Dear Department of Foreign Affairs and Trade,

Foreign Minister Penny Wong said the government did not hold Israel responsible for a hospital explosion in Gaza.

I request access to the following documents under the Freedom of Information Act 1982:
1. All internal briefings, memorandums, emails, reports or other documents that were consulted by or provided to Foreign Minister Penny Wong which informed her determination regarding responsibility for the hospital explosion in Gaza.

2. Any documents, including diplomatic cables, intelligence reports, meeting notes or other correspondence within the Department of Foreign Affairs and Trade or exchanged with other government departments/agencies relating to, mentioning, referencing or analysing the hospital explosion in Gaza.

Yours faithfully,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

FOI Request: LEX 9321

 

Dear CR

 

Thank you for your email dated 22 October 2023 seeking access to documents
under the Freedom of Information Act 1982.

 

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:

 1. All internal briefings, memorandums, emails, reports or other
documents that were consulted by or provided to Foreign Minister Penny
Wong which informed her determination regarding responsibility for the
hospital explosion in Gaza.

 

 2. Any documents, including diplomatic cables, intelligence reports,
meeting notes or other correspondence within the Department of Foreign
Affairs and Trade or exchanged with other government
departments/agencies relating to, mentioning, referencing or analysing
the hospital explosion in Gaza.

Timeframe for receiving our decision:

We received your request on 22 October 2023 and the 30-day statutory
period for processing your request commenced from the day after that date.
The period of 30 days may be extended in certain circumstances. We will
advise you if any extension of time is required.

 

Request for extension of time:

The department seeks your agreement under section 15AA of the FOI Act to
an extension of 30 days to finalise your request, which is currently due
on 21 November 2023 until 21 December 2023.

The relevant business area is currently diverted to manage matters
relating to the crisis and require the additional time to manage competing
priorities whilst also undertaking the relevant search and retrieval.

I would be grateful if you could please advise in writing if you agree to
the proposed extension of time by COB Friday 27 October 2023. In the event
you do not respond, the department may apply to the Office of the
Australian Information Commissioner (OAIC) seeking an extension to the
statutory timeframe under s15AB of the FOI Act.  

 

Should the department finalise your request earlier the decision letter
and documents (if any) will be released to you at that time.

 

Charges:

Please note that the department may issue charges for processing FOI
requests. We will advise you of any relevant charges when we are in a
position to estimate the resources required to process your request.

 

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 disclosure log:
[1]https://www.dfat.gov.au/about-us/corpora....

 

Exclusion of officials’ names and contact details:

It is the department’s policy to withhold the mobile numbers of all
government officials, and the names and contact details of government
officials not in the Senior Executive Service (SES) or equivalent. If you
require the mobile numbers of all government officials, or the names and
contact details of non-SES officials, please let us know at
[2][DFAT request email] so the decision-maker may consider; otherwise we will
take it that you agree to that information 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. The department’s privacy policy is available
at dfat.gov.au/privacy.html.

 

Should you require any further information, please do not hesitate to
contact us by return e-mail at [3][DFAT request email]

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

[4]dfat.gov.au | [5]Twitter | [6]Facebook | [7]Instagram  | [8]LinkedIn

 

© Kim Hill, Among Women (2011)

[9]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.

 

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Sunday, 22 October 2023 11:43 PM
To: FOI <[DFAT request email]>
Subject: [EXTERNAL] Freedom of Information request - Gaza hospital
explosion

 

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,

 

Foreign Minister Penny Wong said the government did not hold Israel
responsible for a hospital explosion in Gaza.

 

I request access to the following documents under the Freedom of
Information Act 1982:

1. All internal briefings, memorandums, emails, reports or other documents
that were consulted by or provided to Foreign Minister Penny Wong which
informed her determination regarding responsibility for the hospital
explosion in Gaza.

 

2. Any documents, including diplomatic cables, intelligence reports,
meeting notes or other correspondence within the Department of Foreign
Affairs and Trade or exchanged with other government departments/agencies
relating to, mentioning, referencing or analysing the hospital explosion
in Gaza.

 

Yours faithfully,

 

CR

 

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

 

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

[10][FOI #10781 email]

 

Is [11][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:

[12]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:

[13]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
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2. mailto:[DFAT request email]
3. mailto:[DFAT request email]
4. http://www.dfat.gov.au/
5. https://twitter.com/DFAT
6. https://www.facebook.com/dfat.gov.au
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hide quoted sections

Dear DFAT FOI Team,

Thank you for your prompt acknowledgement of my FOI request.

While I understand the department is currently managing competing priorities, on this occasion I must decline the extension of time request. As the matter I sought information on is of ongoing public interest, a timely response is preferable.

However, should any unforeseen issues arise in the coming weeks that may impact the department's ability to finalize my request by the original due date, I will of course be open to considering a more limited extension at that time.

Kind regards,

CR

FOI, Department of Foreign Affairs and Trade

2 Attachments

Dear CR

 

Please find attached correspondence in relation to your FOI request.

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

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

 

© Kim Hill, Among Women (2011)

[6]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.

 

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Saturday, 28 October 2023 9:44 AM
To: FOI <[DFAT request email]>
Subject: Re: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - Acknowledgement
and Request for Extension of Time [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

Thank you for your prompt acknowledgement of my FOI request.

 

 

 

While I understand the department is currently managing competing
priorities, on this occasion I must decline the extension of time request.
As the matter I sought information on is of ongoing public interest, a
timely response is preferable.

 

 

 

However, should any unforeseen issues arise in the coming weeks that may
impact the department's ability to finalize my request by the original due
date, I will of course be open to considering a more limited extension at
that time.

 

 

 

Kind regards,

 

 

 

CR

 

 

 

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

 

 

 

FOI Request: LEX 9321

 

 

 

 

 

 

 

Dear CR

 

 

 

 

 

 

 

Thank you for your email dated 22 October 2023 seeking access to documents

 

under the Freedom of Information Act 1982.

 

 

 

 

 

 

 

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:

 

 

 

  1. All internal briefings, memorandums, emails, reports or other

 

documents that were consulted by or provided to Foreign Minister Penny

 

Wong which informed her determination regarding responsibility for the

 

hospital explosion in Gaza.

 

 

 

 

 

 

 

  2. Any documents, including diplomatic cables, intelligence reports,

 

meeting notes or other correspondence within the Department of Foreign

 

Affairs and Trade or exchanged with other government

 

departments/agencies relating to, mentioning, referencing or analysing

 

the hospital explosion in Gaza.

