LEX 11028 Decision letter.pdf

FOI Reference: LEX 11028
File Reference: 24/22284
26 June 2024
Bob
Right to Know
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Bob
RE: Freedom of Information Request
I refer to your request received by the Department of Foreign Affairs and Trade (the
department) on 5 June 2024 for access under the Freedom of Information Act 1982 (the
FOI Act) to:
I require the Department to provide the documented provisions (or special
provisions), legislation, policy or other documents that:
A. Ensure the right of a man (a non-legal entity) is not interfered with whilst moving
between diﬀerent land masses (commonly known as a unincorporated country, or
within the realm/Commonwealth) as further described by points 1 and 2 below:
1. The Attorney General's Department has provided information via a FOI request (
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttok
now.org.au%2Frequest%2F11344%2Fresponse%2F34837%2Fattach%2F3%2FFOI24%
2520213%2520Decision%2520letter%2520with%2520Attachment.pdf&data=05%7C0
2%7Cfoi%40dfat.gov.au%7Cee5b994633184f76314908dc8558c9c2%7C9b7f23b30e8
347a58a40ﬀa8a6fea536%7C0%7C0%7C638531863728710718%7CUnknown%7CTWF
pbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0
%3D%7C20000%7C%7C%7C&sdata=19iWj2LFXXtGO4gnWXfGpgps7NF1gQUIPpBzyQ
PQiTc%3D&reserved=0 ), reference: FOI24/213; CM24/8446, dated 20 May 2024,
that: there is no legislation or documents that give a Federal Agency, and/or Federal
Employee, and/or other Federal personnel jurisdiction over a man; and
2. Various Australian States and Territories and the Commonwealth [the realm], have
legislation enforced that ensure a man is not denied or deferred either justice or right.
Nor can a man can be disseised of liberties. For example, ACT Legislation:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.legislatio
n.act.gov.au%2FView%2Fa%2Fdb 1781%2Fcurrent%2Fhtml%2Fdb 1781.html&data=
05%7C02%7Cfoi%40dfat.gov.au%7Cee5b994633184f76314908dc8558c9c2%7C9b7f2
R G Casey Building John McEwen Cres Barton 0221
DFAT.GOV.AU
T +61 2 6261 1111
@DFAT

3b30e8347a58a40ﬀa8a6fea536%7C0%7C0%7C638531863728720125%7CUnknown
%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJX
VCI6Mn0%3D%7C20000%7C%7C%7C&sdata=9J0ZkZE5g7Z8hhwPY3aDDCyVX%2BFAB
OErdhHlDHquSQ0%3D&reserved=0 , and similar/same for the United Kingdom, New
Zealand, and others.

B. If the Department has no provisions (or special provisions) or documents to ensure
the right and liberty of a man is not denied/disseised, I require the policy, legislation,
or other documents that the Department of Foreign Aﬀairs and Trade can:

1. require a man into involuntary servitude; and 2. deny a man the right to move
between land masses; and 3. deny a man liberty

On 6 June 2024, the department notiﬁed you that the department does not track the
movement of people across Australian borders, nor do we track the movement of people
within, or between, States and Territories. As such, the department would not ordinarily
hold any of the documents that you have requested.

The same day you replied stating:

Thanks for your prompt response with information supplied. This has helped to
narrow the request to the information sought, hence to help clarify the request, some
additional information is provided:

i. This request is not about movement of 'people', or movement between States and
Territories, or movement of legal entities (such as PERSONs, Individuals, Citizens)
across borders, or movement records; and

i . noting that the Department is responsible for issuance of Passports to permit legal
entities travel across Country borders, then it would be expected that the Department
(DFAT) provides provisions/special provisions or special arrangements to ensure a
man's right of liberty to movement (across a Country border) is not interfered with;
and

i i. Points 1 and 2 of the original FOI request in Section A is background information
and wil help identify the requested documents.

