QLD Public Health Act 2005. Part 7 A particular powers for Covid 19 emergency
Brett Wilson made this Right to Information request to Queensland Department of Justice and Attorney-General
This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.
Dear Queensland Department of Justice and Attorney-General,
This FOI relates to the QLD Public Health Act 2005.
The Quick and Garran Annotated Constitution of the Australian Commonwealth at sub section 132. '' Subject of the Queen.'' defines natural born subjects where it says - At common law everybody, who's birth happens within the allegiance of the Crown, is a natural-born subject. ''The character of a natural-born subject, anterior to any statutes, was incidental to birth only; whatever were the situations of his parents, the being born within the allegiance of the King constitutes a natural born subject.''
Constitution Act 1900.
Covering Clause 2.
The provisions of this Act referring to the Queen shall extend to Her Majesty’s heirs and successors in the sovereignty of the United Kingdom.
The following information is requested:
That you satisfy the presumption that the QLD Public Health Act 2005 Part 7 A particular powers for Covid 19 emergency is operating, can be applied to a Subject of the Queen, as per the Queen and head of power listed in Covering Clause 2 of the Commonwealth Constitution, restricting freedom of movement of a subject.
It is requested that you provide evidence of a copy of an Act or Instrument under the Public Health Act 2005, that satisfies the presumption that binds a Subject of the Queen to the Public Health Act 2005, the Act.
It is requested the information be provided within 28 days of this request having been made.
Take Notice: There may be legal action taken, if you fail to provide the evidence requested and to satisfy the presumption that the QLD Parliament has the authority to restrict the freedom of movement and or public gatherings, fine arrest or penalise a man or woman acting in their capacity as a subject of the Queen as defined at sub section 132 of The Quick and Garran Annotated Constitution of the Australian Commonwealth.
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Department of Justice and Attorney-General
Dear Queensland Department of Justice and Attorney-General,
You have a legal requirement to reply to this individual FOI Request which is now outside the Statutory time limit for reply. The Guidelines issued by the Australian Information Commissioner under s 93A of the Freedom of Information Act 1982, discloses that If the agency is not the primary point of contact for the matter requiring consultation, it should seek the assistance of the agency with that responsibility. In this case if you do not have access to the information requested, the appropriate action is to transfer the request, either in full or in part to that other agency that has access.
The guidelines state the following: Mandatory transfer of requests 2.20 Certain FOI requests must be transferred to another agency (s 16(3)). This requirement applies to FOI requests for documents originating with or received from agencies that are exempt or partly exempt from the FOI Act (in particular, those outlined at [2.12]–[2.13] above) Although this is a Commonwealth Act, the same principles must apply in this case.
The request can be transferred under the QLD Right to Information Act 2009, Division 4, 38 (2)
Transfer of application.
This is a simple request. The Hon Yvette D'Ath (Redcliffe) is the current Attorney-General and Minister for Justice. She has ultimate oversight and responsibility to ensure her FOI Officers are processing FOI Requests IAW Statutory requirements.
No matter who has the documents/information requested, your office has an obligation and duty under the Act to transfer it to the responsible agency that can provide the requested information.
By not doing this, the QLD Office of the Attorney-General and Minister for Justice is not operating in the spirit of the FOI Act (Cth) or the QLD Right to Information Act 2009, and if the Minister and your office chooses to continue to operate in this unethical and lazy way, we can reasonably assume it is a rogue agency, as the Information Commissioner told the newspapers last year where he talked about Government Departments and agency's going rogue by ignoring their Statutory responsibilities and duties in relation to Freedom of Information or words to that effect