Trial by Jury

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

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 refused by Attorney-General's Department.

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

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]
 
 
 
-----Original Message-----
From: Chris H [[4]mailto:[FOI #5911 email]]
Sent: Friday, 15 November 2019 10:57 PM
To: FOI Requests <[AGD request email]>
Subject: Freedom of Information request - Trial by Jury
 
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
 
-------------------------------------------------------------------
 
Please use this email address for all replies to this request:
[5][FOI #5911 email]
 
Is [6][AGD request email] the wrong address for Freedom of Information requests
to Attorney-General&#x27;s Department? If so, please contact us using this
form:
[7]https://www.righttoknow.org.au/change_re...
 
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
[8]https://www.righttoknow.org.au/help/offi...
 
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
 
 
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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
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

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FOI Requests, Attorney-General's Department

1 Attachment

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]

 

 

 

-----Original Message-----
From: Chris H [[6]mailto:[FOI #5911 email]]
Sent: Friday, 15 November 2019 10:57 PM
To: FOI Requests <[7][AGD request email]>
Subject: Freedom of Information request - Trial by Jury

 

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

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[8][FOI #5911 email]

 

Is [9][AGD request email] the wrong address for Freedom of Information requests
to Attorney-General&#x27;s Department? If so, please contact us using this
form:

[10]https://www.righttoknow.org.au/change_re...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[11]https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

 

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If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

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
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

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References

Visible links
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2. mailto:[AGD request email]
3. http://www.ag.gov.au/RightsAndProtection...
4. mailto:[AGD request email]
5. mailto:[AGD request email]
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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

FOI Requests, Attorney-General's Department

1 Attachment

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]

-----Original Message-----
From: Chris H [mailto:[FOI #5911 email]]
Sent: Thursday, 5 December 2019 6:55 PM
To: FOI Requests <[AGD request email]>
Subject: Re: Freedom of Information request - Trial by Jury

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

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #5911 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

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----------------------------------------------------
If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

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 personal information is protected by the Privacy Act 1988 and our privacy policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

hide quoted sections

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

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]

 

-----Original Message-----
From: Chris H [mailto:[FOI #5911 email]]
Sent: Sunday, 8 December 2019 5:05 PM
To: FOI Requests <[AGD request email]>
Subject: Re: Freedom of Information request - Trial by Jury

 

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

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[2][FOI #5911 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[3]https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

 

--------------------------------------------------------------------------

If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

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
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

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References

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2. mailto:[FOI #5911 email]
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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

Irene Nicolaou,

6 Attachments

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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FOI Requests, Attorney-General's Department

1 Attachment

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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If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

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
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

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References

Visible links
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2. mailto:[AGD request email]

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