Dear Victorian Department of Health and Human Services,

i, require the following documents:

Background
The Victorian Government Legislation: Imperial Acts Application Act 1980, Act number 9426/1980 Version 016 ( https://www.legislation.vic.gov.au/in-fo... ), at Division 3-- Justice and liberty, reads:

"[1297] 25 Edward I (Magna Carta) c. XXIX
No freeman shall be taken or imprisoned, or be
disseised of his freehold, or liberties or free
customs, or be outlawed or exiled, or any other
wise destroyed; nor will we pass upon him, nor
condemn him, but by lawful judgement of his
peers, or by the law of the land. We will sell to no
man, we will not deny or defer to any man either
justice or right."

Documents Required:
There is no publicly available document that reads/states (or is similar to):

1. "Victoria's Chief Health Officer (or assign) or a PUBLIC SERVANT or qualified employee of the Victoria Department of Health and Human Services can deny or defer a man (or woman) right";

2. "Victoria's Chief Health Officer (or assign) or a PUBLIC SERVANT or qualified employee of the Victoria Department of Health and Human Services can deny or defer a man (or woman) liberty";

i, require the internal documents: policy or directive or law (or other documents) that make the above (or similar) claims/statements (point 1 and 2) and the name of the qualified employee or assign (or other) that made it.

dated the 1st day of November 2021
Godspeed

i: a man; Shaun

FOI Health (HEALTH),

1 Attachment

Dear Shaun

I refer to your application under the Freedom of Information Act 1982 (the
Act) requesting access to:

"Documents regarding right to deny rights…There is no publicly available
document that reads/states (or is similar to): 1. "Victoria's Chief Health
Officer (or assign) or a PUBLIC SERVANT or qualified employee of the
Victoria Department of Health and Human Services can deny or defer a man
(or woman) right"; 2. "Victoria's Chief Health Officer (or assign) or a
PUBLIC SERVANT or qualified employee of the Victoria Department of Health
and Human Services can deny or defer a man (or woman) liberty"; i, require
the internal documents: policy or directive or law (or other documents)
that make the above (or similar) claims/statements (point 1 and 2) and the
name of the qualified employee or assign (or other) that made it."

Your application was received on 1 November 2021.

Invalid request – Application fee required

The Act provides that an application fee of $30.10 must accompany each
request. In the current circumstances, the department's preferred method
of payment is via the Victorian Government's online FOI portal at the
below link:

[1]https://online.foi.vic.gov.au/foi/reques...

Please quote your reference number (F21/2102) in the "Request Details"
section of the online form. You do not need to provide the wording of your
request again.

The Act also provides that the application fee may be waived or reduced if
payment of the fee would cause financial hardship. If you consider this to
be the case the fee may be waived or reduced on production of evidence of
how the payment of the application fee would cause you hardship. 

As stated on the Office of the Victorian Information Commissioner’s
website, an applicant should provide evidence of hardship when they are
requesting an agency to waive or reduce the application fee:

‘If you request the application fee to be waived or reduced, you should
provide evidence of hardship – for example, a concession or health care
card, a bank statement, or statutory declaration outlining why payment
would cause you hardship.’

Please note your request cannot proceed until the application fee or
evidence of hardship has been received as it is not a valid request.

I would appreciate it if you would respond by Tuesday 23 November 2021
otherwise I will assume that you do not wish to proceed and no further
action will be taken by the department.

Anticipated delays in processing

Please also note that, due to a high volume of requests, we are currently
experiencing significant delays in processing times. Once you have made
your request valid, you may be contacted in the course of processing your
request to seek an extension of time for providing a decision on your
request.

Thank you very much for your patience and understanding.

If you have any questions in relation to your request, please direct all
correspondence relating to your request to [2][email address].

Kind Regards,

 

Authorised Officer | Freedom of Information

Legal, Privacy and Integrity

Department of Health

[3]www.health.vic.gov.au

 

We acknowledge the traditional Aboriginal owners of country throughout
Victoria and pay our respect to them, their culture and their Elders past,
present and future.

 

 

 

 

 

OFFICIAL

This email contains confidential information intended only for the person
named above and may be subject to legal privilege. If you are not the
intended recipient, any disclosure, copying or use of this information is
prohibited. The Department provides no guarantee that this communication
is free of virus or that it has not been intercepted or interfered with.
If you have received this email in error or have any other concerns
regarding its transmission, please notify [email address]

This email and/or attached documents may include Victorian protective
markings as set out by the Office of the Victorian Information
Commissioner (OVIC). More information on protective markings can be found
[4]here

References

Visible links
1. https://online.foi.vic.gov.au/foi/reques...
2. mailto:[email address]
3. http://www.health.vic.gov.au/
4. https://www.dhhs.vic.gov.au/protective-m...

FOI Health (HEALTH),

4 Attachments

 

Dear Shaun

 

Please see the attached Notice of Refusal in relation to your Freedom of
Information request.

 

Kind regards,

 

Authorised Officer | Freedom of Information

Legal, Privacy and Integrity

Department of Health

[1]www.health.vic.gov.au

 

We acknowledge the traditional Aboriginal owners of country throughout
Victoria and pay our respect to them, their culture and their Elders past,
present and future.

 

 

 

 

OFFICIAL

This email contains confidential information intended only for the person
named above and may be subject to legal privilege. If you are not the
intended recipient, any disclosure, copying or use of this information is
prohibited. The Department provides no guarantee that this communication
is free of virus or that it has not been intercepted or interfered with.
If you have received this email in error or have any other concerns
regarding its transmission, please notify [email address]

This email and/or attached documents may include Victorian protective
markings as set out by the Office of the Victorian Information
Commissioner (OVIC). More information on protective markings can be found
[2]here

References

Visible links
1. http://www.health.vic.gov.au/
2. https://www.dhhs.vic.gov.au/protective-m...