Misleading Response to FOI Communication

i: a man; Shaun made this Freedom of Information request to Federal Court of Australia

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, Federal Court of Australia should have responded by now (details). You can complain by requesting an internal review.

Dear Federal Court of Australia,

On the 27th of October 2021, Rohan Muscat in the position of National Registrar, responded to a FOI communication "A Court of Law" dated 22 October 2021 and can be viewed at the following URL:
https://www.righttoknow.org.au/request/a...

Rohan's Response:
https://www.righttoknow.org.au/request/a...

In Rohan's response, Rohan either deliberately or from oversight re-styled the scope of the documents sought by changing "a man (or woman)" to "person" (a legal entity) as the part response below shows:
__________
Documents that cannot be found or do not exist – subsection 24A(1)

The second part of your email says that you “require the internal policy or directive or law or rule (or other)” that would be relied upon by public servants including to deny a person right to justice and access to the Court. To the extent that your request – or at least this part of your request – does seek access to “a document of an agency”, I am unable to provide you with any such documents, because those documents cannot be found or do not exist.
___________

i require any internal emails or documents that relate to the response to the original FOI communication; and an explanation from Rohan why the scope was changed; and a qualified employee to correctly carry out a search of said documents from said FOI communication.

The original text from said FOI Communication is below as a fyi:
____________
The Federal Court of Australia is a Court of Law and the Law of the land is common law and there is no public Federal legislation, law, rule (or other) to the contrary. Is there an internal policy, directive, rule, law (or other) that:

1. deny or defer a man (or woman) right to justice? and,
2. deny or defer a man (or woman) right to access to the Federal Court of Australia - a Court of Law, to prosecute a claim in common law?

i, require the internal policy or directive or law or rule (or other) that makes the above (or similar) claim/statement (point 1 and 2) that a PUBLIC SERVANT or qualified employee or assign of the said Court would depend on to: deny or defer a man (or woman) right to justice, and, deny or defer a man (or woman) right to access the said Court, and, the name of the qualified employee, PUBLIC SERVANT or assign (or other) that made it.
_____________

godspeed

dated 22nd day of February 2022

i: a man; Shaun

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Shaun

Please find attached correspondence from the Federal Court of Australia.

Kind regards
FOI Officer

show quoted sections

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Shaun

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Dear FOI Officer/Public Servant,

i require clarification as a result of your communication as your response is unclear and doesn't appear to address the original search requirement:

It is claimed by Rohan from the said Federal Court, responding to the second part of the original FOI email ("A Court of Law" dated 22 October 2021), that a search was in fact undertaken, but that search was deliberately or by oversight, restyled/modified to exclude "a man (or woman)" and to include "a person".

Was a search for documents from the referenced original FOI email conducted and without the restyling/changing of the content from "a man (or woman)" to "a person" (a legal entity)? If so, what documents were found, If no search was conducted, why not?

godspeed

dated 1 April 2022

i: a man; Shaun