I have amended the original request to read as fol ows:

As the Department (DFAT) is responsible for the issuance and management of
Passports that other Federal Departments and Agencies depend on that relate to
borders, commerce of legal entities across borders, I require the Department to
provide the documented provisions (or special provisions), or special arrangements,
any non-published Legislation, Legislation, policy, or other documents that:
A. Ensure the right of a man (a non-legal entity) is not interfered with whilst moving
between diﬀerent land masses, across a Country border, or across The
Commonwealth. The information in points 1 and 2 below provide background to the

right of man and the legislation enforced across The Commonwealth and various
Countries to ensure the right, liberty and justice of a man is not denied:

1. The Attorney General's Department has provided information via a FOI request
reference (see link in original request in this email thread): FOI24/213; CM24/8446,
dated 20 May 2024, that: there is no legislation or documents that give a Federal
Agency, and/or Federal Employee, and/or other Federal personnel jurisdiction over a
man; and

2. Various Australian States and Territories, Countries (such as the United Kingdom,
New Zealand) and The Commonwealth [the realm], have legislation enforced that
ensure a man is not denied or deferred either justice or right. Nor can a man can be
disseised of liberty. An example of this legislation can be found
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.legislatio
n.act.gov.au%2FView%2Fa%2Fdb 1781%2Fcurrent%2Fhtml%2Fdb 1781.html&data=
05%7C02%7Cfoi%40dfat.gov.au%7C1bcc23f6f60e4de3a9b708dc85dede54%7C9b7f2
3b30e8347a58a40ﬀa8a6fea536%7C0%7C0%7C638532439644051084%7CUnknown
%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJX
VCI6Mn0%3D%7C40000%7C%7C%7C&sdata=tDO7yZzL%2BeOzI2kR6Fh78N4CEFY6TR
DiUEEu7YSeQoA%3D&reserved=0 and is similar/same to the United Kingdom, New
Zealand, The Commonwealth, and others.

B. If the Department (DFAT) has no documented provisions (or special provisions), or
special arrangements, or any non-published legislation, policy or other documents to
ensure the right and liberty of a man is not denied/disseised when moving: between
land masses, across a Country Border, or throughout The Commonwealth, then, I
require the policy, legislation, or other documents that the Department of Foreign
Aﬀairs and Trade can:

1. require a man into involuntary servitude by requiring a man give up rights and
liberties to involuntary serve under the limited and revocable rights of a legal entity
with a Passport in order to move between land masses, a Country Border, or
throughout The Commonwealth; and

2. deny a man the right to move between land masses, a Country Border, or
throughout The Commonwealth; and

3. deny a man liberty

I am writing to provide you with a decision about your request.

Decision

I am an officer authorised under section 23 of the FOI Act to make decisions in relation to
FOI requests and have been appointed as the decision-maker on your request.

Thorough searches conducted by the Australian Passport Office (APO) and the General
Counsel Branch (GCB) found no documents matching the description of the documents you
requested.

In accordance with section 24A(1) of the FOI Act, your request for access to documents is
refused as al  reasonable steps have been taken to find the documents and I am satisfied
that the documents do not exist.

Sections of the FOI Act referenced in my decision letter can be found online at
www.legislation.gov.au.

Review rights

Information about your review rights is set out in the Attachment for your reference.

Additional information

The department’s website provides a variety of policy information in relation to passports,
accessible at www.dfat.gov.au/about-us/publications/corporate/passports/passport-policy.

Contact

Should you have any queries regarding this decision please contact the Freedom of
Information Section by email: xxx@xxxx.xxx.xx.

Yours sincerely

Joe McNamara
A/g Director
Freedom of Information Section

Attachment

Your review rights
Internal review

You may apply for internal review of the decision (section 54 of the FOI Act). The internal
review application must be made within 30 calendar days from the day you receive this
notice.

Where possible, please attach reasons why you believe review of the decision is necessary.

The internal review will be carried out by another oﬃcer within 30 days.
Any request for internal review should be directed via email to xxx@xxxx.xxx.xx or addressed
to:

Freedom of Information Section
Department of Foreign Aﬀairs and Trade
R G Casey Building
John McEwen Crescent
Barton ACT 0221
Australia

Australian Information Commissioner

You may apply to the Australian Information Commissioner to review my decision (section
54L of the FOI Act).  To do this, you must contact the Australian Information Commissioner
within 60 calendar days from the day you receive this notice.

You may also make a complaint to the Australian Information Commissioner about the
Department’s actions in relation to this decision (section 70 of the FOI Act). Making such a
complaint about the way the Department has handled your FOI request is a separate process
to seeking review of my decision.

Further information on applying for an Australian Information Commissioner review is
available at: www.oaic.gov.au/freedom-of-information/your-freedom-of-information-
rights/freedom-of-information-reviews.

Further information about how to make a complaint is available at:
www.oaic.gov.au/freedom-of-information/your-freedom-of-information-rights/freedom-of-
information-complaints.