Treaty and MOU with Netherlands on MH17

Tyler made this Freedom of Information request to Department of Foreign Affairs and Trade

1 follower

The request was successful.

Dear Department of Foreign Affairs and Trade,

Is it possible to provide the following:

- full powers for Australia's representative to sign the Treaty between Australia and the Kingdom of the Netherlands on the Presence of Australian Personnel in the Netherlands for the Purpose of Responding to the Downing of Malaysia Airlines Flight MH17 (signed on 1 August 2014),

- Memorandum of Understanding between the Australian Federal Police and the National Police of the Netherlands on Combating Transnational Crime and Developing Police Cooperation (came into effect on 2 June 2014, as mentioned in the above Treaty).

Thank you

Yours faithfully,
Tyler

image001.jpg

28K Download

OFFICIAL

FOI Request: LEX 11663

Dear Mr/Ms [last name]

Thank you for your email received by the Department of Foreign Affairs and
Trade (the department) on 18 October 2024 seeking access to information
under the Freedom of Information Act 1982 (FOI Act).

This email sets out some information about your request.

Scope of request:

You have sought access to:

Is it possible to provide the following:

- full powers for Australia's representative to sign the Treaty between
Australia and the Kingdom of the Netherlands on the Presence of Australian
Personnel in the Netherlands for the Purpose of Responding to the Downing
of Malaysia Airlines Flight MH17 (signed on 1 August 2014),

- Memorandum of Understanding between the Australian Federal Police and
the National Police of the Netherlands on Combating Transnational Crime
and Developing Police Cooperation (came into effect on 2 June 2014, as
mentioned in the above Treaty).

Your request is not valid

Having reviewed your email, we do not consider that the first part of your
request currently meets the requirements of a valid FOI request under the
FOI Act. This is because the right of access under the FOI Act provides
for access to documents, not information. Your enquiry does not identify
the documents you are seeking. Rather than requesting access to documents
held by the department, you have requested information. As such, the
purpose of this email is to assist you in making a valid FOI request.

Additionally, while the second part of your request is technically a valid
request, it is better directed at the Australian Federal Police (AFP) than
the department. We request that you withdraw this aspect of the request
and make it to AFP via the link here: [1]Freedom of Information access
requests - AFP

How to make a valid request

To be considered valid, your request must provide such information
concerning the documents you are requesting, as is reasonably necessary to
enable a reasonable officer of the department to identify the documents
requested.

In drafting the scope of your request, you may wish to consider specifying
the type of documents you are seeking, for example documents which set out
the powers for Australia's representative to sign the Treaty between
Australia and the Kingdom of the Netherlands on the Presence of Australian
Personnel in the Netherlands for the Purpose of Responding to the Downing
of Malaysia Airlines Flight MH17 (signed on 1 August 2014).

If you would like to make a valid FOI request, you can reply by return
email to [2][DFAT request email].

Further information about how to lodge a valid request under the FOI Act
can be found at
[3]www.dfat.gov.au/about-us/corporate/freedom-of-information.

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

[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: Tyler <[FOI #12183 email]>
Sent: Friday, October 18, 2024 9:40 AM
To: FOI FOI <[DFAT request email]>
Subject: [EXTERNAL] Freedom of Information request - Treaty and MOU with
Netherlands on MH17

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

Dear Department of Foreign Affairs and Trade,

Is it possible to provide the following:

- full powers for Australia's representative to sign the Treaty between
Australia and the Kingdom of the Netherlands on the Presence of Australian
Personnel in the Netherlands for the Purpose of Responding to the Downing
of Malaysia Airlines Flight MH17 (signed on 1 August 2014),

- Memorandum of Understanding between the Australian Federal Police and
the National Police of the Netherlands on Combating Transnational Crime
and Developing Police Cooperation (came into effect on 2 June 2014, as
mentioned in the above Treaty).

Thank you

Yours faithfully,

Tyler

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

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

[10][FOI #12183 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.

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

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Dear FOI,

Thank you for your message.

I am happy to confine my request to the first part.

"Full powers" is a document that a head of state, a head of government, or the foreign minister, authorises someone else to conclude a treaty on the state's behalf. This is the subject of the request.

So the request is as follows.

Is it possible to provide the following:

Can you confirm very kind that you received this message, and if there is anything needed further to make this request valid?

Thank you

Yours faithfully,
Tyler

Dear FOI,

And for your further information, the document "full powers" may or may not contain the heading "full powers", because this depends on the practice of the Australian government. What "full powers" refers to is a document that a head of state, a head of government, or the foreign minister, authorises someone else to conclude a treaty on the state's behalf. I understand that relevant officers in DFAT would know this well.

So my request in full is as below;

"Is it possible to provide the following:

Can you confirm very kind that you received this message, and if there is anything needed further to make this request valid?

Thank you

Yours faithfully,
Tyler

OFFICIAL

FOI Request: LEX 11663

Dear Tyler

Thank you for your email dated 18 October 2024 seeking access to documents
under the Freedom of Information Act 1982 (FOI Act).

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:

- full powers for Australia's representative to sign the Treaty between
Australia and the Kingdom of the Netherlands on the Presence of Australian
Personnel in the Netherlands for the Purpose of Responding to the Downing
of Malaysia Airlines Flight MH17 (signed on 1 August 2014)?"

...

What "full powers" refers to is a document that a head of state, a head of
government, or the foreign minister, authorises someone else to conclude a
treaty on the state's behalf.

If it emerges that the scope of your request is unclear or is too large
for processing, the department will contact you to discuss re-scoping the
request.