 

 

 

Timeframe for receiving our decision:

 

 

 

We received your request on 22 October 2023 and the 30-day statutory

 

period for processing your request commenced from the day after that date.

 

The period of 30 days may be extended in certain circumstances. We will

 

advise you if any extension of time is required.

 

 

 

 

 

 

 

Request for extension of time:

 

 

 

The department seeks your agreement under section 15AA of the FOI Act to

 

an extension of 30 days to finalise your request, which is currently due

 

on 21 November 2023 until 21 December 2023.

 

 

 

The relevant business area is currently diverted to manage matters

 

relating to the crisis and require the additional time to manage competing

 

priorities whilst also undertaking the relevant search and retrieval.

 

 

 

I would be grateful if you could please advise in writing if you agree to

 

the proposed extension of time by COB Friday 27 October 2023. In the event

 

you do not respond, the department may apply to the Office of the

 

Australian Information Commissioner (OAIC) seeking an extension to the

 

statutory timeframe under s15AB of the FOI Act.

 

 

 

 

 

 

 

Should the department finalise your request earlier the decision letter

 

and documents (if any) will be released to you at that time.

 

 

 

 

 

 

 

Charges:

 

 

 

Please note that the department may issue charges for processing FOI

 

requests. We will advise you of any relevant charges when we are in a

 

position to estimate the resources required to process your request.

 

 

 

 

 

 

 

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 disclosure log:

 

[1][7]https://www.dfat.gov.au/about-us/corpora....

 

 

 

 

 

 

 

Exclusion of officials’ names and contact details:

 

 

 

It is the department’s policy to withhold the mobile numbers of all

 

government officials, and the names and contact details of government

 

officials not in the Senior Executive Service (SES) or equivalent. If you

 

require the mobile numbers of all government officials, or the names and

 

contact details of non-SES officials, please let us know at

 

[2][DFAT request email] so the decision-maker may consider; otherwise we
will

 

take it that you agree to that information 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. The department’s privacy policy is available

 

at dfat.gov.au/privacy.html.

 

 

 

 

 

 

 

Should you require any further information, please do not hesitate to

 

contact us by return e-mail at [3][DFAT request email]

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

[4]dfat.gov.au | [5]Twitter | [6]Facebook | [7]Instagram  | [8]LinkedIn

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[9]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.

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

[8][FOI #10781 email]

 

 

 

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:

 

[9]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
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2. https://twitter.com/DFAT
3. https://www.facebook.com/dfat.gov.au
4. https://www.instagram.com/dfat
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9. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team,

I appreciate the initiation of the request consultation process.

I am considering revising the scope of my FOI request as follows:
1. Internal briefings, memorandums, emails, reports or other documents consulted by or provided to Minister Wong from 17-19 October 2023 which formed her determination regarding responsibility for the Al-Ahli Arab Hospital explosion in Gaza.
2. Diplomatic cables, intelligence reports, meeting notes or other correspondence within DFAT or exchanged with other agencies from 17 October-15 November 2023 relating to the Al-Ahli Arab Hospital explosion in Gaza.

I believe this revised scope is more focused and narrowly tailored to the specific hospital explosion. Please advise if processing this revised request would still substantially and unreasonably divert departmental resources.

I appreciate your consideration and look forward to your response. The consultation period remains ongoing as this is not yet my formal revised request.

Yours sincerely,
CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Dear CR

 

Many thanks for your prompt response.

 

The right of access applies to documents that exist at the time the FOI
request was made (paragraph 2.34 of the FOI Guidelines). Your request was
made at 11:43pm on 22 October 2023. This means the date range for part 2
of your request will be 17 October to 22 October 2023. Should you wish to
withdraw this request and make a new FOI request for a larger date range
it is open to you to do so.

 

Additionally, in the department’s consultation it was suggested that you
limit the number of document types sought to reduce the amount of
documents captured. It is unlikely that the practical refusal reason will
be resolved without consideration of this point.

 

Exemption of certain persons and bodies

 

Note that, part of your request is for access to intelligence documents
(should they exist). We note that section 7(2A) of the FOI Act states:
(2A)  An [1]agency is exempt from the operation of this Act in relation to
the following [2]documents:

                     (a)  a [3]document (an [4]intelligence agency
document ) that has originated with, or has been received from, any of the
following:

                              (i)  the Australian Secret Intelligence
Service;

                             (ii)  the Australian Security Intelligence
Organisation;

                            (iii)  the Inspector-General of Intelligence
and Security;

                            (iv)  the Office of National Intelligence;

                             (v) 
the [5]Australian [6]Geospatial-Intelligence Organisation (other than
a [7]document that has originated with, or has been received from, the
Australian Hydrographic Office in the performance of its functions
under [8]subsection 223(2) of the [9]Navigation Act 2012 );

                            (vi)  the [10]Defence
Intelligence [11]Organisation;

                           (vii)  the Australian Signals Directorate

                     (b)  a [12]document that contains a summary of, or an
extract or information from, an [13]intelligence agency document, to the
extent that it contains such a summary, extract or information.

If there are any intelligence documents relevant to the scope of your
revised request and the above applies, these documents will be exempt from
the operation of the FOI Act. Accordingly you may also wish to consider
excluding intelligence reports from the revised request.

Please let me know if you would like to further revise the scope of your
request, otherwise the revised scope will be taken to be the below with
the revised date of 22 October 2023.

 

Note that as the requests have been combined the consultation period will
end when all applicant’s have replied, or after 14 days.

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

[14]dfat.gov.au | [15]Twitter | [16]Facebook | [17]Instagram  |
[18]LinkedIn

 

© Kim Hill, Among Women (2011)

[19]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.

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Wednesday, 15 November 2023 2:42 PM
To: FOI <[DFAT request email]>
Subject: [EXTERNAL] Re: LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

I appreciate the initiation of the request consultation process.

 

 

 

I am considering revising the scope of my FOI request as follows:

 

1. Internal briefings, memorandums, emails, reports or other documents
consulted by or provided to Minister Wong from 17-19 October 2023 which
formed her determination regarding responsibility for the Al-Ahli Arab
Hospital explosion in Gaza.

 

2. Diplomatic cables, intelligence reports, meeting notes or other
correspondence within DFAT or exchanged with other agencies from 17
October-15 November 2023 relating to the Al-Ahli Arab Hospital explosion
in Gaza.

