Trial by Jury

Chris H made this Freedom of Information request to Attorney-General's Department

The request was refused by Attorney-General's Department.

From: Chris H

Delivered

Dear Attorney-General's Department,

This request is an application for the purpose of the Freedom of Information Act 1982.

I would like to request documents or any relevant information that suggest that not all trials require a jury.

Or, provide any documents that overrule or suggest that section 80 of the 'Commonwealth of Australia Constitution Act 1900' is invalid.

The 'Commonwealth of Australia Constitution Act 1900' states:

Section

80 Trial by Jury

The trial on indictment of any offence against any law of the Commonwealth shall be by jury, and every such trial shall be held in the State where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Parliament prescribes.

Yours faithfully,

Chris H

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From: FOI Requests
Attorney-General's Department

Dear Chris H
 
Freedom of Information Request FOI19/263
       
I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to documents.
 
'I would like to request documents or any relevant information that
suggest that not all trials require a jury.
 
Or, provide any documents that overrule or suggest that section 80 of the
'Commonwealth of Australia Constitution Act 1900' is invalid.
 
The 'Commonwealth of Australia Constitution Act 1900' states:
 
Section
 
80 Trial by Jury
 
The trial on indictment of any offence against any law of the Commonwealth
shall be by jury, and every such trial shall be held in the State where
the offence was committed, and if the offence was not committed within any
State the trial shall be held at such place or places as the Parliament
prescribes.'
 
If you disagree with this interpretation of your request, please let me
know in writing as soon as possible.
 
The department received your request on 15 November 2019 and the 30 day
statutory period for processing your request commenced from the day after
that date.  You should therefore expect a decision from us by 16 December
2019.  However, the period of 30 days may be extended if the department
needs to consult third parties or for other reasons. We will advise you if
this happens.
 
Where the documents within the scope of an FOI request include the
personal information of junior officers of the department or other
government agencies, the department’s practice is to not disclose that
information (e.g., names, contact details).  The names and contact details
of senior officers will generally be disclosed. In addition, duplicates
and incomplete email chains within the scope of the FOI request will be
excluded.
 
Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department’s disclosure log
[1]http://www.ag.gov.au/RightsAndProtection....
 
If you have any questions, please contact Fiona by telephone on (02) 6141
6666 or by email [2][AGD request email].
 
Yours sincerely
 
Fiona
FOI Case Officer
 
Freedom of Information and Parliamentary | Strategy and Governance Branch
Attorney-General’s Department
T: 02 6141 6666| E: [3][AGD request email]
 
 
 

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From: FOI Requests
Attorney-General's Department


Attachment FOI19 263 Practical Refusal Notice.pdf
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Dear Chris H

Freedom of Information Request FOI19/263 – Request Consultation Process

Attached is a notice of intention to practically refuse in respect of your
Freedom of Information request.

 

Before the decision maker makes a decision, 24AB of the FOI Act provides
for a ‘request consultation process’.  This means you have 14 days in
which to respond to this notice revising your request in one of the ways
described in the attached letter. We expect to hear from you by 19
December 2019.

 

If you have any questions, please contact Fiona by telephone on (02) 6141
6666 or by email [1][AGD request email].

 

Yours sincerely

 

Fiona

FOI Case Officer

 

Freedom of Information and Parliamentary | Strategy and Governance Branch

Attorney-General’s Department

T: 02 6141 6666| E: [2][AGD request email]

 

_____________________________________________
From: FOI Requests
Sent: Thursday, 21 November 2019 11:32 AM
To: [FOI #5911 email]
Cc: FOI Requests <[AGD request email]>
Subject: CM: Acknowledgement of Receipt of FOI Request: FOI19/263
[SEC=UNCLASSIFIED]

 

 

Dear Chris H

 

Freedom of Information Request FOI19/263

               

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to documents.

 

'I would like to request documents or any relevant information that
suggest that not all trials require a jury.

 

Or, provide any documents that overrule or suggest that section 80 of the
'Commonwealth of Australia Constitution Act 1900' is invalid.

 

The 'Commonwealth of Australia Constitution Act 1900' states:

 

Section

 

80 Trial by Jury

 

The trial on indictment of any offence against any law of the Commonwealth
shall be by jury, and every such trial shall be held in the State where
the offence was committed, and if the offence was not committed within any
State the trial shall be held at such place or places as the Parliament
prescribes.'

 

If you disagree with this interpretation of your request, please let me
know in writing as soon as possible.

