Jurisdiction and right
Dear ACT Health Protection Service,
The ACT Legislation: Magna Carta (1297) 25 Edw 1 c 29 ( https://www.legislation.act.gov.au/a/db_... ), reads:
"We will sell to no man, and we will not deny or defer to any man, either justice or right."
and, there is no ACT legislation that states/reads (or similar to):
1. a qualified employee (or assign) of the ACT Health Protection Service has the authority and right to order a man or woman in common law to give up a right.
2. a qualified employee (or assign) of the ACT Health Protection Service has the authority and right to order a man or woman in common law to carry out an order or demand or directive
Is there a internal policy or directive or law (or other) that makes the above (or similar) claims/statements (point 1 and 2)? If so, provide: a copy of the internal policy or directive or law (or other) and the name of the qualified employee or assign (or other) that made it.
Dated 18th October 2021
Godspeed,
i: a man; Shaun
OFFICIAL
Good morning i: a man; Shaun
I write to you regarding the Freedom of Information application you
submitted to the ACT Health Protection Service (HPS) with wording as
follows:
The ACT Legislation: Magna Carta (1297) 25 Edw 1 c 29 (
https://www.legislation.act.gov.au/a/db_... ), reads:
"We will sell to no man, and we will not deny or defer to any man, either
justice or right."
and, there is no ACT legislation that states/reads (or similar to):
1. a qualified employee (or assign) of the ACT Health Protection Service
has the authority and right to order a man or woman in common law to give
up a right.
2. a qualified employee (or assign) of the ACT Health Protection Service
has the authority and right to order a man or woman in common law to carry
out an order or demand or directive
Is there a internal policy or directive or law (or other) that makes the
above (or similar) claims/statements (point 1 and 2)? If so, provide: a
copy of the internal policy or directive or law (or other) and the name of
the qualified employee or assign (or other) that made it.
Section 30(2)(a) of the ACT Freedom of Information Act 2016 provides that
an application made under the Act must include enough detail to enable an
agency to identify the government information applied for. The application
as it stands does not provide the required level of detail. There are a
number of pieces of ACT legislation that enable suitably qualified
employees of a regulatory body, including HPS, to make an order or to give
a directive.
If you would like to provide further detail as to the information you
require or would like to discuss your application the ACT Health FOI team
can be contacted on (02) 5124 9831 or [1][email address] or you can
contact me directly using the details below.
Kind regards
References
Visible links
1. mailto:[email address]
Dear ACT Health FOI,
Thanks for your prompt response to i: a man. i will assist you with additional clarity.
As you have pointed out in your response:
"There are a number of pieces of ACT legislation that enable suitably qualified
employees of a regulatory body, including HPS, to make an order or to give
a directive."
The recipient of such an order or directive by any ACT Agency is a PERSON (or other legal entity) and such information is publicly available.
There is no public legislation (or other) that requires a man or woman in common law to carry out any order or directive (or other) by an employee (or PUBLIC SERVANT, or other) from the ACT Health Protection Service.
This leaves only internal ACT Health Protection Service directives (or similar) that a said employee (or PUBLIC SERVANT, or other) would rely on. Is there such a internal directive (or similar) that is not publicly available that would answer my questions?
dated 20th day of October 2021
Godspeed
i: a man; Shaun
OFFICIAL
Good afternoon i: a man; Shaun
I write to you again regarding the Freedom of Information application you submitted to the ACT Health Protection Service (HPS).
As previously advised Section 30(2)(a) of the ACT Freedom of Information Act 2016 provides that an application made under the Act must include enough detail to enable an agency to identify the government information applied for. The clarification email below still does not provide the required level of detail. Internal policies are based on ACT legislation that enables suitably qualified employees of a regulatory body, including HPS, to make an order or to give a directive.
If you wish to provide more detail on an order or directive specifically I may be able to assist further, but as far as I am aware they would be directed to a person or another legal entity.
If you would like to provide further detail as to the information you require or would like to discuss your application I again extend the offer to contact me directly using the details below.
Jonas Allen | Manager, Freedom of Information
Ph: (02) 5124 9833 | Email: [email address]
Dear ACT Health FOI,
I appreciate your response to my requirement of seeking internal information.
For additional clarity, at the following website: https://www.covid19.act.gov.au/home
there is information on Restrictions and Compliance that apply to PERSONs and legal entities and no public information that said Restrictions and Compliance apply to a man or woman in common law.
and the ACT Legislation: Magna Carta (1297) 25 Edw 1 c 29 ( https://www.legislation.act.gov.au/a/db_... ), reads: "We will sell to no man, and we will not deny or defer to any man, either justice or right."
In relation to COVID-19 Restrictions and Compliance, does:
1. a qualified employee (or assign) of the ACT Health Protection Service have the authority and right to order a man or woman in common law to give up a right?
2. a qualified employee (or assign) of the ACT Health Protection Service have the authority and right to order a man or woman in common law to carry out an order or demand or directive (or other)?
Is there a internal policy or directive or law (or other) that makes the above (or similar) claims/statements (point 1 and 2)? If so, provide: a copy of the internal policy or directive or law (or other) and the name of the qualified employee or assign (or other) that made it.
dated the 27th day of October 2021
Godspeed
i: a man; Shaun
OFFICIAL
Good morning i: a man; Shaun
The ACT Health Directorate does not write internal policy or procedures or
draft legislation differentiating a person or legal entities from a man or
woman in common law. ACT legislation requires compliance with the Human
Rights Act 2004. ACT legislation is published on the ACT legislation
Register and ACT Health Policies are published on the ACT Health Website
at
[1]https://www.health.act.gov.au/about-our-...
. Internal policies are based on ACT legislation that enables suitably
qualified employees of a regulatory body, including HPS, to make an order
or to give a directive.
Restrictions and Compliance on the website you provided apply to ACT
Residents and visitors while in the ACT. If you wish to provide more
detail on a specific order or directive issued by the ACT Health
Directorate to enable the agency to identify the government information
applied for, in accordance with section 30 of the FOI or would like to
discuss the matter lease contact me on the details provided.
Kind regards
Jonas Allen | Manager, Freedom of Information
Ph: (02) 5124 9833 | Email: [email address]
OFFICIAL
Good Afternoon i: a man; Shaun,
Please find attached a letter regarding the closure of FOI application
ACTHDFOI21-22.28 following no reply to previous correspondence.
This does not preclude you seeking access to the requested information if
you can provide the clarification requested.
Kind regards,