File Reference Number
:2022/402
I am Shaun
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Shaun
DECISION ON YOUR FREEDOM OF INFORMATION REQUEST
I refer to your Freedom of Information request dated 25 November 2021, which was received by the
ACT Courts and Tribunal on 13 January 2022 and is being treated as application made under the
Freedom of Information Act 2016 (FOI Act).
This application requests:
i [sic]require the internal directive, procedure, training documents (or other documents) that
relate to the following:
1. There is no public document or evidence that a man or woman that wishes to prosecute a
claim in a common law Court of Record at the Supreme Court of the Australian Capital
Territory venue (or the Magistrates Court) must pay, only legal entities such as a Natural
Person and a Corporation are required to pay to be in the said Court(s) of the ACT venue
according to the available fee schedule, I [sic], require the said payment schedule documents
that relate to a man and/or woman.
2. The Magna Carta (1297) 25 Edw 1 c 29, and, the ACT Legislation Magna Carta (1297) 25
Edw 1 c 29 (currently at https://www.legislation.act.gov.au/a/db_. . ) reads:
"We wil sel to no man, and we wil not deny or defer to any man, either justice or right"; is
there a said internal document that is contrary to said Magna Carta and ACT Legislation that
gives a qualified employee, PUBLIC SERVANT, or other, the right to sel a man (or woman)
justice or right?
Authority
I am an information officer authorised to make decisions about access to information held by the
ACT Courts and Tribunal, in accordance with section 18 of th
e FOI Act.
p (02) 6205 0000 I e xxxxxxxx@xxxxxx.xxx.xxx.xx
GPO Box 370, Canberra ACT 2601
ACT Law Courts Building, 4-6 Knowles Place, Canberra ACT 2601
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Decision
I note the ACT Courts and Tribunal emailed you on 17 November 2021 advising the following:
The dictionary section of the 'ACT Legislation Act 2001', available on the ACT Legislation
Register at www.legislation.act.gov.au , states 'individual means a natural person'.
Therefore all prescribed forms applicable to the ACT Courts and Tribunal are relevant to
individuals such as yourself. Information about court processes is available at
www.courts.act.gov.au . I note your emails about court processes do not seek any documents
under FOI.
In regard to the scope of your request, section 45 of the FOI Act provides that I can refuse to deal
with parts of an application where the information is available on a public register. All ACT
legislation, the Court Rules, and Fee Determinations are publicly available on the Legislation Register
which can be accessed at
www.legislation.act.gov.au.
Section 43(1)(d) of the FOI Act provides I can refuse to deal with parts of an application where the
government information is already available to the applicant. Additional information concerning fees
for ACT Courts, including law and practice, can be accessed at
www.courts.act.gov.au.
As per section 53 of the FOI Act I confirm no information regarding your request is held by ACT
Courts and Tribunal.
You may wish to seek legal advice about your matter. Information about legal services in the ACT is
available from: courts.act.gov.au/law-and-practice/find-a-lawyer.
Online publishing – disclosure log
Under section 28 of the Act, JACS maintains an online record of access applications called a
disclosure log. Your access application, my decision and documents released to you in response to
your access application will be published on the JACS disclosure log no later than 10 days after the
decision. Your personal contact details will not be published.
You may view the JACS’ disclosure log at
: https://www.justice.act.gov.au/disclosure-log
Ombudsman review My decision on your access request is a reviewable decision as identified in Schedule 3 of the Act.
You have the right to seek Ombudsman review of this outcome under section 73 of the Act within 20
working days from the day that my decision is published on the JACS disclosure log, or a longer
period al owed by the Ombudsman.
If you wish to request a review of my decision you may write to the Ombudsman at:
The ACT Ombudsman
GPO Box 442
CANBERRA ACT 2601
Via em
ail: xxxxxx@xxxxxxxxx.xxx.xx
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The review of decision application form is available at:
https://www.ombudsman.act.gov.au/__data/assets/pdf_file/0026/79190/Apply-for-Ombudsman-
review.pdf
ACT Civil and Administrative Tribunal (ACAT) review
Under section 84 of the Act, if a decision is made under section 82(1) on an Ombudsman review, you
may apply to the ACAT for review of the Ombudsman decision.
Further information may be obtained from the ACAT at:
ACT Civil and Administrative Tribunal
Level 4, 1 Moore St
GPO Box 370
Canberra City ACT 2601
Ph: (02) 6207 1740
http://www.acat.act.gov.au/
Yours sincerely
Jayne Reece
Acting Principal Registrar and Chief Executive Officer
ACT Courts and Tribunal
20 January 2022
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