OFFICIAL

Dear Shaun

This email acknowledges receipt of your FOI requests (below) received on 20 and 22 February 2022 by the ACT Courts and Tribunal www.courts.act.gov.au . You appear to be seeking procedures regarding physical access to the ACT Law Courts building and in relation to lodging a private criminal prosecution under common law.

Information regarding access to the Court building is available on our court website. During the pandemic, access requirements have changed and the latest information is available at https://www.courts.act.gov.au/about-the-courts/news/response-to-the-covid-19-virus .

In relation to private criminal prosecutions, legal procedure is outlined in a range of laws including Courts Procedures Act 2004 , Court Procedure Rules 2006 , Evidence Act 2011 , Criminal Code 2002 and Crimes Act 1900. The Judiciary and Registrars of the Courts are responsible for the flow of matters through the ACT Magistrates Court and ACT Supreme Court.

The Court website has some educational videos about how the criminal law process works. You might like to view them at https://courts.act.gov.au/about-the-courts/education-resources

There may be other legislation or court practice directions or notes that might be applicable to certain matters and the processes they follow. Therefore the type of information you may require may be on the public record available through the legislation register at www.legislation.act.gov.au or the ACT Courts website www.courts.act.gov.au .

If you wish to commence a private prosecution, you need to undertake the following steps:

  1. Complete Form 3– Information and Summons to commence proceedings (link Magistrates Court Act 1930—Form 3 | PDF)

  2. Arrange an appointment to attend in person before a Deputy Registrar of the ACT Magistrates Court to swear to the information

  3. Pay the fee of $88 for laying an information for an offence

  4. Arrange service of the information and summons on the respondents

For further information about the above court process, please contact the Court Listings Unit via [email address] . Can I suggest you might like to make contact with Legal Aid ACT or a community legal centre who may be able to explain the relevant legal processes to you.

Seeking information under FOI is a way of obtaining information that isn’t publicly available to you. I have attached a booklet providing information about the FOI process. Given the information you seek is already publicly available, your previous FOI requests have been unsuccessful (see attached responses). Section 30 (2) (a) of the FOI Act 2016 states your application must include enough detail to enable an agency to identify the government information you are seeking.

Could you please review the scope of your FOI requests below, and make it clearer what information you are seeking, given you have already requested information about trespass and access previously (see attached letters). If the ACT Courts does not hear back from you within 3 months, your requests under FOI will have been taken to be withdrawn.

Kind regards

Tony | Director | Governance Team

ACT Courts and Tribunal

4 Knowles Place Canberra City 2601 |GPO Box 370 Canberra ACT 2601 | www.courts.act.gov.au

-----Original Message-----
From: i: a man; Shaun <
[email address]>
Sent: Tuesday, 22 February 2022 6:07 AM
To: JACS FOI <
[ACT Law Courts And Tribunal Administration request email]>
Subject: Freedom of Information request - The Responsible PUBLIC SERVANT to ensure a man is not denied access to a Court venue

CAUTION: This email originated from outside of the ACT Government. Do not click links or open attachments unless you recognise the sender and know the content is safe.

Dear ACT Law Courts And Tribunal Administration,

There is no publicly documented procedure/rules/legislation or other for the procedure for a PUBLIC SERVANT at the said ACT Law Courts to ensure a man is not denied access to a Court venue so that said man can prosecute a claim in a common law Court of Record at the Supreme Court of the Australian Capital Territory venue.

i require the name(s) and position(s) of the qualified employee, PUBLIC SERVANT or other that has responsibility to carry out all things necessary to ensure a man is not denied or deferred access to said Court venue to prosecute a said claim.

godspeed

dated 22nd day of February 2022

i: a man; Shaun

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

[email address]

Is [ACT Law Courts And Tribunal Administration request email] the wrong address for Freedom of Information requests to ACT Law Courts And Tribunal Administration? If so, please contact us using this form:

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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:

https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fhelp%2Fofficers&amp;data=04%7C01%7C%7C677e5d8a0481455ade3308d9f56d5c66%7Cb46c190803344236b978585ee88e4199%7C0%7C0%7C637810672933054002%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&amp;sdata=Nua81Lu8JvdWIekPg7tQMVeIsNIJ5OuIOEk%2F8mBCR74%3D&amp;reserved=0

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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-----Original Message-----
From: i: a man; Shaun <
[email address]>
Sent: Sunday, 20 February 2022 9:52 AM
To: JACS FOI <
[ACT Law Courts And Tribunal Administration request email]>
Subject: Freedom of Information request - Procedure for Trespass upon the case

CAUTION: This email originated from outside of the ACT Government. Do not click links or open attachments unless you recognise the sender and know the content is safe.

Dear ACT Law Courts And Tribunal Administration,

There is no publicly documented procedure/rules/legislation for the handling of a qualified employee, PUBLIC SERVANT (or other) of the said ACT Law Courts and Tribunal that:

1. Does trespass upon the case of a man or woman that require to prosecute a claim in a common law Court of Record at the Supreme Court of the Australian Capital Territory.

i require:

a. the documented said procedure(s); and b. the name(s) and position(s) of the qualified employee, PUBLIC SERVANT or other that has responsibility for enforcing said procedure(s); and c. if there are no said procedure/rules/legislation, provide the name(s) and position(s) of the qualified employee, PUBLIC SERVANT or other that has responsibility

godspeed

dated 20th day of February 2022

i: a man; Shaun

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

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

[email address]

Is [ACT Law Courts And Tribunal Administration request email] the wrong address for Freedom of Information requests to ACT Law Courts And Tribunal Administration? If so, please contact us using this form:

https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fchange_request%2Fnew%3Fbody%3Dact_law_courts_and_tribunal_administration&amp;data=04%7C01%7C%7C69eacb255ee54ee7f7d908d9f3fa6ca5%7Cb46c190803344236b978585ee88e4199%7C0%7C0%7C637809079771917423%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&amp;sdata=%2Bs2rGneQYi5nHPBf3QXm%2BtOMWZH4A0CX0ezm3YG24F4%3D&amp;reserved=0

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:

https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fhelp%2Fofficers&amp;data=04%7C01%7C%7C69eacb255ee54ee7f7d908d9f3fa6ca5%7Cb46c190803344236b978585ee88e4199%7C0%7C0%7C637809079771917423%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&amp;sdata=3nZ8cnxO%2FIXH%2BssR1L%2BpiwxNPZl9CD%2B69qbomvJS11U%3D&amp;reserved=0

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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