OFFICIAL
Freedom of Information (FOI) request
Notice of Decision
Reference: FOI/2024/260
To Jillian
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Jillian
I refer to your requests of 7 August 2024 to the Department of the Prime Minister and Cabinet
(the Department), for access to documents under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
Scope of request
You have requested access to:
A previous FOI to the Attorney-Generals office produced a "PROCLAMATION" signed by
"Anthony Albanese" (aka Anthony Norman Albanese) and "David Hurley" (aka General David
John Hurley).
"...do now proclaim Prince Charles Philip Arthur George to be King Charles the Third, by the
Grace of God King of Australia and his other Realms and Territories, Head of the
Commonwealth, and, with hearty and humble affection, we promise him faith and obedience:"
Under FREEDOM OF INFORMATION ACT 1982, in particular SECT 3, (2)(b)
1. I request the instrument for the establishment of the proclaimed King of Australia for which
the title relies on,
2. In the occasion that the instrument for the proclaimed King of Australia exists, I request the
head of power that the title relies on,
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
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3. I request the information that demonstrates the proclaimed King of Australia conforms to the
meaning of, "in the sovereignty of the United Kingdom", expressed in the second clause
prefacing the Commonwealth of Australia Constitution proper.
Authorised decision-maker
I am authorised to make this decision in accordance with arrangements approved by the
Department’s Secretary under section 23 of the FOI Act.
Material taken into account
In reaching my decision I referred to the following:
• the terms of your request
• the FOI Act
• the Guidelines issued by the Information Commissioner under section 93A of the FOI Act
(the Guidelines)
Documents in scope of request
The Department has identified three documents which are responsive to your request.
Decision
The Department has identified three documents that falls within the scope of your request.
Documents within scope
The documents which fall within the scope of your request are as follows:
• Document 1 – the signed Proclamation by His Excellency, General the Honourable David John
Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, and the
Honourable Anthony Albanese, the Prime Minister of Australia, of King Charles the Third, the
King of Australia. Document 1 is publically available on our website1.
• Document 2 – The Constitution of Australia, which is publically available on the Parliament of
Australia’s website2.
• Document 3 – Australian Symbols Booklet (specifically page 21 and 22 – the Great Seal) which is
publically available on our website3.
1 Proclamation of King Charles the Third and continued use of The Great Seal of Australia | PM&C (pmc.gov.au)
2 Australia's Constitution (aph.gov.au)
3 Australian Symbols booklet | PM&C (pmc.gov.au)
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PM&C | Freedom of Information (FOI) request
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Review rights
If you disagree with my decision, you may apply for Information Commissioner review of the decision.
Information Commissioner review
Under section 54L of the FOI Act, you may apply to the Australian Information Commissioner to
review my decision. An application for review by the Information Commissioner must be made in
writing within 60 days after the date of this letter.
More information about Information Commissioner review is available here.4
FOI Complaints
If you are unhappy with the way we have handled your FOI request, please let us know what we could
have done better. If you are not satisfied with our response, you can make a complaint to the
Australian Information Commissioner. A complaint to the Information Commissioner must be made in
writing. More information about complaints is available here.5
If you wish to discuss any aspect of your requests, you can contact the FOI Section by email at
xxx@xxx.xxx.xx.
Yours sincerely
Ashleigh McDonald
Assistant Secretary
Legal Policy Branch
Department of the Prime Minister and Cabinet
18 September 2024
4 https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-reviews/information-commissioner-review
5 https://www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-complaints/make-an-foi-complaint
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PM&C | Freedom of Information (FOI) request
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