 

The department received your request on 15 November 2019 and the 30 day
statutory period for processing your request commenced from the day after
that date.  You should therefore expect a decision from us by 16 December
2019.  However, the period of 30 days may be extended if the department
needs to consult third parties or for other reasons. We will advise you if
this happens.

 

Where the documents within the scope of an FOI request include the
personal information of junior officers of the department or other
government agencies, the department’s practice is to not disclose that
information (e.g., names, contact details).  The names and contact details
of senior officers will generally be disclosed. In addition, duplicates
and incomplete email chains within the scope of the FOI request will be
excluded.

 

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department’s disclosure log
[3]http://www.ag.gov.au/RightsAndProtection....

 

If you have any questions, please contact Fiona by telephone on (02) 6141
6666 or by email [4][AGD request email].

 

Yours sincerely

 

Fiona

FOI Case Officer

 

Freedom of Information and Parliamentary | Strategy and Governance Branch

Attorney-General’s Department

T: 02 6141 6666| E: [5][AGD request email]

 

 

 

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From: Chris H

Delivered

Dear Attorney-General's Department,

The 'Practical refusal notice' has mentioned to refer to two attachments which are:

"Section 24AA and 24AB of the FOI Act"

and

"Review Rights"

However, these attachments are not present in the notice.

Can you resend this notice with those two attachments included?

Yours faithfully,

Chris H

Link to this

From: FOI Requests
Attorney-General's Department


Attachment FOI19263 Practical Refusal Notice.pdf
238K Download View as HTML


Dear Chris H

Thank you for your email.

Please find the Practical Refusal Notice and Attachments.

Yours sincerely

Fiona
FOI Case Officer

Freedom of Information and Parliamentary | Strategy and Governance Branch
Attorney-General’s Department
T: 02 6141 6666| E: [AGD request email]

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From: Chris H

Delivered

Dear Attorney-General's Department,

This request is an application for the purpose of the Freedom of Information Act 1982.

I would like to request the most recent document related or makes reference to 'Section 80 Trial by Jury' in the Commonwealth of Australia Constitution Act 1900.

Yours faithfully,

Chris H

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From: FOI Requests
Attorney-General's Department

Dear Chris H,

 

Thank you for your email. The Attorney-General's Department (the
department) would be grateful if you can clarify whether your email below
is a new request, or if it is a response to the practical refusal notice
which was sent to you on 5 December 2019 in relation to FOI19/263.

 

If this is a new request, please let the department know if you are
withdrawing your previous request (FOI19/263).

 

We would be grateful for your response by COB Wednesday, 11 December 2019.

 

Kind regards,

Euphrasia

FOI Case Officer

 

Freedom of Information and Parliamentary | Strategy and Governance Branch
Attorney-General’s Department

T: 02 6141 6666| E: [1][AGD request email]

 

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From: Chris H

Delivered

Dear Attorney-General's Department,

In response to your previous message, I had made a new request and would like to withdraw my previous request.

Yours faithfully,

Chris H

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From: Irene Nicolaou


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Attachment RQ1903564 Decision to A.pdf
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Dear Chris H

 

Please see attached correspondence regarding your FOI request.

 

Kind regards

 

[1]cid:image001.jpg@01D446AF.83C3DEE0   Irene Nicolaou  | Director (A/g)

Freedom of information

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  [2]oaic.gov.au
[7]Subscribe
[3]cid:image002.png@01D446AF.83C3DEE0 | [4]cid:image003.png@01D446AF.83C3DEE0 | [5]cid:image004.png@01D446AF.83C3DEE0 |   [6]cid:image005.png@01D446AF.83C3DEE0 to
Information
Matters

 

 

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From: FOI Requests
Attorney-General's Department


Attachment Attorney Generals Decision FOI19 283.pdf
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Dear Chris H

 

Freedom of Information Request FOI19/283

 

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to documents.

 

The purpose of this email is to provide you with a decision in response to
that request. 

 

Please find attached:

- decision letter and review rights

 

If you have any questions, please contact Fiona by telephone on
(02) 6141 6666 or by email [1][AGD request email].

 

Fiona

FOI Case Officer

 

Freedom of Information and Parliamentary | Strategy and Governance Branch

Attorney-General’s Department

T: 02 6141 6666| E: [2][AGD request email]

 

 

 

 

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Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
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If you have an enquiry or complaint about your privacy, please contact the
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