Timeframe for receiving our decision:

We received your request on 18 October 2024, and the 30-day statutory
period for processing your request commenced from the day after that date.
A decision is currently due to you by 18 October 2024. The period of 30
days may be extended in certain circumstances.

Charges:

Please note that the department may issue charges for processing FOI
requests. If applicable, 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.

Exclusion of officials’ names and contact details:

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

Duplicate documents and incomplete email chains:

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

If you require the excluded information or documents, please let us know
at [1][DFAT request email] so the decision-maker may consider; otherwise, we
will take it that you agree to the information and documents being
excluded from the scope of your request.

Personal Information:

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

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

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

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: Tyler <[FOI #12183 email]>
Sent: Friday, October 18, 2024 5:35 PM
To: FOI FOI <[DFAT request email]>
Subject: [EXTERNAL] Re: Your FOI Request – Invalid (LEX 11663)
[SEC=OFFICIAL]

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

Dear FOI,

And for your further information, the document "full powers" may or may
not contain the heading "full powers", because this depends on the
practice of the Australian government. What "full powers" refers to is a
document that a head of state, a head of government, or the foreign
minister, authorises someone else to conclude a treaty on the state's
behalf. I understand that relevant officers in DFAT would know this well.

So my request in full is as below;

"Is it possible to provide the following:

- full powers for Australia's representative to sign the Treaty between
Australia and the Kingdom of the Netherlands on the Presence of Australian
Personnel in the Netherlands for the Purpose of Responding to the Downing
of Malaysia Airlines Flight MH17 (signed on 1 August 2014)?"

Can you confirm very kind that you received this message, and if there is
anything needed further to make this request valid?

Thank you

Yours faithfully,

Tyler

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

OFFICIAL

FOI Request: LEX 11663

Dear Mr/Ms [last name]

Thank you for your email received by the Department of Foreign Affairs and

Trade (the department) on 18 October 2024 seeking access to information

under the Freedom of Information Act 1982 (FOI Act).

This email sets out some information about your request.

Scope of request:

You have sought access to:

Is it possible to provide the following:

- full powers for Australia's representative to sign the Treaty between

Australia and the Kingdom of the Netherlands on the Presence of Australian

Personnel in the Netherlands for the Purpose of Responding to the Downing

of Malaysia Airlines Flight MH17 (signed on 1 August 2014),

- Memorandum of Understanding between the Australian Federal Police and

the National Police of the Netherlands on Combating Transnational Crime

and Developing Police Cooperation (came into effect on 2 June 2014, as

mentioned in the above Treaty).

Your request is not valid

Having reviewed your email, we do not consider that the first part of your

request currently meets the requirements of a valid FOI request under the

FOI Act. This is because the right of access under the FOI Act provides

for access to documents, not information. Your enquiry does not identify

the documents you are seeking. Rather than requesting access to documents

held by the department, you have requested information. As such, the

purpose of this email is to assist you in making a valid FOI request.

Additionally, while the second part of your request is technically a valid

request, it is better directed at the Australian Federal Police (AFP) than

the department. We request that you withdraw this aspect of the request

and make it to AFP via the link here: [1]Freedom of Information access

requests - AFP

How to make a valid request

To be considered valid, your request must provide such information

concerning the documents you are requesting, as is reasonably necessary to

enable a reasonable officer of the department to identify the documents

requested.

In drafting the scope of your request, you may wish to consider specifying

the type of documents you are seeking, for example documents which set out

the powers for Australia's representative to sign the Treaty between

Australia and the Kingdom of the Netherlands on the Presence of Australian

Personnel in the Netherlands for the Purpose of Responding to the Downing

of Malaysia Airlines Flight MH17 (signed on 1 August 2014).

If you would like to make a valid FOI request, you can reply by return

email to [2][DFAT request email].

Further information about how to lodge a valid request under the FOI Act

can be found at

[3][2]www.dfat.gov.au/about-us/corporate/freedom-of-information.

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

[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:

[3][FOI #12183 email]

[4]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/about-us/corporat...
3. mailto:[FOI #12183 email]
4. https://www.righttoknow.org.au/help/offi...

hide quoted sections

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LEX 11663 Decision letter.pdf

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LEX 11663 Documents for release.pdf

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OFFICIAL

Dear Tyler

Please see the attached correspondence relating to your request, as well
as the document which has been released to you.

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

[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 FOI
Sent: Tuesday, October 22, 2024 10:48 AM
To: Tyler <[FOI #12183 email]>
Subject: Your FOI Request - Acknowledgement (LEX 11663) [SEC=OFFICIAL]

OFFICIAL

FOI Request: LEX 11663

Dear Tyler

Thank you for your email dated 18 October 2024 seeking access to documents
under the Freedom of Information Act 1982 (FOI Act).

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:

- full powers for Australia's representative to sign the Treaty between
Australia and the Kingdom of the Netherlands on the Presence of Australian
Personnel in the Netherlands for the Purpose of Responding to the Downing
of Malaysia Airlines Flight MH17 (signed on 1 August 2014)?"

...

What "full powers" refers to is a document that a head of state, a head of
government, or the foreign minister, authorises someone else to conclude a
treaty on the state's behalf.

If it emerges that the scope of your request is unclear or is too large
for processing, the department will contact you to discuss re-scoping the
request.

Timeframe for receiving our decision:

Charges:

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.

Exclusion of officials’ names and contact details:

Duplicate documents and incomplete email chains:

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

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

Personal Information:

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

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

-----Original Message-----
From: Tyler <[8][FOI #12183 email]>
Sent: Friday, October 18, 2024 5:35 PM
To: FOI FOI <[9][DFAT request email]>
Subject: [EXTERNAL] Re: Your FOI Request – Invalid (LEX 11663)
[SEC=OFFICIAL]