 

 

 

I believe this revised scope is more focused and narrowly tailored to the
specific hospital explosion. Please advise if processing this revised
request would still substantially and unreasonably divert departmental
resources.

 

 

 

I appreciate your consideration and look forward to your response. The
consultation period remains ongoing as this is not yet my formal revised
request.

 

 

 

Yours sincerely,

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

Please find attached correspondence in relation to your FOI request.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

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

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[6]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.

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

[20][FOI #10781 email]

 

 

 

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.

 

 

 

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

 

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20. mailto:[FOI #10781 email]
21. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team

Thank you for your response.

I am considering revising the scope of my FOI request as follows:
1. Internal briefings, memorandums, emails, reports or other documents consulted by or provided to Minister Wong from 17-19 October 2023 which formed her determination regarding responsibility for the Al-Ahli Arab Hospital explosion in Gaza.
2. Diplomatic cables, meeting notes or other correspondence within DFAT or exchanged with other agencies from 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

How do you propose limiting the type of documents sought? Are you able to provide insight as to what types of documents were identified as voluminous in the preliminary search?

Lastly, what do you suggest would be a reasonable request in the circumstances?

Yours sincerely,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Dear CR

 

Thank you for your email.

 

Our cyber team has re-run a department wide search for emails based on
your revised search and containing the search terms "Ali-Ahli Arab
Hospital" and "Hospital Explosion" and "Hospital Bombing" and "Ali-Ahli"
AND "Hospital" for the date range 17 October 2023 to 19 October 2023 and
identified 37,939 items.

 

The retention of emails in your revised scope will not resolve the
practical refusal reason. You may instead consider limiting your
correspondence to a particular [1]Branch or Division within the
department. Or if you were to focus on a document type then to diplomatic
cables or briefs sent to the Foreign Minister/or her office only.

 

Notwithstanding this your request has been combined with 12 other
requests, so it is also dependant on the replies of the rest of the
cohort. We are working with each applicant to reasonably reduce the scope
of the request.

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

[2]dfat.gov.au | [3]Twitter | [4]Facebook | [5]Instagram  | [6]LinkedIn

 

© Kim Hill, Among Women (2011)

[7]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.

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Wednesday, 15 November 2023 4:06 PM
To: FOI <[DFAT request email]>
Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team

 

 

 

Thank you for your response.

 

 

 

I am considering revising the scope of my FOI request as follows:

 

1. Internal briefings, memorandums, emails, reports or other documents
consulted by or provided to Minister Wong from 17-19 October 2023 which
formed her determination regarding responsibility for the Al-Ahli Arab
Hospital explosion in Gaza.

 

2. Diplomatic cables, meeting notes or other correspondence within DFAT or
exchanged with other agencies from 17-22 October relating to the Al-Ahli
Arab Hospital explosion in Gaza.

 

 

 

How do you propose limiting the type of documents sought? Are you able to
provide insight as to what types of documents were identified as
voluminous in the preliminary search?

 

 

 

Lastly, what do you suggest would be a reasonable request in the
circumstances?

 

 

 

Yours sincerely,

 

 

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

Many thanks for your prompt response.

 

 

 

 

 

 

 

The right of access applies to documents that exist at the time the FOI

 

request was made (paragraph 2.34 of the FOI Guidelines). Your request was

 

made at 11:43pm on 22 October 2023. This means the date range for part 2

 

of your request will be 17 October to 22 October 2023. Should you wish to

 

withdraw this request and make a new FOI request for a larger date range

 

it is open to you to do so.

 

 

 

 

 

 

 

Additionally, in the department’s consultation it was suggested that you

 

limit the number of document types sought to reduce the amount of

 

documents captured. It is unlikely that the practical refusal reason will

 

be resolved without consideration of this point.

 

 

 

 

 

 

 

Exemption of certain persons and bodies

 

 

 

 

 

 

 

Note that, part of your request is for access to intelligence documents

 

(should they exist). We note that section 7(2A) of the FOI Act states:

 

(2A)  An [1]agency is exempt from the operation of this Act in relation to

 

the following [2]documents:

 

 

 

                      (a)  a [3]document (an [4]intelligence agency

 

document ) that has originated with, or has been received from, any of the

 

following:

 

 

 

                               (i)  the Australian Secret Intelligence

 

Service;

 

 

 

                              (ii)  the Australian Security Intelligence

 

Organisation;

 

 

 

                             (iii)  the Inspector-General of Intelligence

 

and Security;

 

 

 

                             (iv)  the Office of National Intelligence;

 

 

 

                              (v)

 

the [5]Australian [6]Geospatial-Intelligence Organisation (other than

 

a [7]document that has originated with, or has been received from, the

 

Australian Hydrographic Office in the performance of its functions

 

under [8]subsection 223(2) of the [9]Navigation Act 2012 );

 

 

 

                             (vi)  the [10]Defence

 

Intelligence [11]Organisation;

 

 

 

                            (vii)  the Australian Signals Directorate

 

 

 

                      (b)  a [12]document that contains a summary of, or
an

 

extract or information from, an [13]intelligence agency document, to the

 

extent that it contains such a summary, extract or information.

 

 

 

If there are any intelligence documents relevant to the scope of your

 

revised request and the above applies, these documents will be exempt from

 

the operation of the FOI Act. Accordingly you may also wish to consider

 

excluding intelligence reports from the revised request.

 

 

 

Please let me know if you would like to further revise the scope of your

 

request, otherwise the revised scope will be taken to be the below with

 

the revised date of 22 October 2023.

 

 

 

 

 

 

 

Note that as the requests have been combined the consultation period will

 

end when all applicant’s have replied, or after 14 days.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

[14]dfat.gov.au | [15]Twitter | [16]Facebook | [17]Instagram  |

 

[18]LinkedIn

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[19]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.

 

 

 

 

 

 

 

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

 

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

 

[8][FOI #10781 email]

 

 

 

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:

 

[9]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/sites/default/fi...
2. http://www.dfat.gov.au/
3. https://twitter.com/DFAT
4. https://www.facebook.com/dfat.gov.au
5. https://www.instagram.com/dfat
6. https://au.linkedin.com/company/departme...
7. https://www.dfat.gov.au/about-us/publica...
8. mailto:[FOI #10781 email]
9. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team,

If I all excluded all emails without attachments would this help? I presume the most important correspondence regarding the hospital explosion would be of document form (such as pdf or word document, or images of meeting notes, etc.)

