FOI Request in accordance with the Victorian Freedom of Information Act 1982 (FOI Act)

Brett Wilson made this Freedom of Information request to Victorian Department of Justice & Regulation

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Response to this request is long overdue. By law, under all circumstances, Victorian Department of Justice & Regulation should have responded by now (details). You can complain by requesting an internal review.

Dear Victorian Department of Justice & Regulation,

Attention FOI Officer;

To assist you with interpreting this FOI Request, I will first bring to your attention, that the Queen is the supreme administrator and supreme legislator in this Commonwealth on advice from Ministers and Parliament in matters of legislation, which is true in theory and constitutional form, and is the source of law for our courts, a source of law and supreme authority traceable back to the Commonwealth Constitution.

I also bring to your attention the following definition relevant to this request with regards to a Subject of the Queen:

''A Natural Born Subject - At common law, everybody whos birth happens within the allegiance of the crown, is a natural born subject. The learning, old and new, of the subject will be found very fully in Calvins Case (1608), 7 Coke Reps. 1, 18A; Collingwood v. Pace (1656), 1 Vent. 413; De Geer v. Stone (1882), 22 Ch. D. 243; Re Stepney Election Petition, Isaacson v. Durrant (1886), 17 Q.B.D. 54; Encyclopedia of the Laws of England, vol.ix.p.57; Westlake, Private International Law, Chap. XV.'' Reference: s132 ''Subject of the Queen'' The Annotated Constitution of the Australian Commonwealth Quick and Garran REVISED EDITION page 547.

Considering the above information and reference, I request that copies of the following documents be provided by your office if they exist, and if they do not exist, that you disclose that they do not exist:

a. It is requested that you provide me with a copy of an Instrument that binds a Subject of the Queen, who is also a subject of Crown law, to the Jurisdiction of the County Court Of Victoria. That is, the Queen as per her title and definition in the Sovereignty of the UK listed at Covering Clause 2 of the Constitution of the Australian Commonwealth;

b. It is also requested that you provide a copy of an Instrument that indicates the County Court of Victoria is operating as a Crown Court, an Instrument that promulgates the Crown is the source of law and authority and Jurisdiction that County Court of Victoria Judicial Officers are authorized to exercise Crown jurisdiction;

c. Provide a copy of an Instrument that delegates Crown Judicial and Administrative authority to a Judges Associate in the County Court of Victoria; and

b. If the County Court of Victoria is a Corporate entity, provide a copy of the instrument that incorporated the County Court of Victoria.

Please note, I understand that I need to pay an application fee. It is requested that the Departments FOI Officer contact me on receipt of this email request, and provide the payment details so that we may pay the application fee or request a waiver of costs or what ever is required, to process this relevant FOI request.

My email address for your email reply as to fee payment is: multifid @ bigpond.com

Please reply in good faith.

Yours faithfully,

Brett: Wilson

Email: [email address]

Brett Wilson left an annotation ()

They Victorian Department of Justice & Regulation have responded and will be responding again via my private email address.

Brett Wilson left an annotation ()

My original FOI Request was made to the Victorian Department of Justice and Regulation, who irresponsibly forwarded it down to Court Services Victoria of which they should not have done, as the Department of Justice is the Executive that over sees the County Court and Court Services Victoria. I now have to request an Internal Review from the Office of the Vic Information Commissioner as the Vic Parliament removed the RIGHT for an Internal Review prior to having to go to the Information Commissioner or Vic equivalent. Court Services Victoria refused the disclose the requested information claiming the courts have no obligation to provide it, or words to that effect. This is not about the courts but about their authority under the relevant legislation made by parliament not the courts who interpret legislation. I allege the Department of Justice pushed it down to the Court Services Vic, so the excuse could be used that they had no obligation to provide the information requested, which is an act of misleading and deceptive conduct by the Department of Justice, acting as the Executive for the Justice System in Vic.