Guidelines for valid agreements implied

Sophia Wrightman made this Freedom of Information request to Attorney-General

The request was refused by Attorney-General.

From: Sophia Wrightman

Delivered

Dear Attorney-General,

According to Grant Moodie of the Australian Securities and Investments Commission - the Commonwealth of Australia is a "body politic" which is:

"the term that applies to the people as a whole where each citizen agrees that it is to be governed by the common laws, rules and regulations."

Law Dictionary: http://thelawdictionary.org/body-politic-2

As a body politic, it is implied each and every Australian is an authority that agrees to be governed in a certain way. Does your office hold information about what it considers valid agreements between each and every Australian and the agreed on body to hold government and govern? I believe the current Australian government is that body. Are terms for this agreement available?

Any assistance is much appreciated.

Yours faithfully,

Sophia Wrightman

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From: FOI Requests
Attorney-General

Thank you for your email. This is an automated response to advise you that
your email has been received by the Attorney-General's Department's FOI
Coordinator.

 

If you wish to lodge a request for access to documents under the Freedom
of Information Act 1982 (FOI Act), please ensure that your request is in
writing, states that it is an application for the purposes of the FOI Act
and provides sufficient detail describing the documents you wish to
access. The FOI Coordinator will acknowledge your request within 14 days.

 

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From: FOI Requests
Attorney-General

UNCLASSIFIED
13/20497

20 December 2013

Ms Sophie Wrightman
[FOI #490 email]

Dear Ms Wrightman
Freedom of Information Request no. FOI13/214

I refer to your request for access to documents under the Freedom of Information Act 1982. I have taken your request to be for:

What the department considers as valid agreements between each and every Australian and the agreed on body to hold government and govern;
and Any agreement about whether the current Australian government is that body.

If you disagree with our interpretation of your request, please let me know as soon as possible.

We received your request on 17 December 2013 and the 30 day statutory period for processing your request commenced from the day after that date. You should therefore expect a decision from us by 16 January 2014.The period of 30 days may be extended if we need to consult third parties or for other reasons. We will advise you if this happens.

It is the usual practice of the Department to not release the names and contact details of junior officers of the Department and other government agencies, where that personal information is contained in documents within scope of a request. The names and contact details of senior officers will generally be released. We will take it that you agree to the removal of junior officers’ personal information unless you advise that you would like us to consider releasing that information as part of the documents you have requested.

Please note that information released under the FOI Act may later be published online on our disclosure log http://www.ag.gov.au/RightsAndProtection..., subject to certain exceptions. (For example, personal information will not be published where this would be unreasonable.)

We will contact you using the email address you provided. Please advise if you would prefer us to use an alternative means of contact. If you have any questions, please contact the FOI Section by email [email address].

Kind Regards

FOI Contact Officer

Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
A: [email address]

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Locutus Sum left an annotation ()

For the reasons explained in another annotation (https://www.righttoknow.org.au/request/w... this request must be rejected, probably because the document that appears to be requested does not exist. But there is no reason to believe that it would exist. Also no reason to believe that it could exist in Australia.

In Australia, the agreement between each individual and the Commonwealth is called “the law”. The idea that there exists, or might exist, a negotiated agreement between the Commonwealth and each individual is an idea that does not have its shoes in an understanding of the history of the law in Australia. Of course, a person can invent or imagine a society where ever individual must negotiate an agreement with the State, but that society is not Australia.

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Sophia Wrightman left an annotation ()

AUSTRALIA'S CONSTITUTIONAL PREAMBLE:

"Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed..."

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From: FOI Requests
Attorney-General

UNCLASSIFIED

Dear Ms Wrightman,

 

Re: Freedom of Information Request no. FOI 13/067

 

I refer to your application of 17 December 2013 for access to documents
under the Freedom of Information Act 1982 (the FOI Act). You sought:

 

‘According to Grant Moodie of the Australian Securities and Investments
Commission - the Commonwealth of Australia is a "body politic" which is:

"the term that applies to the people as a whole where each citizen agrees
that it is to be governed by the common laws, rules and regulations."

Law Dictionary: [1]http://thelawdictionary.org/body-politic-2

 

As a body politic, it is implied each and every Australian is an authority
that agrees to be governed in a certain way. Does your office hold
information about what it considers valid agreements between each and
every Australian and the agreed on body to hold government and govern? I
believe the current Australian government is that body. Are terms for this
agreement available?’

 

Subsection 15(2) of the FOI Act lists the requirements for a valid FOI
request.  In particular, subsection 15(2)(b) requires a person seeking
access to documents to ‘provide such information concerning the document
as is reasonably necessary to enable a responsible officer of the agency …
to identify it.’  Unfortunately your request does not constitute a valid
freedom of information (FOI) request under section 15 of the FOI Act. This
is because your original request does not sufficiently identify the
documents that you would like to access. 

 

In view of your interest in the relationship between the people and the
Commonwealth, it may be beneficial to review the Australian Constitution.
The Australian Constitution provides the basic rules for the government of
Australia.  It is the fundamental law of Australia binding everybody
including the Commonwealth Parliament and the Parliament of each State. 
The edition of the current Constitution published by the
Attorney-General’s Department includes an overview of Australia’s
constitutional arrangements which may be of interest.  It is available
online at:
[2]http://www.aph.gov.au/About_Parliament/S....

 

If you have any questions, please do not hesitate to contact me by email
at [3][email address] or by phone on (02) 6141 6666.

 

I hope this information is of assistance.

 

Yours sincerely

 

Elise Perry

FOI Case Manager

Freedom of Information and Privacy Section | Office of Corporate Counsel
Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600

A: [email address]

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References

Visible links
1. http://thelawdictionary.org/body-politic-2
2. http://www.aph.gov.au/About_Parliament/S...
3. mailto:[email address]

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