Yours sincerely,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Dear CR

 

Thank you for your email. We have run further searches for you and confirm
that excluding emails without attachments reduces the number of results
from 37939 to 8112 items and would not resolve the practical refusal
reason.

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

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

 

© Kim Hill, Among Women (2011)

[6]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.

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Thursday, 16 November 2023 10:26 AM
To: FOI <[DFAT request email]>
Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

If I all excluded all emails without attachments would this help? I
presume the most important correspondence regarding the hospital explosion
would be of document form (such as pdf or word document, or images of
meeting notes, etc.)

 

 

 

Yours sincerely,

 

 

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

Thank you for your email.

 

 

 

 

 

 

 

Our cyber team has re-run a department wide search for emails based on

 

your revised search and containing the search terms "Ali-Ahli Arab

 

Hospital" and "Hospital Explosion" and "Hospital Bombing" and "Ali-Ahli"

 

AND "Hospital" for the date range 17 October 2023 to 19 October 2023 and

 

identified 37,939 items.

 

 

 

 

 

 

 

The retention of emails in your revised scope will not resolve the

 

practical refusal reason. You may instead consider limiting your

 

correspondence to a particular [1]Branch or Division within the

 

department. Or if you were to focus on a document type then to diplomatic

 

cables or briefs sent to the Foreign Minister/or her office only.

 

 

 

 

 

 

 

Notwithstanding this your request has been combined with 12 other

 

requests, so it is also dependant on the replies of the rest of the

 

cohort. We are working with each applicant to reasonably reduce the scope

 

of the request.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

[2]dfat.gov.au | [3]Twitter | [4]Facebook | [5]Instagram  | [6]LinkedIn

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[7]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.

 

 

 

 

 

 

 

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

 

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

 

[7][FOI #10781 email]

 

 

 

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:

 

[8]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. http://www.dfat.gov.au/
2. https://twitter.com/DFAT
3. https://www.facebook.com/dfat.gov.au
4. https://www.instagram.com/dfat
5. https://au.linkedin.com/company/departme...
6. https://www.dfat.gov.au/about-us/publica...
7. mailto:[FOI #10781 email]
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team,

Thank you for your further searches and update regarding the number of search results.

Might I suggest excluding duplicate emails as well as early parts of email threads that are fully contained within later emails in the thread? I would expect this approach to substantially reduce the number of emails.

Yours sincerely,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Dear CR

 

This would require manual examination and comparison of each email to
determine what is in and out of scope and would not resolve the practical
refusal reason.

 

As previously advised and as supported by the three searches undertaken by
cyber, the retention of [department wide] emails in your revised scope
will not resolve the practical refusal reason. You may instead consider
limiting your correspondence to a particular officer, Branch or Division
within the department.

 

Or focus on a particular document type, such as diplomatic cables.

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

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

 

© Kim Hill, Among Women (2011)

[6]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.

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Friday, 17 November 2023 11:50 AM
To: FOI <[DFAT request email]>
Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

Thank you for your further searches and update regarding the number of
search results.

 

 

 

Might I suggest excluding duplicate emails as well as early parts of email
threads that are fully contained within later emails in the thread? I
would expect this approach to substantially reduce the number of emails.

 

 

 

Yours sincerely,

 

 

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

Thank you for your email. We have run further searches for you and confirm

 

that excluding emails without attachments reduces the number of results

 

from 37939 to 8112 items and would not resolve the practical refusal

 

reason.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

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

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[6]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.

 

 

 

 

 

 

 

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

 

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

 

[7][FOI #10781 email]

 

 

 

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:

 

[8]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. http://www.dfat.gov.au/
2. https://twitter.com/DFAT
3. https://www.facebook.com/dfat.gov.au
4. https://www.instagram.com/dfat
5. https://au.linkedin.com/company/departme...
6. https://www.dfat.gov.au/about-us/publica...
7. mailto:[FOI #10781 email]
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team,

Could you please provide details on the roles and responsibilities of each branch within the department? I am seeking information pertaining to the investigation of or communications regarding the hospital explosion. Is there a specific branch that handled either the investigation into or dissemination of information about the hospital explosion?

Yours sincerely,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Dear CR

 

Please see the link to DFAT’s latest organisational chart, this may assist
you in identifying relevant business areas: [1]DFAT Organisational
Structure - Nov 2023.

 

Additionally information on DFAT’s Crisis Hub, including DFAT’s response
to the Hamas-Israel conflict can be located here: [2]DFAT Crisis Hub |
Australian Government Department of Foreign Affairs and Trade.

 

We trust this information will help you, and note that the right of access
under the FOI Act provides access to documents, not information.

 

Grateful for your final revised scope once you have had a chance to
consider.

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

[3]dfat.gov.au | [4]Twitter | [5]Facebook | [6]Instagram  | [7]LinkedIn

 

© Kim Hill, Among Women (2011)

[8]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.

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Friday, 17 November 2023 12:53 PM
To: FOI <[DFAT request email]>
Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

Could you please provide details on the roles and responsibilities of each
branch within the department? I am seeking information pertaining to the
investigation of or communications regarding the hospital explosion. Is
there a specific branch that handled either the investigation into or
dissemination of information about the hospital explosion?

 

 

 

Yours sincerely,

 

 

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

This would require manual examination and comparison of each email to

 

determine what is in and out of scope and would not resolve the practical

 

refusal reason.

 

 

 

 

 

 

 

As previously advised and as supported by the three searches undertaken by

 

cyber, the retention of [department wide] emails in your revised scope

 

will not resolve the practical refusal reason. You may instead consider

 

limiting your correspondence to a particular officer, Branch or Division

 

within the department.

 

 

 

 

 

 

 

Or focus on a particular document type, such as diplomatic cables.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

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

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[6]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.

 

 

 

 

 

 

 

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

 

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

 

[9][FOI #10781 email]

 

 

 

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:

 

[10]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/sites/default/fi...
2. https://www.dfat.gov.au/crisis-hub
3. http://www.dfat.gov.au/
4. https://twitter.com/DFAT
5. https://www.facebook.com/dfat.gov.au
6. https://www.instagram.com/dfat
7. https://au.linkedin.com/company/departme...
8. https://www.dfat.gov.au/about-us/publica...
9. mailto:[FOI #10781 email]
10. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team,

Please note that I have split my request into more parts to help identify which parts of my request are voluminous.

