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

d. 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

Dear Victorian Department of Justice & Regulation, Responsible FOI Officer;

By law, a public authority which includes the Victorian Department of Justice & Regulation, must keep me informed about the progress of my Freedom of Information request.

To this date, you have failed to respond in the regulated time frame detailed in the Act of which by law, you must respond, and the community expects your department to respond to such RELEVANT FOI Requests.

It is requested that you respond within 7 days of this email being received and that you acknowledge the following:

a. a statement of reasons as to why you have failed to respond; and

b. an estimated acceptable time frame as to when the relevant documents requested can be supplied.

Failure to respond to this email, may result in admin or legal action against your department in line with my rights under the FOI Act and IAW Australian Admin Law principles, regarding FOI requests and lawful procedure.

Yours faithfully,

Brett Wilson

DJR-IIA-FOI (DJCS), Victorian Department of Justice & Regulation

Dear Mr Wilson

Are you able to forward your original request. I have not been able to find a record of it in our case management system.

Regards
Kathy

KATHY MAIKOUSIS
Manager, FOI Requests
Information Integrity & Access
Department of Justice and Community Safety
121 Exhibition Street VIC 3000 | DX 210077
Phone: (03) 8684 0379 | [mobile number]

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

  

-----Original Message-----
From: Brett Wilson <[FOI #6932 email]>
Sent: Monday, 18 January 2021 4:14 PM
To: DJR-IIA-FOI (DJCS) <[Victorian Department of Justice &amp; Regulation request email]>
Subject: Re: Freedom of Information request - FOI Request in accordance with the Victorian Freedom of Information Act 1982 (FOI Act)

Dear Victorian Department of Justice & Regulation, Responsible FOI Officer;

By law, a public authority which includes the Victorian Department of Justice & Regulation, must keep me informed about the progress of my Freedom of Information request.

To this date, you have failed to respond in the regulated time frame detailed in the Act of which by law, you must respond, and the community expects your department to respond to such RELEVANT FOI Requests.

It is requested that you respond within 7 days of this email being received and that you acknowledge the following:

a. a statement of reasons as to why you have failed to respond; and

b. an estimated acceptable time frame as to when the relevant documents requested can be supplied.

Failure to respond to this email, may result in admin or legal action against your department in line with my rights under the FOI Act and IAW Australian Admin Law principles, regarding FOI requests and lawful procedure.

Yours faithfully,

Brett Wilson

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[FOI #6932 email]

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