Customer Service
Telephone: 1300 352 000 – family law matters
Federal Circuit and Family Court of Australia
1300 720 980 – general federal law matters
GPO Box 9991 in your capital city
Email:
xxxxxxxx.xxxxxxx@xxxxxx.xxx.xx
25 November 2025
Bob
By emai
l: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Bob,
Your request dated 11 November 2025 – Freedom of Information request - Documents
related to Court Access and Justice
I refer to your email dated 11 November 2025 sent to the Federal Circuit Court of Australia
requesting documents under the
Freedom of Information Act 1982 (Cth) (the FOI Act). I have
interpreted your request as a request directed to the Federal Circuit and Family Court of
Australia (Division 2) (the Court) under the FOI Act as the Court is a continuation of the
Federal Circuit Court of Australia following the commencement of the
Federal Circuit and
Family Court of Australia Act 2021 (Cth) (subsection 8(2)).
Authorised Decision Maker
I am authorised to under section 23 of the FOI Act to make decisions on behalf of the Court in
relation to your request.
Scope of Request In your correspondence dated 11 November 2025, you requested the following:
FOI Documents Sought from the Court:
a. documents that show the process/access and staff title(s) that support and assist a
man and a woman with Lawful Actions, under the common law: the law of the land and
justice at the Court, and
b. documents that show the Court has the jurisdiction to deny a man and a woman
justice and right,
c. documents that show the type and frequency of training provided to the Court Staff
and Judicial Staff to ensure: We will sell to no man [or woman], and we will not deny
or defer to any man [or woman] either justice or right.
Decision
I have decided that a valid request, pursuant to the FOI Act, has not been made. I am satisfied
that your request concerns documents that are not documents related to matters of an
administrative nature within the meaning of subsection 5(1) of the FOI Act and the decision in
Kline v Official Secretary of the Governor General (2013) 249 CLR 645 (
Kline).
In the alternative, pursuant to section 12 of the FOI Act, the FOI Act does not apply to
documents if the document is already publicly available as part of a public register. As such,
the documents requested may not be accessed under the FOI Act. Otherwise, pursuant to
section 24A, the request is refused as I am satisfied that all reasonable steps have been taken
to find the documents that you have requested but the documents cannot be found or do not
exist.
In making my decision I have had regard to:
a. the terms of your request;
b. the results of the searches referred to below;
c. the relevant provisions of the FOI Act and case law considering those provisions; and
d. the FOI Guidelines issued by the Office of the Australian Information Commissioner
under section 93A of the FOI Act (FOI Guidelines).
Searches
Searches were undertaken by senior staff with knowledge of Court systems and processes to
identify any administrative documents falling within the scope of your request. No
administrative documents were located within the scope of your request as a result of these
searches. I am satisfied that all reasonable steps have been taken to locate any and all
administrative documents within the scope of your request.
Reasons for decision
Section 5
The FOI Act has a restricted application to the Court (paragraphs 2.8 – 2.10 of the FOI
Guidelines). The Court is a ‘prescribed authority’ for the purpose of the FOI Act, but the Act
does not apply to judicial officers (subsection 5(1) of the FOI Act and para 2.8 of the
Guidelines). The judiciary are intentionally omitted from the application of the Act irrespective
of whether or not the particular judicial officer is exercising judicial or administrative functions
in performing his or her duties.
Under subsection 5(1) of the FOI Act, the Act only applies to documents of the Court that relate
to matters of an administrative nature. The phrase ‘matters of an administrative nature’ was
clarified by the High Court in
Kline at [47]. In the joint judgment given by the then Chief
Justice and Justices Crennan, Kiefel (as she then was) and Bell, the phrase ‘matters of an
administrative nature’ was described as documents which concern the management and
administration of office resources
, such as financial and human resources
and information
technology (see paragraph [41] with examples at paragraph [13], emphasis added), and not to
documents relating to the exercise of powers and functions of adjudication or tasks that are
associated with this (see paragraph [45]).
Therefore, insofar as you seek documents relating to the exercise of powers, jurisdiction and
causes of action, these are not documents of an administrative nature as they relate to the
judicial functions of the Federal Circuit and Family Court of Australia.
Sections 12 and 24A
The documents sought in your request seek information that show:
• the process and staff title(s) that support and assist parties with lawful actions under the
common law;
• that the court has jurisdiction to deal with those rights; and
• documents outlining the type and frequency of training provided to Court staff and
judicial staff to “
to ensure: We will sell to no man [or woman], and we will not deny or
defer to any man [or woman] either justice or right”.
The Federal Circuit and Family Court of Australia (Division 2) has jurisdiction as conferred
by legislation. Therefore, to the extent you seek documents relating to actions under the
common law, such documents do not exist (section 24A).
The applicable law conferring jurisdiction of the Court, can be accessed on Federal Register of
Legislation. To the extent that you are requesting access to legislative instruments, a Federal
Register of Legislation is here:
https://www.legislation.gov.au/. Further, it is noted that
paragraph 2.47 of the FOI Guidelines provides that the right of access under the FOI Act
extends only to existing documents held by the Court, rather than information more generally.
Charges
You have not been charged for the processing of this request.
Your Review Rights
If you are dissatisfied with my decision you may apply for internal review or to the Information
Commissioner for review of the decision. You are encouraged to seek internal review as a first
step.
1. Internal Review
Under section 54 of the FOI Act, you may apply in writing for an internal review of my
decision. The internal review application must be made within 30 days of the date of this letter
where possible. Attach reasons why you consider a review is necessary. Any internal review
will be carried out by another officer within 30 days of receipt of any request for review.
Application for a review of the decision should addressed to:
The FOI Officer
Federal Circuit and Family Court of Australia
GPO Box 9991
CANBERRA ACT 2601
By emai
l: xxxxxxxx.xxxxxxx@xxxxxx.xxx.xx
2.
Information Commissioner Review
Under section 54L of the FOI Act you may apply to the Australian Information Commissioner
to review the decision. An application under this section must be made in writing within 60
days of the date of this letter in one of the following ways:
• Online:
o
Information Commissioner review application form
o
FOI complaint form.
• Post (Australian Information Commissioner, GPO Box 2999, Canberra ACT 2601)
Yours sincerely
L. Hawksford
Freedom of Information Officer