I am considering revising the scope of my FOI request as follows:
1. Internal briefings, memorandums, emails, reports or other documents consulted by or provided to Minister Wong from 17-19 October 2023 which formed her determination regarding responsibility for the Al-Ahli Arab Hospital explosion in Gaza.

2. Diplomatic cables dated between 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

3. Meeting notes and minutes produced within DFAT between 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

4. Correspondence exchanged between DFAT and other government agencies dated between 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

5. Internal correspondence and communications within DFAT's International Security, Legal and Consular Group dated between 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

Before formally revising the scope of my request, please advise if processing this draft revised request would still substantially and unreasonably divert departmental resources.

Yours sincerely,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Dear CR

 

As outlined below, the revised searches of emails were undertaken for a
date range 17 October 2023 to 19 October 2023.

 

Part 4 and 5 of your suggested revised request, for example, adds an
additional 3 days to the timeframe. Accordingly it is unlikely this will
resolve the practical refusal reason.

 

Without undertaking further searches, it appears that only part 2 of your
request would be processable. Notwithstanding this your request has been
combined with 12 other requests, so it is also dependant on the replies of
the rest of the cohort. We note we are actively working with each
applicant to reasonably reduce the scope of the request.

 

If you would like to proceed with part 2 of your request, you may wish to
consider withdrawing your current request and putting in a new request for
part 2 only.

 

Otherwise, we will undertake fresh searches once your and all other
revised scopes have been received.

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

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

 

© Kim Hill, Among Women (2011)

[6]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.

 

 

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

From: CR <[7][FOI #10781 email]>

Sent: Friday, 17 November 2023 2:08 PM

To: FOI <[8][DFAT request email]>

Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

Please note that I have split my request into more parts to help identify
which parts of my request are voluminous.

 

 

 

I am considering revising the scope of my FOI request as follows:

 

1. Internal briefings, memorandums, emails, reports or other documents
consulted by or provided to Minister Wong from 17-19 October 2023 which
formed her determination regarding responsibility for the Al-Ahli Arab
Hospital explosion in Gaza.

 

 

 

2. Diplomatic cables dated between 17-22 October relating to the Al-Ahli
Arab Hospital explosion in Gaza.

 

 

 

3. Meeting notes and minutes produced within DFAT between 17-22 October
relating to the Al-Ahli Arab Hospital explosion in Gaza.

 

 

 

4. Correspondence exchanged between DFAT and other government agencies
dated between 17-22 October relating to the Al-Ahli Arab Hospital
explosion in Gaza.

 

 

 

5. Internal correspondence and communications within DFAT's International
Security, Legal and Consular Group dated between 17-22 October relating to
the Al-Ahli Arab Hospital explosion in Gaza.

 

 

 

Before formally revising the scope of my request, please advise if
processing this draft revised request would still substantially and
unreasonably divert departmental resources.

 

 

 

Yours sincerely,

 

 

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

Please see the link to DFAT’s latest organisational chart, this may assist

 

you in identifying relevant business areas: [1]DFAT Organisational

 

Structure - Nov 2023.

 

 

 

 

 

 

 

Additionally information on DFAT’s Crisis Hub, including DFAT’s response

 

to the Hamas-Israel conflict can be located here: [2]DFAT Crisis Hub |

 

Australian Government Department of Foreign Affairs and Trade.

 

 

 

 

 

 

 

We trust this information will help you, and note that the right of access

 

under the FOI Act provides access to documents, not information.

 

 

 

 

 

 

 

Grateful for your final revised scope once you have had a chance to

 

consider.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

[3]dfat.gov.au | [4]Twitter | [5]Facebook | [6]Instagram  | [7]LinkedIn

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[8]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.

 

 

 

 

 

 

 

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

 

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

 

[9][FOI #10781 email]

 

 

 

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:

 

[10]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. http://www.dfat.gov.au/
2. https://twitter.com/DFAT
3. https://www.facebook.com/dfat.gov.au
4. https://www.instagram.com/dfat
5. https://au.linkedin.com/company/departme...
6. https://www.dfat.gov.au/about-us/publica...
7. mailto:[FOI #10781 email]
8. mailto:[DFAT request email]
9. mailto:[FOI #10781 email]
10. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team,

Thank you for assisting me in revising my request. I am satisfied that a practical refusal no longer exists for the below-revised request:

1. Internal briefings, memorandums, emails, reports or other documents consulted by or provided to Minister Wong from 17-19 October 2023 which formed her determination regarding responsibility for the Al-Ahli Arab Hospital explosion in Gaza.

2. Diplomatic cables dated between 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

3. Meeting notes and minutes produced within DFAT between 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

4. Correspondence exchanged between DFAT and other government agencies dated between 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

5. Internal correspondence and communications within DFAT's International Security, Legal and Consular Group dated between 17-22 October relating to the Al-Ahli Arab Hospital explosion in Gaza.

I look forward to a decision on my FOI request by 7th December at the latest.

Yours sincerely,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Dear CR

 

Many thanks for your revised scope.

 

As per the section 24AB letter your request has been combined with 12
other requests. Each applicant has fourteen days from the date of receipt
of the notice (14 November 2023) to:

 

 a. withdraw their request,
 b. revise the scope of their request, or
 c. notify the department that they do not wish to revise the scope of
their request.

 

The processing period will resume once all responses have been received,
or at the conclusion of the consultation period (28 November 2023)
depending which occurs first.  

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

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

 

© Kim Hill, Among Women (2011)

[6]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.

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Friday, 17 November 2023 4:08 PM
To: FOI <[DFAT request email]>
Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

Thank you for assisting me in revising my request. I am satisfied that a
practical refusal no longer exists for the below-revised request:

 

 

 

1. Internal briefings, memorandums, emails, reports or other documents
consulted by or provided to Minister Wong from 17-19 October 2023 which
formed her determination regarding responsibility for the Al-Ahli Arab
Hospital explosion in Gaza.

 

 

 

2. Diplomatic cables dated between 17-22 October relating to the Al-Ahli
Arab Hospital explosion in Gaza.

 

 

 

3. Meeting notes and minutes produced within DFAT between 17-22 October
relating to the Al-Ahli Arab Hospital explosion in Gaza.

 

 

 

4. Correspondence exchanged between DFAT and other government agencies
dated between 17-22 October relating to the Al-Ahli Arab Hospital
explosion in Gaza.

