Queensland Magistrates Performing Extradition Functions

Greg Finlayson made this Right to Information request to Queensland Public Records Review Committee

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Queensland Public Records Review Committee did not have the information requested.

Dear Queensland Public Records Review Committee,

I act for Talalelei Pauga a person the subject of an extradition request pursuant to the Extradition Act 1988.
Please note that section 45B Of the Extradition Act provides:
“Magistrates and Federal Circuit Court Judges--personal capacity
(1) A function or power conferred on a magistrate or eligible Federal Circuit Court Judge by this Act is conferred on the magistrate or Judge:
(a) in a personal capacity; and
(b) not as a court or a member of a court.”

In the case of magistrates, this occurs under an arrangement between the Governor General and the Governor of the State.

Please see attached Gazette containing the arrangements in question.

Can you please advise who keeps the records of Queensland Magistrates performing those functions.

Do you regard them as public records?

I thank you in advance for your assistance.

Yours faithfully,

Greg Finlayson
greg.finlayson@diaspora.legal

QSA Res - Info (Archives), Queensland Public Records Review Committee

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QSA Res - Info (Archives), Queensland Public Records Review Committee

Ref 20/29979

Dear Greg

RE Queensland Magistrates Performing Extradition Functions

 

Thank you for your email sent 31 October 2020 seeking help to locate
records on Queensland Magistrates Performing Extradition Functions as per
Federal Circuit Court Judge extradition functions post 1988.

A Right to Information request in this instance is not applicable with
regards to Queensland State Archives. Search of our catalogue and finding
aids failed to locate any records of relevance. We suggest you contact the
Federal Court of Australia Library & Information Services (see
[1]https://www.fedcourt.gov.au/digital-law-...) see their
contact page ([2]https://www.fedcourt.gov.au/contact/qld) for assistance.

 

Also the Supreme Court Library of Queensland may be able to assist you
with the Queensland Courts information on Queensland Magistrates
Performing Extradition Functions, see: [3]https://www.sclqld.org.au/ and
contact them at: [4]https://www.sclqld.org.au/about-us/conta... (online
enquiry form).

 

Good luck with your search,

Kind regards

 

 

 

Saadia Thomson Dwyer
Senior Reference Archivist, Access Services | Access and Engagement
Queensland State Archives | Department of Housing and Public Works
435 Compton Road | Runcorn QLD 4113

PO Box 1397 | Sunnybank Hills QLD 4109

ph 07 3037 6777 | email [5][Queensland Public Records Review Committee request email]

[6]archives.qld.gov.au  [7]facebook.com/qldstatearchives 
[8]twitter.com/qsarchives

 

Customers first | Ideas into action | Unleash potential | Be courageous |
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walk, I work, I live and respect.

 

-----Original Message-----
From: Greg Finlayson <[FOI #6854 email]>
Sent: Saturday, 31 October 2020 10:56 PM
To: QSA Res - Info (Archives) <[Queensland Public Records Review Committee request email]>
Subject: Right to Information request - Queensland Magistrates Performing
Extradition Functions

 

Dear Queensland Public Records Review Committee,

 

I act for Talalelei Pauga a person the subject of an extradition request
pursuant to the Extradition Act 1988.

Please note that section 45B Of the Extradition Act provides:

“Magistrates and Federal Circuit Court Judges--personal capacity

(1) A function or power conferred on a magistrate or eligible Federal
Circuit Court Judge by this Act is conferred on the magistrate or Judge:

(a) in a personal capacity; and

(b) not as a court or a member of a court.”

 

In the case of magistrates, this occurs under an arrangement between the
Governor General and the Governor of the State.

 

Please see attached Gazette containing the arrangements in question.

 

Can you please advise who keeps the records of Queensland Magistrates
performing those functions.

 

Do you regard them as public records?

 

I thank you in advance for your assistance.

 

Yours faithfully,

 

Greg Finlayson

[9]greg.finlayson@diaspora.legal

 

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***************************** Disclaimer *****************************

The contents of this electronic message and any attachments are intended
only for the addressee and may contain privileged or confidential
information. They may only be used for the purposes for which they were
supplied. If you are not the addressee, you are notified that any
transmission, distribution, downloading, printing or photocopying of the
contents of this message or attachments is strictly prohibited. The
privilege or confidentiality attached to this message and attachments is
not waived, lost or destroyed by reason of mistaken delivery to you. If
you receive this message in error please notify the sender by return
e-mail or telephone.

Please note: the Department of Housing and Public Works carries out
automatic software scanning, filtering and blocking of E-mails and
attachments (including emails of a personal nature) for detection of
viruses, malicious code, SPAM, executable programs or content it deems
unacceptable. All reasonable precautions will be taken to respect the
privacy of individuals in accordance with the Information Privacy Act 2009
(Qld). Personal information will only be used for official purposes, e.g.
monitoring Departmental Personnel's compliance with Departmental Policies.
Personal information will not be divulged or disclosed to others, unless
authorised or required by Departmental Policy and/or law.

Thank you.

!hpwstamp!

References

Visible links
1. https://www.fedcourt.gov.au/digital-law-...
2. https://www.fedcourt.gov.au/contact/qld
3. https://www.sclqld.org.au/
4. https://www.sclqld.org.au/about-us/conta...
5. mailto:[email address]
6. http://www.archives.qld.gov.au/
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
9. mailto:greg.finlayson@diaspora.legal
10. mailto:[FOI #6854 email]
11. mailto:[Queensland Public Records Review Committee request email]
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