Instrument to establish King of Australia

Response to this request is delayed. By law, Department of the Prime Minister and Cabinet should normally have responded promptly and by (details)

Department of the Prime Minister and Cabinet,

A previous FOI to the Attorney-Generals office produced a "PROCLAMATION" signed by "Anthony Albanese" (aka Anthony Norman Albanese) and "David Hurley" (aka General David John Hurley).

"...do now proclaim Prince Charles Philip Arthur George to be King Charles the Third, by the Grace of God King of Australia and his other Realms and Territories, Head of the Commonwealth, and, with hearty and humble affection, we promise him faith and obedience:"

Under FREEDOM OF INFORMATION ACT 1982, in particular SECT 3, (2)(b)

1. I request the instrument for the establishment of the proclaimed King of Australia for which the title relies on,

2. In the occasion that the instrument for the proclaimed King of Australia exists, I request the head of power that the title relies on,

3. I request the information that demonstrates the proclaimed King of Australia conforms to the meaning of, "in the sovereignty of the United Kingdom", expressed in the second clause prefacing the Commonwealth of Australia Constitution proper.

Jillian, 
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.

FOI, Department of the Prime Minister and Cabinet

2 Attachments

OFFICIAL

 

Reference: FOI/2024/260

 

Dear Jillian

 

Thank you for your email of 7 August 2024 in which you made a request
under the Freedom of Information Act 1982 (the FOI Act) to the Department
of the Prime Minister and Cabinet (the Department).

 

You set out the terms of the request as follows:

 

A previous FOI to the Attorney-Generals office produced a "PROCLAMATION"
signed by "Anthony Albanese" (aka Anthony Norman Albanese) and "David
Hurley" (aka General David John Hurley).

 

"...do now proclaim Prince Charles Philip Arthur George to be King Charles
the Third, by the Grace of God King of Australia and his other Realms and
Territories, Head of the Commonwealth, and, with hearty and humble
affection, we promise him faith and obedience:"

 

Under FREEDOM OF INFORMATION ACT 1982, in particular SECT 3, (2)(b)

 

1. I request the instrument for the establishment of the proclaimed King
of Australia for which the title relies on,

 

2. In the occasion that the instrument for the proclaimed King of
Australia exists, I request the head of power that the title relies on,

 

3. I request the information that demonstrates the proclaimed King of
Australia conforms to the meaning of, "in the sovereignty of the United
Kingdom", expressed in the second clause prefacing the Commonwealth of
Australia Constitution proper.

 

Timeframe for receiving your decision

The 30 day statutory period for processing your request commenced from the
day after the Department received your request, you should therefore
expect a decision from us by 6 September 2024.  The processing period of
30 days may be extended in certain circumstances and we will write to you
separately regarding any extension of time.

 

Charges

Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.

 

Publication of documents

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email].  If you
do wish to object to the publication of information, you would need to
provide supporting reasons.

 

Exclusion of officers’ names and contact details

For documents that fall within scope of the request, it is the
Department’s policy to withhold:

·       any person’s signature;

·       the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);

·       the mobile or direct numbers of SES officers;

·       the names and contact details of Ministerial staff at a level
below Chief of Staff.

 

If you consider that the information categorised above is relevant to the
terms of your request please let us know at [3][DPMC request email], otherwise
we will take it that you agree to that information being excluded from the
scope of your request (that is, the information will be treated as
irrelevant and deleted from any documents for release). The names and
other details of SES officers will not be withheld unless there is some
reason for that information to be exempt from release.

 

Further information on FOI processing can be found at the website of the
Office of the Australian Information Commissioner
[4]https://www.oaic.gov.au/freedom-of-infor....

 

Kind regards

Coordinator | FOI Section

[ ]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [5][email address]  w. [6]pmc.gov.au

 

[7]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[email address]
6. https://www.pmc.gov.au/

FOI, Department of the Prime Minister and Cabinet

1 Attachment

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OFFICIAL
 
Reference FOI/2024/260
 
 
Dear Jillian
 
I refer to your request of 7 August 2024, made to the Department of the
Prime Minister and Cabinet under the Freedom of Information Act 1982, in
which you sought access to documents in relation to the “Instrument to
establish King of Australia”.
 