 

 

 

5. Internal correspondence and communications within DFAT's International
Security, Legal and Consular Group dated between 17-22 October relating to
the Al-Ahli Arab Hospital explosion in Gaza.

 

 

 

I look forward to a decision on my FOI request by 7th December at the
latest.

 

 

 

Yours sincerely,

 

 

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

As outlined below, the revised searches of emails were undertaken for a

 

date range 17 October 2023 to 19 October 2023.

 

 

 

 

 

 

 

Part 4 and 5 of your suggested revised request, for example, adds an

 

additional 3 days to the timeframe. Accordingly it is unlikely this will

 

resolve the practical refusal reason.

 

 

 

 

 

 

 

Without undertaking further searches, it appears that only part 2 of your

 

request would be processable. Notwithstanding this your request has been

 

combined with 12 other requests, so it is also dependant on the replies of

 

the rest of the cohort. We note we are actively working with each

 

applicant to reasonably reduce the scope of the request.

 

 

 

 

 

 

 

If you would like to proceed with part 2 of your request, you may wish to

 

consider withdrawing your current request and putting in a new request for

 

part 2 only.

 

 

 

 

 

 

 

Otherwise, we will undertake fresh searches once your and all other

 

revised scopes have been received.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

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

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[6]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.

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

[7][FOI #10781 email]

 

 

 

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:

 

[8]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. http://www.dfat.gov.au/
2. https://twitter.com/DFAT
3. https://www.facebook.com/dfat.gov.au
4. https://www.instagram.com/dfat
5. https://au.linkedin.com/company/departme...
6. https://www.dfat.gov.au/about-us/publica...
7. mailto:[FOI #10781 email]
8. https://www.righttoknow.org.au/help/offi...

hide quoted sections

FOI, Department of Foreign Affairs and Trade

2 Attachments

Dear CR

 

Please find attached correspondence relating to your FOI request. 

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

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

 

© Kim Hill, Among Women (2011)

[6]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.

 

From: FOI <[DFAT request email]>
Sent: Monday, 20 November 2023 9:39 AM
To: CR <[FOI #10781 email]>
Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

Dear CR

 

Many thanks for your revised scope.

 

As per the section 24AB letter your request has been combined with 12
other requests. Each applicant has fourteen days from the date of receipt
of the notice (14 November 2023) to:

 

 a. withdraw their request,
 b. revise the scope of their request, or
 c. notify the department that they do not wish to revise the scope of
their request.

 

The processing period will resume once all responses have been received,
or at the conclusion of the consultation period (28 November 2023)
depending which occurs first.  

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

[7]dfat.gov.au | [8]Twitter | [9]Facebook | [10]Instagram  |
[11]LinkedIn

 

© Kim Hill, Among Women (2011)

[12]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.

 

-----Original Message-----
From: CR <[13][FOI #10781 email]>
Sent: Friday, 17 November 2023 4:08 PM
To: FOI <[14][DFAT request email]>
Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB
Consultation [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

Thank you for assisting me in revising my request. I am satisfied that a
practical refusal no longer exists for the below-revised request:

 

 

 

1. Internal briefings, memorandums, emails, reports or other documents
consulted by or provided to Minister Wong from 17-19 October 2023 which
formed her determination regarding responsibility for the Al-Ahli Arab
Hospital explosion in Gaza.

 

 

 

2. Diplomatic cables dated between 17-22 October relating to the Al-Ahli
Arab Hospital explosion in Gaza.

 

 

 

3. Meeting notes and minutes produced within DFAT between 17-22 October
relating to the Al-Ahli Arab Hospital explosion in Gaza.

 

 

 

4. Correspondence exchanged between DFAT and other government agencies
dated between 17-22 October relating to the Al-Ahli Arab Hospital
explosion in Gaza.

 

 

 

5. Internal correspondence and communications within DFAT's International
Security, Legal and Consular Group dated between 17-22 October relating to
the Al-Ahli Arab Hospital explosion in Gaza.

 

 

 

I look forward to a decision on my FOI request by 7th December at the
latest.

 

 

 

Yours sincerely,

 

 

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

As outlined below, the revised searches of emails were undertaken for a

 

date range 17 October 2023 to 19 October 2023.

 

 

 

 

 

 

 

Part 4 and 5 of your suggested revised request, for example, adds an

 

additional 3 days to the timeframe. Accordingly it is unlikely this will

 

resolve the practical refusal reason.

 

 

 

 

 

 

 

Without undertaking further searches, it appears that only part 2 of your

 

request would be processable. Notwithstanding this your request has been

 

combined with 12 other requests, so it is also dependant on the replies of

 

the rest of the cohort. We note we are actively working with each

 

applicant to reasonably reduce the scope of the request.

 

 

 

 

 

 

 

If you would like to proceed with part 2 of your request, you may wish to

 

consider withdrawing your current request and putting in a new request for

 

part 2 only.

 

 

 

 

 

 

 

Otherwise, we will undertake fresh searches once your and all other

 

revised scopes have been received.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

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

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[6]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.

 

 

 

 

 

 

 

 

 

 

 

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

 

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

 

[15][FOI #10781 email]

 

 

 

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. http://www.dfat.gov.au/
2. https://twitter.com/DFAT
3. https://www.facebook.com/dfat.gov.au
4. https://www.instagram.com/dfat
5. https://au.linkedin.com/company/departme...
6. https://www.dfat.gov.au/about-us/publica...
7. http://www.dfat.gov.au/
8. https://twitter.com/DFAT
9. https://www.facebook.com/dfat.gov.au
10. https://www.instagram.com/dfat
11. https://au.linkedin.com/company/departme...
12. https://www.dfat.gov.au/about-us/publica...
13. mailto:[FOI #10781 email]
14. mailto:[DFAT request email]
15. mailto:[FOI #10781 email]
16. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team,

I am writing to request an extension of the timeframe to seek an internal review of your decision. Pursuing an internal review would be preferable to initiating external review by the Information Commissioner.

Please advise by COB 22 January whether my request for an extension of the internal review period will be granted.

Thank you for your consideration.

Kind regards,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Dear CR

 

The department agrees to an extension of time to seek an internal review
of the department's decision dated 30 November 2023, until Monday 15
January 2024.

 

Please let us know if you would like to initiate an internal review by the
above date, and where possible reasons why you believe a review of the
decision is necessary.

 

Kind regards

 

DFAT FOI Team

_______________________________
Freedom of Information Section

Public Interest Law Branch | Regulatory and Legal Policy Division

Department of Foreign Affairs and Trade

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

 

© Kim Hill, Among Women (2011)

[6]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.

