5 May 2021
Mr Dean Miles
BY EMAIL: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
In reply please quote:
FOI Request:
FA 22/04/00805
File Number:
OBJ2022/9801
Dear Mr Miles
Freedom of Information (FOI) request - Access Decision
On 17 April 2022, the Department of Home Affairs (the Department) received a request for access
to documents under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request for access under the
FOI Act.
1
Scope of request
You have requested access to the following documents:
I request any evidence held by The Department of Home Affairs, that any man, woman or
child has a contract in any form, not limited to things or matters including but not limited to
those ultra vires, or purports to relinquish our unalienable rights to social corporations and
subsidiaries to all levels of government, local, state, Commonwealth, have Jurisdiction over
the men women and children of Australia, or any claim the men, women and children of
Australia are property of any government and its subsidiaries involved in the day to day
operations of government across Australia its states and territories since Federation.
2
Authority to make decision
I am an officer authorised under section 23 of the FOI Act to make decisions in respect of
requests to access documents or to amend or annotate records.
3
Relevant material
In reaching my decision I referred to the following:
• the terms of your request
• the documents relevant to the request
• the FOI Act
6 Chan Street Belconnen ACT 2617
PO Box 25 Belconnen ACT 2616 • Telephone: 02 6264 1111 • Fax: 02 6225 6970 • www.homeaffairs.gov.au
• Guidelines published by the Office of the Information Commissioner under section 93A
of the FOI Act (the FOI Guidelines)
• advice from Departmental officers with responsibility for matters relating to the
documents to which you sought access.
4
Decision
Section 24(1)(b) of the FOI Act provides that where a practical refusal reason exists, an
agency may refuse to process a request only if the agency has undertaken the ‘consultation
process’ in s24AB of the Act, and after completing the consultation, the agency remains
satisfied that a practical refusal reason exists.
The Department issued a section 24AB notice on the 22 April 2022 because the request in
its current form did not qualify as a valid ‘document of an agency’ under section 15(2)(b) of
the FOI Act. The Department was unable to identify relevant documents to answer your
request.
You replied to the Department’s section 24AB notice on the 22 April 2022 in which you
revised the scope of your request. However, your request remained unclear as to what
documents were sought in response.
Having considered the scope of the request, I am satisfied that the practical refusal reason
remains. Therefore, I have decided to refuse your request under s24(1) of the FOI Act.
5
Legislation
A copy of the FOI Act is available at https://www.legislation.gov.au/Details/C2017C00251.
If you are unable to access the legislation through this website, please contact our office
for a copy.
6
Your Review Rights
Internal Review
If you disagree with this decision, you have the right to apply for an internal review by the
Department of this decision. Any request for internal review must be provided to the
Department within 30 days of you being notified of the decision. Where possible please
attach reasons why you believe a review of the decision is necessary. The internal review
wil be carried out by an officer other than the original decision maker and the Department
must make a review decision within 30 days.
Applications for review should be sent to:
By email to: xxx.xxxxxxx@xxxxxxxxxxx.xxx.xx
OR
By mail to:
Freedom of Information Section
Department of Home Affairs
PO Box 25
BELCONNEN ACT 2617
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Review by the Office of the Australian Information Commissioner
You may apply directly to the Office of the Australian Information Commissioner (OAIC) for
a review of this decision. You must apply in writing within 60 days of this notice. For further
information about review rights and how to submit a request for a review to the OAIC,
please see Fact Sheet 12 "Freedom of information – Your review rights", available online
at http:/ www.oaic.gov.au/freedom-of-information/foi-reviews.
7
Making a Complaint
You may complain to the Australian Information Commissioner about action taken by the
Department in relation to your request.
Your enquiries to the Australian Information Commissioner can be directed to:
Phone 1300 363 992 (local call charge)
Email xxxxxxxxx@xxxx.xxx.xx
There is no particular form required to make a complaint to the Australian Information
Commissioner. The request should be in writing and should set out the grounds on which
it is considered that the action taken in relation to the request should be investigated and
identify the Department of Home Affairs as the relevant agency.
8
Contacting the FOI Section
Should you wish to discuss this decision, please do not hesitate to contact the FOI Section
at xxx@xxxxxxxxxxx.xxx.xx.
Elaine - position number 60097486
Authorised Decision Maker
FOI and Records Management Branch
Data Division | Strategy and National Resilience Group
Department of Home Affairs
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