Solicitor-General of the Commonwealth of Australia
Mr Dean Miles
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Miles
REQUEST FOR ACCESS TO DOCUMENTS – NOTICE OF INTENTION TO
REFUSE
1.
I refer to your request of 14 April 2022, submitted through the Right to Know
website.
2.
By that request, which was expressed as directed to me, you sought access under
the
Freedom of Information Act 1982 (Cth) (
Act) to the following:
…my Freedom of Information Request, is for EVIDENCE to be
Produced, including those involved in drafting Instruments, directly
related to Civil Procedings [sic] Acts, that gives JURISDICTION over
the people, naturally born, with God, Mother and Father as their creator.
I do not seek Information relevant to other legislation, that PURPORT's
the meaning of person: eg Corporation, Entity, Body Politic, Body
Corp, Legal personality, YOU, Individual, Citizen, Customer.
3.
As Solicitor-General, and the “principal officer” of the agency, I am authorised
under s 23(1) of the Act to make decisions in relation to applications made to
me for access to documents under the Act.
4.
Section 15(2) of the Act sets out the requirements of a valid request. Those
requirements include that the request must provide such information as is
2
reasonably necessary to enable a responsible officer of the agency or the
Minister to identify the document that is requested: s 15(2)(b).
5.
In my opinion, your email does not meet the requirements of a valid request, as
it does not provide such information as is reasonably necessary to enable me to
identify the document/s that are requested. For this reason, I consider a
“practical refusal reason” exists within the meaning of s 24AA(1)(b) of the Act.
On this basis I intend to refuse your request under s 24(1) of the Act.
6.
Before I make a decision, however, s 24AB of the Act provides for a “request
consultation process.” In effect, this means you have 14 days in which to do
one of the following:
withdraw your request;
revise the scope of your request to clarify the document/s in relation to
which you are seeking access; or
indicate that you do not wish to revise your request.
If you do not do one of these three things, or you do not respond to this letter
within 14 days, your request will be deemed to be withdrawn: s 24AB(7).
7.
Please also note that the statutory timeframe in s 15(5) of the Act for processing
your request will only commence once the scope has been sufficiently clarified
to enable me to identify the document/s you are seeking.
8.
If you would like to revise your request or have any questions about this letter,
you may contact my Counsel Assisting, Melinda Jackson, by email at
xxxxxxxxxxxx@xx.xxx.xx.
Yours faithfully
Dr Stephen Donaghue QC
Solicitor-General of the
Commonwealth of Australia
14 April 2022