 

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

From: CR <[7][FOI #10781 email]>

Sent: Sunday, 7 January 2024 7:16 AM

To: FOI <[8][DFAT request email]>

Subject: [EXTERNAL] Re: LEX 9321 - Your DFAT FOI Request - s24(1)(b)
Letter [SEC=UNOFFICIAL]

 

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

 

Dear DFAT FOI Team,

 

 

 

I am writing to request an extension of the timeframe to seek an internal
review of your decision. Pursuing an internal review would be preferable
to initiating external review by the Information Commissioner.

 

 

 

Please advise by COB 22 January whether my request for an extension of the
internal review period will be granted.

 

 

 

Thank you for your consideration.

 

 

 

Kind regards,

 

 

 

CR

 

 

 

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

 

 

 

Dear CR

 

 

 

 

 

 

 

Please find attached correspondence relating to your FOI request.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

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

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[6]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.

 

 

 

 

 

 

 

From: FOI <[DFAT request email]>

 

Sent: Monday, 20 November 2023 9:39 AM

 

To: CR <[FOI #10781 email]>

 

Subject: RE: [EXTERNAL] LEX 9321 - Your DFAT FOI Request - s24AB

 

Consultation [SEC=UNOFFICIAL]

 

 

 

 

 

 

 

Dear CR

 

 

 

 

 

 

 

Many thanks for your revised scope.

 

 

 

 

 

 

 

As per the section 24AB letter your request has been combined with 12

 

other requests. Each applicant has fourteen days from the date of receipt

 

of the notice (14 November 2023) to:

 

 

 

 

 

 

 

  a. withdraw their request,

 

  b. revise the scope of their request, or

 

  c. notify the department that they do not wish to revise the scope of

 

their request.

 

 

 

 

 

 

 

The processing period will resume once all responses have been received,

 

or at the conclusion of the consultation period (28 November 2023)

 

depending which occurs first.

 

 

 

 

 

 

 

Kind regards

 

 

 

 

 

 

 

DFAT FOI Team

 

 

 

_______________________________

 

Freedom of Information Section

 

 

 

Public Interest Law Branch | Regulatory and Legal Policy Division

 

 

 

Department of Foreign Affairs and Trade

 

 

 

[7]dfat.gov.au | [8]Twitter | [9]Facebook | [10]Instagram  |

 

[11]LinkedIn

 

 

 

 

 

 

 

© Kim Hill, Among Women (2011)

 

 

 

[12]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.

 

 

 

 

 

 

 

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

 

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

 

[9][FOI #10781 email]

 

 

 

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:

 

[10]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. http://www.dfat.gov.au/
2. https://twitter.com/DFAT
3. https://www.facebook.com/dfat.gov.au
4. https://www.instagram.com/dfat
5. https://au.linkedin.com/company/departme...
6. https://www.dfat.gov.au/about-us/publica...
7. mailto:[FOI #10781 email]
8. mailto:[DFAT request email]
9. mailto:[FOI #10781 email]
10. https://www.righttoknow.org.au/help/offi...

hide quoted sections

Dear DFAT FOI Team,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of the Department of Foreign Affairs and Trade's decision relating to my Freedom of Information request 'Gaza hospital explosion' (LEX 9321).

I am seeking review on the following grounds:

1. The estimated volume of emails (37,939) identified by the department came from a search across the entire department, rather than limiting the search to the specific branch/area requested (International Security, Legal and Consular Group). This resulted in an overbroad collection of documents that does not accurately reflect the scope of the request. A more targeted search and sampling of documents from the relevant area, as suggested by the Guidelines, would provide a more accurate estimate of the work required.

2. The estimates of time required do not appear to account for likely exclusions of duplicate emails, or parts of email threads contained in later emails, which could substantially reduce the volume.

3. The department did not provide adequate information or analysis to indicate how processing this request would unreasonably divert resources in a way that impacts the core functions of the agency, as required by the guidelines. Processing of a request is only considered an unreasonable diversion of resources if it can be shown to substantially impact the core functions of the agency. Large agencies with dedicated FOI resources may not find even complex requests to be unreasonable in these terms.

4. The public interest in disclosure is a factor that must be considered under section 24AA, not just resource impact.

5. I cooperated extensively to refine and limit the scope of the request, which weighs against finding it to be an unreasonable diversion.

6. The department failed to provide estimated timelines, explain technical difficulties, or suggest a reasonable request as outlined in the FOI Guidelines to assist with the consultation process.

7. The department's failure to adhere to the requirements of section 24AB may constitute a procedural defect and invalidate the practical refusal decision.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/g...

I look forward to your consideration of this request for internal review.

Yours faithfully,

CR

FOI, Department of Foreign Affairs and Trade

1 Attachment

Internal Review Reference: LEX 9873

Original Decision Reference: LEX 9321

 

Dear CR

 

Thank you for your request seeking internal review of the department’s
original decision under the Freedom of Information Act 1982 in LEX 9321.

 

A new decision-maker will be appointed to review the FOI decision made on
30 November 2023.

 

The department received the request for internal review 8 January 2024 and
the 30-day statutory period for processing your request commenced from the
day after that date. You should therefore expect a decision from us by 7
February 2024.  

 

As this is a request for internal review of a FOI decision, the department
will arrange any necessary extension with the Office of the Australian
Information Commissioner (OAIC). The OAIC will provide you with an
opportunity to comment before granting the department an extension.

 

Should you require any further information, please do not hesitate to
contact us by return email at [1][DFAT request email].

 

Kind regards

 

DFAT FOI Team

_______________________________
FOI Section

Public Interest Law Branch | Regulatory and Legal Policy Division

 

Department of Foreign Affairs and Trade

[2]dfat.gov.au | [3]Twitter | [4]Facebook | [5]Instagram  | [6]LinkedIn

© Kim Hill, Among Women (2011)

[7]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.

 

 

-----Original Message-----
From: CR <[FOI #10781 email]>
Sent: Monday, 8 January 2024 1:26 PM
To: FOI <[DFAT request email]>
Subject: [EXTERNAL] Internal review of Freedom of Information request -
Gaza hospital explosion

 

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

 

Dear DFAT FOI Team,

 

Please pass this on to the person who conducts Freedom of Information
reviews.

