OFFICIAL

Dear Foifoi McGee

Acknowledgement

I refer to your correspondence of 18 October 2023, seeking access to
documents held by the Department of Defence (Defence), under the Freedom
of Information Act 1982 (FOI Act). This email is to advise you that your
request has been received and allocated for Case Management.

The scope of your request is:

…all documents, including reports, meeting minutes and correspondence held
by the Department of Defence that either support, contradict or relate to
the Ministers statement that Israel is acting within the rules of law.

Background:
On the 14th October 2023, it was reported by the SBS that Defence Minister
Richard Marles said "I think Israel is acting within the rules of war"
[1]https://www.sbs.com.au/news/article/hope...

Disclaimer

Where staff details are captured in documents within the scope of your FOI
request, this information will be redacted; this includes private email
addresses, signatures, personnel (PMKeyS) numbers and mobile telephone
numbers, unless you specifically request such details. Defence excludes
duplicates of documents and any documents sent to or from you.
Furthermore, Defence only considers final versions of documents.

Charges

Defence may impose a charge for the work involved in providing access to
the documents in accordance with the Freedom of Information (Charges)
Regulations 2019. We will notify you if your request attracts a charge.
Please note that there is no charge for documents that contain the
personal information of the applicant.

Timeframe

The statutory timeframe to provide you with a decision on your request
ends on 17 November 2023. This period may be extended if we need to
consult with third parties, or for other reasons. We will advise you if
this happens.

Please note that where the due date falls on a Saturday, Sunday or public
holiday, the timeframe will expire on the next working day. This is in
accordance with the FOI Guidelines issued by the Office of the Australian
Information Commissioner under section 93A of the FOI Act.

Disclosure Log

Documents released under the FOI Act may be published on Defence’s
disclosure log, located on our website.

Contact Details

We will contact you via the email address you have provided. Please advise
if you would prefer us to use an alternative means of contact.

Should you have any questions relating to your request, please do not
hesitate to contact us via email: [2][email address].

Kind regards

Freedom of Information Team

Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

[3]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. https://www.sbs.com.au/news/article/hope...
2. mailto:[email address]
3. https://www.defence.gov.au/about/accessi...

OFFICIAL

Dear FOI Applicant,

The current statutory deadline for you to receive a response to your
Defence FOI request regarding ‘the Minister’s statement that Israel is
acting within the rules of law’ is 17 November 2023.

Due to unexpected staff absences, our office is seeking your agreement to
a 14-day extension of the statutory deadline under section 15AA
[extension with agreement] of the FOI Act. We will endeavour to process
your request as soon as we can.

Should you agree, the statutory deadline for you to receive a response to
your request will expire on 1 December 2023.

It would be appreciated if you could confirm your agreement to this
extension of time by close of business 16 November 2023.

I am the Case Manager for your request and should you have any questions
regarding this matter, please do not hesitate to contact me.

Kind regards,

Ryan

Freedom of Information
Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

Tel: 02 5108 8851

[1]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. https://www.defence.gov.au/about/accessi...

OFFICIAL

Dear FOI Applicant,

The current statutory deadline for you to receive a response to your
Defence FOI request regarding ‘the Minister’s statement that Israel is
acting within the rules of law’ is 1 December 2023.

Due to competing priorities, the line area responsible for processing your
request is seeking your agreement to a further 14-day extension of the
statutory deadline under section 15AA [extension with agreement] of the
FOI Act. We will endeavour to process your request as soon as we can.

Should you agree, the statutory deadline for you to receive a response to
your request will expire on 15 December 2023.

It would be appreciated if you could confirm your agreement to this
extension of time by close of business 1 December 2023.

I am the Case Manager for your request and should you have any questions
regarding this matter, please do not hesitate to contact me.

Kind regards,

Ryan

Freedom of Information
Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

Tel: 02 5108 8851

[1]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. https://www.defence.gov.au/about/accessi...

OFFICIAL

Dear Foifoi Mcgee

Please find attached the Decision and document relating to Defence FOI
356/23/24. 

In accordance with the requirements of section 11C of the FOI Act, Defence
is required to publish details of information released under the FOI Act.
Defence publishes identified documents relating to finalised requests
within ten working days of receipt by the applicant. Defence will also
publish the statement of reasons with privacy deletions. 

Review Rights

If you disagree with the decision made by the Department of Defence or the
Minister under the Freedom of Information Act 1982 (the FOI Act), you can
ask for the decision to be reviewed. You may want to seek review if you
sought certain documents and were not given full access, if your
application to have your personal information amended was not accepted or
your comments in response to formal consultation were not accepted.

You must apply in writing and should include a copy of the notice of the
decision provided and the points to which you are objecting and why.  You
may apply directly to the Information Commissioner, within 60 days of
receiving your decision.

Further information about the external review process or how to make a
complaint to the Information Commissioner is available:

Online: [1]www.oaic.gov.au

Post: GPO Box 5218 Sydney NSW 2000

Email: [2][email address]

Regards

Erin
Freedom on Information 
Media and Information Disclosure Branch

Ministerial & Executive Coordination and Communication Division

Department of Defence

[3]Freedom of information requests | About | Defence

IMPORTANT: This email remains the property of the Department of Defence.
Unauthorised communication and dealing with the information in the email
may be a serious criminal offence. If you have received this email in
error, you are requested to contact the sender and delete the email
immediately.

References

Visible links
1. http://www.oaic.gov.au/
2. mailto:[email address]
3. https://www.defence.gov.au/about/accessi...