Right of man

i: a man; Shaun made this Freedom of Information request to ACT Health Protection Service

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear ACT Health Protection Service,

i, require an answer to the following:

The ACT Government 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."

There is no publicly available information that reads/states (or is similar to):

1. "a PUBLIC SERVANT or qualified employee of the ACT Health Protection Service must/can ignore ACT Government Legislation: Magna Carta (1297) 25 Edw 1 c 29 and the Magna Carta (1297) 25 Edw 1 c 29";

2. "a PUBLIC SERVANT or qualified employee of the ACT Health Protection Service must/can deny or defer a man (or a woman) right."

i, require the internal policy or directive or law (or other) that makes the above (or similar) claims/statements (point 1 and 2) and the name of the qualified employee or assign (or other) that made it.

dated the 20th day of October 2021

i: a man; Shaun

Dear ACT Health Protection Service,

Please pass this on to the qualified employee who conducts Freedom of Information reviews.

i am writing for an internal review of ACT Health Protection Service's handling of my FOI request 'Right of man'. No response or acknowledgement has been provided and no request for additional time has been sought.

A full history of this FOI communication and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/r...


dated this 13th day of January 2022

i: a man; Shaun

ACT Health FOI, ACT Health Protection Service


Good morning i: a man; Shaun

Internal reviews are not permitted under the ACT Freedom of Information Act 2016 (FOI Act). The review and complaints mechanism under the FOI Act is the ACT Ombudsman. Section 69 of the FOI Act provides for complaints regarding the adequacy of an agency's response to an access application.

Previous correspondence regarding this matter addressed to [email address] advised that 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. 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.

It further advised that Restrictions and Compliance on the website you provided applied to ACT Residents and visitors while in the ACT.

You were invited under section 31 of the FOI Act 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 to contact the FOI team to discuss the matter further. This offer is still open to you, although the matter may be formally closed as of 3 February 2021. Should this occur you are not precluded from submitting the application at a later date with the information required.

Kind regards

Jonas Allen | Manager, Freedom of Information
Ph: (02) 5124 9833 | Email: [email address]

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