 

I am writing to request an internal review of the Department of Foreign
Affairs and Trade's decision relating to my Freedom of Information request
'Gaza hospital explosion' (LEX 9321).

 

I am seeking review on the following grounds:

 

1. The estimated volume of emails (37,939) identified by the department
came from a search across the entire department, rather than limiting the
search to the specific branch/area requested (International Security,
Legal and Consular Group). This resulted in an overbroad collection of
documents that does not accurately reflect the scope of the request. A
more targeted search and sampling of documents from the relevant area, as
suggested by the Guidelines, would provide a more accurate estimate of the
work required.

 

2. The estimates of time required do not appear to account for likely
exclusions of duplicate emails, or parts of email threads contained in
later emails, which could substantially reduce the volume.

 

3. The department did not provide adequate information or analysis to
indicate how processing this request would unreasonably divert resources
in a way that impacts the core functions of the agency, as required by the
guidelines. Processing of a request is only considered an unreasonable
diversion of resources if it can be shown to substantially impact the core
functions of the agency. Large agencies with dedicated FOI resources may
not find even complex requests to be unreasonable in these terms.

 

4. The public interest in disclosure is a factor that must be considered
under section 24AA, not just resource impact.

 

5. I cooperated extensively to refine and limit the scope of the request,
which weighs against finding it to be an unreasonable diversion.

 

6. The department failed to provide estimated timelines, explain technical
difficulties, or suggest a reasonable request as outlined in the FOI
Guidelines to assist with the consultation process.

 

7. The department's failure to adhere to the requirements of section 24AB
may constitute a procedural defect and invalidate the practical refusal
decision.

 

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[8]https://aus01.safelinks.protection.outlo...

 

I look forward to your consideration of this request for internal review.

 

Yours faithfully,

 

CR

 

 

 

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

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

[9][FOI #10781 email]

 

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:

[10]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. mailto:[DFAT request email]
2. http://www.dfat.gov.au/
3. https://twitter.com/DFAT
4. https://www.facebook.com/dfat.gov.au
5. https://www.instagram.com/dfat
6. https://au.linkedin.com/company/departme...
7. https://www.dfat.gov.au/about-us/publica...
8. https://www.righttoknow.org.au/request/g...
9. mailto:[FOI #10781 email]
10. https://www.righttoknow.org.au/help/offi...

hide quoted sections

FOI, Department of Foreign Affairs and Trade

2 Attachments

OFFICIAL

 

Internal Review Reference: LEX 9873

Original Decision Reference: LEX 9321

 

Dear CR

 

Please find attached a letter advising the outcome of your request for
internal review.

 

Kind regards

 

DFAT FOI Team

_______________________________
FOI Section

Public Interest Law Branch | Regulatory and Legal Policy Division

 

Department of Foreign Affairs and Trade

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

© Kim Hill, Among Women (2011)

[6]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.

 

 

From: FOI <[DFAT request email]>
Sent: Monday, January 8, 2024 4:22 PM
To: CR <[FOI #10781 email]>
Subject: LEX 9873 - Your Request for Internal Review - Acknowledgement
[SEC=UNOFFICIAL]

 

Internal Review Reference: LEX 9873

Original Decision Reference: LEX 9321

 

Dear CR

 

Thank you for your request seeking internal review of the department’s
original decision under the Freedom of Information Act 1982 in LEX 9321.

 

A new decision-maker will be appointed to review the FOI decision made on
30 November 2023.

 

The department received the request for internal review 8 January 2024 and
the 30-day statutory period for processing your request commenced from the
day after that date. You should therefore expect a decision from us by 7
February 2024.  

 

As this is a request for internal review of a FOI decision, the department
will arrange any necessary extension with the Office of the Australian
Information Commissioner (OAIC). The OAIC will provide you with an
opportunity to comment before granting the department an extension.

 

Should you require any further information, please do not hesitate to
contact us by return email at [7][DFAT request email].

 

Kind regards

 

DFAT FOI Team

_______________________________
FOI Section

Public Interest Law Branch | Regulatory and Legal Policy Division

 

Department of Foreign Affairs and Trade

[8]dfat.gov.au | [9]Twitter | [10]Facebook | [11]Instagram  |
[12]LinkedIn

© Kim Hill, Among Women (2011)

[13]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.

 

 

-----Original Message-----
From: CR <[14][FOI #10781 email]>
Sent: Monday, 8 January 2024 1:26 PM
To: FOI <[15][DFAT request email]>
Subject: [EXTERNAL] Internal review of Freedom of Information request -
Gaza hospital explosion

 

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

 

Dear DFAT FOI Team,

 

Please pass this on to the person who conducts Freedom of Information
reviews.

 

I am writing to request an internal review of the Department of Foreign
Affairs and Trade's decision relating to my Freedom of Information request
'Gaza hospital explosion' (LEX 9321).

 

I am seeking review on the following grounds:

 

1. The estimated volume of emails (37,939) identified by the department
came from a search across the entire department, rather than limiting the
search to the specific branch/area requested (International Security,
Legal and Consular Group). This resulted in an overbroad collection of
documents that does not accurately reflect the scope of the request. A
more targeted search and sampling of documents from the relevant area, as
suggested by the Guidelines, would provide a more accurate estimate of the
work required.

 

2. The estimates of time required do not appear to account for likely
exclusions of duplicate emails, or parts of email threads contained in
later emails, which could substantially reduce the volume.

 

3. The department did not provide adequate information or analysis to
indicate how processing this request would unreasonably divert resources
in a way that impacts the core functions of the agency, as required by the
guidelines. Processing of a request is only considered an unreasonable
diversion of resources if it can be shown to substantially impact the core
functions of the agency. Large agencies with dedicated FOI resources may
not find even complex requests to be unreasonable in these terms.

 

4. The public interest in disclosure is a factor that must be considered
under section 24AA, not just resource impact.

 

5. I cooperated extensively to refine and limit the scope of the request,
which weighs against finding it to be an unreasonable diversion.

 

6. The department failed to provide estimated timelines, explain technical
difficulties, or suggest a reasonable request as outlined in the FOI
Guidelines to assist with the consultation process.

 

7. The department's failure to adhere to the requirements of section 24AB
may constitute a procedural defect and invalidate the practical refusal
decision.

 

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[16]https://aus01.safelinks.protection.outlo...

 

I look forward to your consideration of this request for internal review.

 

Yours faithfully,

 

CR

 

 

 

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

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

[17][FOI #10781 email]

 

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