler <[10][FOI #12764 email]>

Sent: Thursday, 23 January 2025 6:03 PM

To: FOI FOI <[11][DFAT request email]>

Subject: [EXTERNAL] Freedom of Information request - Australia-Tuvalu
Falepili Union Treaty: "diplomatic notes" on entry into force & "full
powers" for signature

 

CAUTION: This email originated from outside the organisation. Do not click
links or open attachments unless you recognise the sender.

 

Dear Department of Foreign Affairs and Trade,

 

Is it possible to provide the following information/copy of documents
about the Australia-Tuvalu Falepili Union treaty?
[12]https://www.dfat.gov.au/geo/tuvalu/austr...

 

- diplomatic notes exchanged between Australia and Tuvalu on their
completion of "respective requirements" and the entry into force of the
treaty?

(This is said in Article 8 paragraph 1, of the treaty)

 

- "full powers" for both parties to sign the treaty. My question is
whether there were any "full powers" from Australia or Tuvalu for
signature of this treaty, and if so, is it possible to provide copy of
these "full powers"?

 

(Considering past requests to DFAT, I explain here that "full powers" is
standard terminology which refers to a document that a head of state, a
head of government, or the foreign minister, authorises someone else to
sign or conclude a treaty on the state's behalf. Whether or not the
document contains the term "full powers" in its heading for instance is
really for the state to decide. Also, this request is about the 'full
powers' for "signature" of the treaty by Australia and Tuvalu. It seems
that the treaty was signed by the Prime Ministers of both countries, so
maybe no "full powers" needed to made, but just in case there were "full
powers", is it possible to provide copy of "full powers" from both
parties?)

 

Thank yous!

 

Yours faithfully,

 

Tyler

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[13][FOI #12764 email]

 

Is [14][DFAT request email] the wrong address for Freedom of Information
requests to Department of Foreign Affairs and Trade? If so, please contact
us using this form:

[15]https://aus01.safelinks.protection.outlo...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[16]https://aus01.safelinks.protection.outlo...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

References

Visible links
1. https://www.dfat.gov.au/about-us/corpora...
2. mailto:[DFAT request email]
3. https://www.dfat.gov.au/about-us/corpora...
4. mailto:[DFAT request email]
5. https://www.dfat.gov.au/
6. https://x.com/DFAT
7. https://www.facebook.com/dfat.gov.au/
8. https://www.instagram.com/dfat/?hl=en
9. https://au.linkedin.com/company/departme...
10. mailto:[FOI #12764 email]
11. mailto:[DFAT request email]
12. https://www.dfat.gov.au/geo/tuvalu/austr...
13. mailto:[FOI #12764 email]
14. mailto:[DFAT request email]
15. https://www.righttoknow.org.au/change_re...
16. https://www.righttoknow.org.au/help/offi...

hide quoted sections

OFFICIAL

 

Dear Tyler

 

Thank you for your email dated 23 January 2025.

 

This email sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade (the department).

 

Scope of request:

You have sought access to:  

   

… the following documents about the Australia-Tuvalu Falepili Union
treaty:

- diplomatic notes exchanged between Australia and Tuvalu on their
completion of "respective requirements" and the entry into force of the
treaty and

- "full powers" for both parties to sign the treaty.

 

Timeframe for receiving our decision:

We received your request on 23 January 2024, and the 30-day statutory
period for processing your request commenced from the day after that date.
A decision is currently due to you by 24 February 2024. The period of 30
days may be extended in certain circumstances. 

 

Disclosure log:

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published on the
department’s [1]disclosure log.

 

Exclusion of officials’ names and contact details:

It is the department’s policy to withhold the personal information of
junior staff from ministerial offices and government officials not in the
Senior Executive Service (SES) or equivalent, including their email
addresses and contact numbers, together with all signatures, mobile phone
numbers, departmental inboxes and technical transmission details including
reference numbers.

 

Duplicate documents and incomplete email chains:

Your request will be processed on the basis that you did not intend to
capture duplicate documents or duplicate emails within email chains.

 

If you require the excluded information or documents, please let us know
at [2][DFAT request email] so the decision-maker may consider; otherwise, we
will take it that you agree to the information and documents being
excluded from the scope of your request.

