FILE2022/4642
Mr Dean Miles
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
righttoknow.org.au
Dear Mr Miles
DECISION ON YOUR FREEDOM OF INFORMATION REQUEST
I refer to your Freedom of Information request received by the Supreme Court Registry on 14 April
2022.
Your application requests:
My freedom of information request, seeks documents/information - Section 2, Criminal
Code does not apply in Jervis Bay Territory.
Do any other locations in Australia, have legislation where any sections of Criminal Code IS
NOT IN FORCE?
JERVIS BAY TERRITORY ACCEPTANCE ACT 1915 - SECT 4AA Criminal Code does not apply
Chapter 2 of the Criminal Code does not apply in relation to, or in relation to
matters arising under, a law in force in the Territory because of section 4A
JERVIS BAY TERRITORY ACCEPTANCE ACT 1915 - SECT 4A Laws of Australian Capital Territory
to be in force
(1) Subject to this Act, the laws (including the principles and rules of common law
and equity) in force from time to time in the Australian Capital Territory are, so far as they
are applicable to the Territory and are not inconsistent with an Ordinance, in force in the
Territory as if the Territory formed part of the Australian Capital Territory.
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 ACT Freedom of Information Act 2016
(FOI Act) available at available
at https://www.legislation.act.gov.au/a/2016-55/ .
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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OFFICIAL
Decision
Schedule 1 of the FOI Act outlines information disclosure which is taken to be contrary to the public
interest. Section 1.1A includes:
(1) Information in the possession of a court or tribunal unless the information is
administrative in nature.
(2) In this section: court includes—
(a) a registry or other office of a court or tribunal; and
(b) the staff of the registry or office.
As per section 53 of the FOI Act, I confirm no administrative documents relevant to the scope of
your FOI application are held by the ACT Courts and Tribunal.
Section 4AA of th
e Jervis Bay Territory Acceptance Act 1915 states the Commonweal
th Criminal Code
1995 does not apply to Jervis Bay. The reason for this is the ACT has its own
Criminal Code 2002
which is applicable to Jervis Bay as per section 4A of the
Jervis Bay Territory Acceptance Act 1915.
Your FOI request further asks,
‘Do any other locations in Australia, have legislation where any
sections of Criminal Code IS NOT IN FORCE?’
Your FOI request does not relate to the Australian Capital Territory and should be redirected to the
Australian Government. Unfortunately, the ACT is unable to transfer your FOI request to an
Australian Government agency. You may like to contact the following:
Attorney General’s Department
Website
: https://www.ag.gov.au/rights-and-protections/freedom-information
Email:
xxx@xx.xxx.xx
Department of Infrastructure, Transport, Regional Development and Communications Information
Website
: https://www.infrastructure.gov.au/about-us/freedom-information
Email:
xxx@xxxxxxxxxxxxxx.xxx.xx
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.
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If you wish to request a review of my decision you may write to the Ombudsman at
xxxxxx@xxxxxxxxx.xxx.xx or The ACT Ombudsman, GPO Box 442, CANBERRA ACT 2601
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:
Physical Address: Level 4, 1 Moore St, Canberra City ACT 2601
Postal Address: GPO Box 370. Canberra City ACT 2601
Phone: (02) 6207 1740
Website: http://www.acat.act.gov.au/
Yours sincerely
Amanda Nuttal
Principal Registrar and Chief Executive Officer
10 May 2022
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