Prohibitions in making an application to Tribunal
Attorney-General's Department did not have the information requested.
Dear Attorney-General's Department,
You do not need to respond to this question, as you have previously indicated that you lack jurisdiction to answer or transfer requests (questions) that can be dealt with by state agencies.
However, this particular question(s) could well be applicable to all states (their respective Tribunals), not just Victoria.
1. How many applicants (persons) are currently prohibited from making an application under the Residential Tenancies List at the Victorian Civil and Administrative Tribunal (VCAT)
2. Does the prohibition listed in (1) always apply to vexatious litigants.
3. If so, does VCAT explicitly say this when someone is barred (prohibited) from making further applications under the Residential Tenancies List.
From: FOI Requests
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From: FOI Requests
Dear Kushra Navartne
Thank you for your email on 9 July 2014.
In referring to your previous FOI request sent to the Department on 15 June 2014, we replied on 23 June 2014 advising that the Department did not hold the documents you had requested. We informed you that if we did not hear from you in 14 days we would take it that you had decided to withdraw your request to the Department. 14 days passed without a response from you so we understood that you had withdrawn your request.
As a result, we are treating your email of 9 July as a new request. We believe that this email is not a valid FOI request. This is because you do not describe the documents you are seeking in enough detail to allow officers of this Department to identify them. Also, it is not clear from what you have said that you intend to make an FOI request to this Department.
In order to be a valid FOI request your request must:
- be in writing (email is sufficient);
- state that the request is an applicant for the purposes of the Commonwealth Freedom of Information Act 1982 (The FOI Act);
- describe the documents you seek in enough detail to allow the decision-maker to identify and find them; and
- provide an address for reply.
You may e-mail your request to [AGD request email] or mail it to:
Freedom of Information and Privacy Section Office of Corporate Counsel Attorney-General's Department
3-5 National Circuit
BARTON ACT 2600
Under the FOI Act you can make a request to this Department for access to documents (except exempt documents) that this Department holds. We canâ€™t give you access to documents held by another government agency. Information held by Victorian government agencies may be accessible under Victorian State legislation. Other States and Territories have their own legislation about access to government information.
Your email is requesting information about the Victorian Civil and Administrative Tribunal (VCAT) which is a Tribunal established under a State Act: â€˜Victorian Civil and Administrative Tribunal Act 1998 (Vic). You also mention that your questions could be applicable to all States and their respective Tribunals. It is unclear exactly what you mean as you only refer to information relating to VCAT.
The Commonwealth Attorney-Generalâ€™s Department has no responsibility for legal systems in the States and Territories. This means we have no responsibility for State Courts and Tribunals.
This Department is a Commonwealth government agency and the FOI Act gives you the right to request access documents that we hold. It does not provide a framework for us to respond to general questions about our work or related issues. If you have questions about policy areas for which this department is responsible you might like to visit our website at http://www.ag.gov.au .
If you would like to make a request under the FOI Act for access to documents that this Department holds please follow the instructions detailed above. More information about making an FOI request to this Department is available at this website: http://www.ag.gov.au/RightsAndProtection....
We suggest you apply for access to documents in relation to VCAT through the Victorian State Government Freedom of Information website at this address: http://www.foi.vic.gov.au/home/about+us/. The information on this site applies to Victorian state and local government agencies only. This includes Ministers, State Government departments, local councils, public hospitals, most semi-government agencies and statutory authorities.
FOI Contact Officer
Freedom of Information and Privacy Section | Office of Corporate Counsel Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
Email: [AGD request email]