 

Personal Information:

If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name). When we consult it may be apparent that you have made a request,
even if we do not disclose your identity. Please let us know if you have
any concerns in this regard. Further information on the way the department
handles personal information is accessible via our [3]privacy policy.

 

Should you require any further information, please do not hesitate to
contact us by reply email.

 

Kind Regards

 

 

_______________________________
Freedom of Information Section

Public Interest Law Branch| Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade
E: [4][DFAT request email]

 

[5]dfat.gov.au | [6]X | [7]Facebook | [8]Instagram  | [9]LinkedIn

© Brooke Rigney-Lively (2024)

We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging.

 

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

 

-----Original Message-----

From: Tyler <[10][FOI #12764 email]>

Sent: Thursday, 23 January 2025 6:03 PM

To: FOI FOI <[11][DFAT request email]>

Subject: [EXTERNAL] Freedom of Information request - Australia-Tuvalu
Falepili Union Treaty: "diplomatic notes" on entry into force & "full
powers" for signature

 

CAUTION: This email originated from outside the organisation. Do not click
links or open attachments unless you recognise the sender.

 

Dear Department of Foreign Affairs and Trade,

 

Is it possible to provide the following information/copy of documents
about the Australia-Tuvalu Falepili Union treaty?
[12]https://www.dfat.gov.au/geo/tuvalu/austr...

 

- diplomatic notes exchanged between Australia and Tuvalu on their
completion of "respective requirements" and the entry into force of the
treaty?

(This is said in Article 8 paragraph 1, of the treaty)

 

- "full powers" for both parties to sign the treaty. My question is
whether there were any "full powers" from Australia or Tuvalu for
signature of this treaty, and if so, is it possible to provide copy of
these "full powers"?

 

(Considering past requests to DFAT, I explain here that "full powers" is
standard terminology which refers to a document that a head of state, a
head of government, or the foreign minister, authorises someone else to
sign or conclude a treaty on the state's behalf. Whether or not the
document contains the term "full powers" in its heading for instance is
really for the state to decide. Also, this request is about the 'full
powers' for "signature" of the treaty by Australia and Tuvalu. It seems
that the treaty was signed by the Prime Ministers of both countries, so
maybe no "full powers" needed to made, but just in case there were "full
powers", is it possible to provide copy of "full powers" from both
parties?)

 

Thank yous!

 

Yours faithfully,

 

Tyler

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[13][FOI #12764 email]

 

Is [14][DFAT request email] the wrong address for Freedom of Information
requests to Department of Foreign Affairs and Trade? If so, please contact
us using this form:

[15]https://aus01.safelinks.protection.outlo...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[16]https://aus01.safelinks.protection.outlo...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

References

Visible links
1. https://www.dfat.gov.au/about-us/corpora...
2. mailto:[DFAT request email]
3. https://www.dfat.gov.au/about-us/corpora...
4. mailto:[DFAT request email]
5. https://www.dfat.gov.au/
6. https://x.com/DFAT
7. https://www.facebook.com/dfat.gov.au/
8. https://www.instagram.com/dfat/?hl=en
9. https://au.linkedin.com/company/departme...
10. mailto:[FOI #12764 email]
11. mailto:[DFAT request email]
12. https://www.dfat.gov.au/geo/tuvalu/austr...
13. mailto:[FOI #12764 email]
14. mailto:[DFAT request email]
15. https://www.righttoknow.org.au/change_re...
16. https://www.righttoknow.org.au/help/offi...

hide quoted sections

OFFICIAL

 

Dear Tyler

 

As advised below a decision on this request is currently due by 24
February 2025.

 

The department would be very grateful, however, if you would agree to a 14
day extension of time until 10 March 2025 under section 15AA of the FOI
Act.

 

Kind regards

 

 

_______________________________
Freedom of Information Section

Public Interest Law Branch| Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade
E: [DFAT request email]

 

[1]dfat.gov.au | [2]X | [3]Facebook | [4]Instagram  | [5]LinkedIn

© Brooke Rigney-Lively (2024)

We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging.

 

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

 

From: FOI FOI
Sent: Thursday, 30 January 2025 3:17 PM
To: Tyler <[FOI #12764 email]>
Subject: Freedom of Information request - Australia-Tuvalu Falepili Union
Treaty: "diplomatic notes" on entry into force & "full powers" for
signature - LEX11996 [SEC=OFFICIAL]

 

OFFICIAL

 

Dear Tyler

 

Thank you for your email dated 23 January 2025.