The current due date for a decision on this request is 6 September 2024.
Regrettably, the Department is not currently in a position to finalise the
decision by this date. Accordingly, we are seeking your agreement to a
7-day extension of time under section 15AA of the FOI Act. 
 
We will endeavour to notify you of the decision prior to this extended
date if possible. Please be aware however, that it may be necessary to
apply other extension of time, or ‘stop clock’ provisions during the
processing of this request.
 
If you agree to this request for a 7-day extension of time, we would be
grateful if you could please confirm this in writing via return email by
COB Thursday 5 September 2024.
 
 
Kind regards
Coordinator
 
FOI Section
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address]  w. [2]pmc.gov.au
 

The Department acknowledges and pays respect to the past, present and
emerging Elders and Traditional Custodians of Country, and the
continuation of cultural, spiritual and educational practices of
Aboriginal and Torres Strait Islander peoples.

 
 
 
 
 
 
 
 
 
 

show quoted sections

Dear Coordinator,
We agree to a seven day extension.

Jillian, 
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.

FOI, Department of the Prime Minister and Cabinet

3 Attachments

OFFICIAL

 

Reference: FOI/2024/260

 

Dear Jillian

 

I refer to your request of 7 August 2024, made to the Department of the
Prime Minister and Cabinet under the Freedom of Information Act 1982, in
which you sought access to documents in relation to the “Instrument to
establish King of Australia”.

 

The current due date for a decision is 13 September 2024.  Regrettably,
the Department is not in a position to finalise the decision this week. 
Accordingly, I am seeking your agreement to an additional  14-day
extension to 27 September 2024. I appreciate your patience and will
endeavour to notify you of the decision prior to this date, should it be
possible. 

 

If you agree to this request, I would be grateful if you could please
confirm this in writing via return email by COB 12 September 2024.

 

Yours sincerely

PM&C FOI Team

 

PM&C FOI Team

Adviser

FOI Section | Legal Policy Branch[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country, One National Circuit, Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address] w. [2]pmc.gov.au

 

[3]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/

Dear Advisor,
It is extremely concerning that the evidence sought is not readily available and on public record.
However, I agree to an additional 14 days.

Jillian,
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.

FOI, Department of the Prime Minister and Cabinet

4 Attachments

OFFICIAL

 

FOI/2024/260

 

Dear Jillian

 

Please see attached correspondence regarding your Freedom of Information
request.

 

 

Yours sincerely

PM&C FOI Team

 

PM&C FOI Team

Adviser

FOI Section | Legal Policy Branch[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country, One National Circuit, Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address] w. [2]pmc.gov.au

 

[3]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/

Dear PM&C FOI Team,

Thank you, however, can you confirm the Proclamation you are referring to is the same document I have viewed at: https://www.pmc.gov.au/sites/default/fil... as that PROCLAMATION was not signed by
"General the Honourable David John Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia", and
"Honourable Anthony Albanese, the Prime Minister of Australia", (Anthony Norman Albanese, correct legal name not used?)
but by
"David Hurley, Governor-General" and "Anthony Albanese, Prime Minister". There is a "stamp" "L.S" but no official Seal of the Commonwealth of Australia. Can you please confirm is this the Proclamation you are referring to? The links in your response were not hyperlinked in the pdf I downloaded, and url was not visible.

If the instrument is the Commonwealth of Australia Constitution Act 1900, I seek the Head of power within that Constitution to establish a King of Australia, or should that be a new FOI request?

The Australian Symbols Booklet, page 22, refers to a Seal for use of Our Government of Australia, not the Government of the Commonwealth of Australia or Commonwealth Government. There is nothing with reference to the Commonwealth of Australia. There is no Seal on the document titled "PROCLAMATION", again, perhaps I am viewing the wrong document?

Thank you for clarification of the above points.

Jillian,
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.