Solicitor-General of the Commonwealth of Australia
Mr Dean Miles
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Miles
REQUEST FOR ACCESS TO DOCUMENTS – REFUSAL DECISION
1.
I refer to your emails of 14 April 2022 and 16 April 2022.
2.
I also refer to my letter of 14 April 2022, in which I advised you that I intended
to refuse your request for access to document/s dated 14 April 2022 on the basis
that it did not satisfy s 15(2)(b) of the
Freedom of Information Act 1982 (Cth)
(
Act). This is the requirement that the request provide such information
concerning the document/s as is reasonably necessary to enable a reasonable
officer of the agency to identify the document/s. By that letter, I also invited
you to do one of the following within 14 days (in accordance with s 24AB of
the Act):
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.
3.
In response to my letter of 14 April 2022, your email of 16 April 2022 states:
To assist clarifying my request of “Person” I only seek documents or
legislation SOLELY IDENTIFYING a LIVE BORN human beings,
flesh, blood soul.
Lord Edward Coke Jurist, Chief Justice High Court of UK definition
Corporation I have included “Corporations cannot commit treason, nor
be outlawed, nor excommunicated, for they have no souls.” ... Any
evidence of any other definition that purports to be a person without a
Soul I am NOT seeking. Only the evidence it applies to living,
breathing, human being.
2
Evidence in any Civil Procedures Act, Civil Proceedings, that
specifically mention a person living human being.
As we are not born a “party” someone, anyone, no-one, another,
whoever whoever, body politic, entity, legal person, legal personality,
body politic or individual as appears in Acts Interpretation Act 1901.
(1) In any Act, expressions used to denote persons generally (such as
“person”, "party", “someone”, “anyone”, “no-one”, “one”, “another”
and “whoever”), include a body politic or corporate as well as an
individual.
http://classic.austlii.edu.au › legis › cth ACTS INTERPRETATION
ACT 1901 - SECT 2C References to persons
4.
Having undertaken the request consultation process under s 24AB of the Act, I
remain satisfied that a practical refusal reason exists within the meaning of
s 24AA(1)(b) of the Act, because your emails of 14 April 2022 and 16 April
2022 do not provide such information as is reasonably necessary to enable me
to identify the document/s that are requested.
5.
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. As I am satisfied that a “practical
refusal reason” exists, I refuse your request for access in accordance with
s 24(1)(b) of the Act.
6.
If you are not satisfied with my decision, I note that internal review is not
available as it was made personally by me as the principal officer of the agency:
s 54(1) of the Act. However, you may apply to the Australian Information
Commissioner for review of my decision within 60 days of the date of this letter,
subject to any extension of time granted by the Commissioner: s54S of the Act.
You may also make a complaint to the Commissioner about action taken by me
in the performance of functions, or the exercise of powers, under the Act.
Information about reviews and complaints can be found here:
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints.
Yours faithfully
Dr Stephen Donaghue QC
Solicitor-General of the
Commonwealth of Australia
20 April 2022