 

This email sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade (the department).

 

Scope of request:

You have sought access to:  

   

… the following documents about the Australia-Tuvalu Falepili Union
treaty:

- diplomatic notes exchanged between Australia and Tuvalu on their
completion of "respective requirements" and the entry into force of the
treaty and

- "full powers" for both parties to sign the treaty.

 

Timeframe for receiving our decision:

We received your request on 23 January 2024, and the 30-day statutory
period for processing your request commenced from the day after that date.
A decision is currently due to you by 24 February 2024. The period of 30
days may be extended in certain circumstances. 

 

Disclosure log:

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published on the
department’s [6]disclosure log.

 

Exclusion of officials’ names and contact details:

It is the department’s policy to withhold the personal information of
junior staff from ministerial offices and government officials not in the
Senior Executive Service (SES) or equivalent, including their email
addresses and contact numbers, together with all signatures, mobile phone
numbers, departmental inboxes and technical transmission details including
reference numbers.

 

Duplicate documents and incomplete email chains:

Your request will be processed on the basis that you did not intend to
capture duplicate documents or duplicate emails within email chains.

 

If you require the excluded information or documents, please let us know
at [7][DFAT request email] so the decision-maker may consider; otherwise, we
will take it that you agree to the information and documents being
excluded from the scope of your request.

 

Personal Information:

If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name). When we consult it may be apparent that you have made a request,
even if we do not disclose your identity. Please let us know if you have
any concerns in this regard. Further information on the way the department
handles personal information is accessible via our [8]privacy policy.

 

Should you require any further information, please do not hesitate to
contact us by reply email.

 

Kind Regards

 

 

_______________________________
Freedom of Information Section

Public Interest Law Branch| Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade
E: [9][DFAT request email]

 

[10]dfat.gov.au | [11]X | [12]Facebook | [13]Instagram  | [14]LinkedIn

© Brooke Rigney-Lively (2024)

We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging.

 

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed. Such
privilege is not waived and you should ensure that, in your handling of
the advice, you avoid waiving privilege. Please consult the author of the
advice if unsure about appropriate handling.

 

-----Original Message-----

From: Tyler <[15][FOI #12764 email]>

Sent: Thursday, 23 January 2025 6:03 PM

To: FOI FOI <[16][DFAT request email]>

Subject: [EXTERNAL] Freedom of Information request - Australia-Tuvalu
Falepili Union Treaty: "diplomatic notes" on entry into force & "full
powers" for signature

 

CAUTION: This email originated from outside the organisation. Do not click
links or open attachments unless you recognise the sender.

 

Dear Department of Foreign Affairs and Trade,

 

Is it possible to provide the following information/copy of documents
about the Australia-Tuvalu Falepili Union treaty?
[17]https://www.dfat.gov.au/geo/tuvalu/austr...

 

- diplomatic notes exchanged between Australia and Tuvalu on their
completion of "respective requirements" and the entry into force of the
treaty?

(This is said in Article 8 paragraph 1, of the treaty)

 

- "full powers" for both parties to sign the treaty. My question is
whether there were any "full powers" from Australia or Tuvalu for
signature of this treaty, and if so, is it possible to provide copy of
these "full powers"?

 

(Considering past requests to DFAT, I explain here that "full powers" is
standard terminology which refers to a document that a head of state, a
head of government, or the foreign minister, authorises someone else to
sign or conclude a treaty on the state's behalf. Whether or not the
document contains the term "full powers" in its heading for instance is
really for the state to decide. Also, this request is about the 'full
powers' for "signature" of the treaty by Australia and Tuvalu. It seems
that the treaty was signed by the Prime Ministers of both countries, so
maybe no "full powers" needed to made, but just in case there were "full
powers", is it possible to provide copy of "full powers" from both
parties?)

 

Thank yous!

 

Yours faithfully,

 

Tyler

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[18][FOI #12764 email]

 

Is [19][DFAT request email] the wrong address for Freedom of Information
requests to Department of Foreign Affairs and Trade? If so, please contact
us using this form:

[20]https://aus01.safelinks.protection.outlo...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[21]https://aus01.safelinks.protection.outlo...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

References

Visible links
1. https://www.dfat.gov.au/
2. https://x.com/DFAT
3. https://www.facebook.com/dfat.gov.au/
4. https://www.instagram.com/dfat/?hl=en
5. https://au.linkedin.com/company/departme...
6. https://www.dfat.gov.au/about-us/corpora...
7. mailto:[DFAT request email]
8. https://www.dfat.gov.au/about-us/corpora...
9. mailto:[DFAT request email]
10. https://www.dfat.gov.au/
11. https://x.com/DFAT
12. https://www.facebook.com/dfat.gov.au/
13. https://www.instagram.com/dfat/?hl=en
14. https://au.linkedin.com/company/departme...
15. mailto:[FOI #12764 email]
16. mailto:[DFAT request email]
17. https://www.dfat.gov.au/geo/tuvalu/austr...
18. mailto:[FOI #12764 email]
19. mailto:[DFAT request email]
20. https://www.righttoknow.org.au/change_re...
21. https://www.righttoknow.org.au/help/offi...

hide quoted sections

OFFICIAL
Dear Tyler

No - LEX11906 for documents relating to "... full powers for Australia's representative to sign the Articles of Agreement of the Asian Infrastructure Investment Bank" was finalised on and documents were released to you on 30 January 2025.

The extension until 10 March relates to your request LEX 11996 for:

"- diplomatic notes exchanged between Australia and Tuvalu on their completion of "respective requirements" and the entry into force of the treaty?
(This is said in Article 8 paragraph 1, of the treaty) and
- "full powers" for both parties to sign the treaty. My question is whether there were any "full powers" from Australia or Tuvalu for signature of this treaty, and if so, is it possible to provide copy of these "full powers"?"

BTW if correspondence gets mixed-up on Right to Know, you may wish to consider lodging requests directly to the department.

Kind regards

_______________________________
Freedom of Information Section
Public Interest Law Branch| Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
E: [DFAT request email]

dfat.gov.au | X | Facebook | Instagram | LinkedIn

© Brooke Rigney-Lively (2024)
We acknowledge the Traditional Custodians of Country throughout Australia, and their continuing connection to land, waters and community. We pay our respects to all First Nations peoples, their cultures and to their Elders, past, present and emerging.

This email and any attachments may contain confidential information or legal advice over which legal professional privilege can be claimed. Such privilege is not waived and you should ensure that, in your handling of the advice, you avoid waiving privilege. Please consult the author of the advice if unsure about appropriate handling.

-----Original Message-----
From: Tyler <[email address]>
Sent: Monday, 17 February 2025 2:26 PM
To: FOI FOI <[DFAT request email]>
Subject: [EXTERNAL] Re: Freedom of Information request - Australia-Tuvalu Falepili Union Treaty: "diplomatic notes" on entry into force & "full powers" for signature - LEX11996 [SEC=OFFICIAL]

CAUTION: This email originated from outside the organisation. Do not click links or open attachments unless you recognise the sender.

Dear DFAT,

Just regarding your suggestion to extend the deadline to until to 10 March 2025, is this about my earlier request "Asian Infrastructure Development Bank (AIIB) - "full powers" for signature by Australia" made on 2 January 2025? I just to be sure, because I am making the request through righttoknow.org.au and sometimes the communications get mixed up with other requests.

thank yous!

Yours faithfully,

Tyler

-----Original Message-----

OFFICIAL

Dear Tyler

As advised below a decision on this request is currently due by 24

February 2025.

The department would be very grateful, however, if you would agree to a 14

day extension of time until 10 March 2025 under section 15AA of the FOI

Act.

Kind regards

Freedom of Information Section

Public Interest Law Branch| Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

E: [9][DFAT request email]

[10]dfat.gov.au | [11]X | [12]Facebook | [13]Instagram | [14]LinkedIn

© Brooke Rigney-Lively (2024)

We acknowledge the Traditional Custodians of Country throughout Australia,

and their continuing connection to land, waters and community. We pay our

respects to all First Nations peoples, their cultures and to their Elders,

past, present and emerging.

This email and any attachments may contain confidential information or

legal advice over which legal professional privilege can be claimed. Such

privilege is not waived and you should ensure that, in your handling of

the advice, you avoid waiving privilege. Please consult the author of the

advice if unsure about appropriate handling.

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[email address]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

hide quoted sections