Authority to alter or destroy titles
Dear Landgate,
Please provide the document or instrument which enables Landgate employees to alter or destroy registrations of Titles of property held in fee simple and originally Crown granted.
Regards,
Concerned non-corporate property title holder
Thank you for contacting Landgate. We will respond to your email within
five working days.
If your email is regarding a request for an image of a historical
Certificate of Title, we will respond to you within twenty working days.
For certified copies of; Images of historical Certificates of Titles we
will respond within thirty working days.
You can also chat to our Customer Service team online. Please visit
[1]landgate.wa.gov.au between 8:30am and 4:30pm to have your questions
answered by one of our team members. Look for the 'Chat Now' button in the
bottom right-hand corner of the page.
Alternatively, you can contact us via phone on +61 (08) 9273 7373.
Please note this is an automated response.
Kind Regards.
Customer Service
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7373
W: [2]www.landgate.wa.gov.au
[3]A picture containing art, graphic design, graphics, poster Description
automatically generated
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.
This e-mail and any files transmitted with it are intended only for the
use of the addressee(s). It may contain information that is confidential
and privileged, in which case neither is intended to be waived or lost by
mistaken delivery to you. If you are not an intended recipient, any use,
interference with, disclosure, distribution or copying of this material is
unauthorised and prohibited. If you receive this e-mail in error, please
notify the sender by return e-mail and delete the message and any
attachments from your system. Unless specifically indicated, this e-mail
does not constitute formal advice or commitment by the sender or the
Western Australian Land Information Authority (Landgate). Information in
this message not relating to the official business of Landgate shall be
understood as neither given nor endorsed by it. It is your responsibility
to check any attachments for viruses and defects before opening or sending
them on. Landgate’s liability is limited to re-supplying affected
attachments.
References
Visible links
1. http://landgate.wa.gov.au/
2. http://www.landgate.wa.gov.au/
http://www.landgate.wa.gov.au/
Dear Landgate,
As suspected, and as the evidence now shows, Landgate and agents of, have NO authority in law to alter titles, edit titles, withhold or destroy titles.
Notice in accordance with law coming your way.
Without waiver of any rights under the Commonwealth or our Creator,
Jillian
Thank you for contacting Landgate. We will respond to your email within
five working days.
If your email is regarding a request for an image of a historical
Certificate of Title, we will respond to you within twenty working days.
For certified copies of; Images of historical Certificates of Titles we
will respond within thirty working days.
You can also chat to our Customer Service team online. Please visit
[1]landgate.wa.gov.au between 8:30am and 4:30pm to have your questions
answered by one of our team members. Look for the 'Chat Now' button in the
bottom right-hand corner of the page.
Alternatively, you can contact us via phone on +61 (08) 9273 7373.
Please note this is an automated response.
Kind Regards.
Customer Service
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7373
W: [2]www.landgate.wa.gov.au
[3]A picture containing art, graphic design, graphics, poster Description
automatically generated
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.
This e-mail and any files transmitted with it are intended only for the
use of the addressee(s). It may contain information that is confidential
and privileged, in which case neither is intended to be waived or lost by
mistaken delivery to you. If you are not an intended recipient, any use,
interference with, disclosure, distribution or copying of this material is
unauthorised and prohibited. If you receive this e-mail in error, please
notify the sender by return e-mail and delete the message and any
attachments from your system. Unless specifically indicated, this e-mail
does not constitute formal advice or commitment by the sender or the
Western Australian Land Information Authority (Landgate). Information in
this message not relating to the official business of Landgate shall be
understood as neither given nor endorsed by it. It is your responsibility
to check any attachments for viruses and defects before opening or sending
them on. Landgate’s liability is limited to re-supplying affected
attachments.
References
Visible links
1. http://landgate.wa.gov.au/
2. http://www.landgate.wa.gov.au/
http://www.landgate.wa.gov.au/
Dear Landgate,
Your failure to provide the instrument that gives authority to a Landgate employee to alter or destroy titles is expected.
If you could provide an instrument purporting such, what is the full royal Title (name) of the monarch, from where that authority flows?
Yours faithfully,
Jillian
Thank you for contacting Landgate. We will respond to your email within
five working days.
If your email is regarding a request for an image of a historical
Certificate of Title, we will respond to you within twenty working days.
For certified copies of; Images of historical Certificates of Titles we
will respond within thirty working days.
You can also chat to our Customer Service team online. Please visit
[1]landgate.wa.gov.au between 8:30am and 4:30pm to have your questions
answered by one of our team members. Look for the 'Chat Now' button in the
bottom right-hand corner of the page.
Alternatively, you can contact us via phone on +61 (08) 9273 7373.
Please note this is an automated response.
Kind Regards.
Customer Service
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7373
W: [2]www.landgate.wa.gov.au
[3]A picture containing art, graphic design, graphics, poster Description
automatically generated
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.
This e-mail and any files transmitted with it are intended only for the
use of the addressee(s). It may contain information that is confidential
and privileged, in which case neither is intended to be waived or lost by
mistaken delivery to you. If you are not an intended recipient, any use,
interference with, disclosure, distribution or copying of this material is
unauthorised and prohibited. If you receive this e-mail in error, please
notify the sender by return e-mail and delete the message and any
attachments from your system. Unless specifically indicated, this e-mail
does not constitute formal advice or commitment by the sender or the
Western Australian Land Information Authority (Landgate). Information in
this message not relating to the official business of Landgate shall be
understood as neither given nor endorsed by it. It is your responsibility
to check any attachments for viruses and defects before opening or sending
them on. Landgate’s liability is limited to re-supplying affected
attachments.
References
Visible links
1. http://landgate.wa.gov.au/
2. http://www.landgate.wa.gov.au/
http://www.landgate.wa.gov.au/
Good morning Jillian,
Thank you for your email.
Landgate maintains the official register of land ownership (including
certificates of title) and survey information for the WA State Government
in accordance with the Land Information Authority Act 2006 (WA), the
Transfer of Land Act 1893 (WA) and other legislation. This legislation is
publicly available.
If you wish to access documents held by Landgate which are not available
to or for purchase by the public, you can make an application under the
Freedom of Information Act 1992 (WA).
Access applications must:
· be in writing;
· give enough information so that the documents
requested can be identified;
· give an Australian address to which notices can be
sent; and
· be lodged at the agency with any application fee
payable.
Further information and FOI application forms are available from our
website:
[1]https://www.landgate.wa.gov.au/about-us/....
If you have any queries, please do not hesitate to contact me at email
address [2][email address].
Kind regards,
Tahira Ul-Haq|Paralegal / Legal Research Officer
Legal, Legislation and Policy
Office of the Chief Executive
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7063
W: [3]landgate.wa.gov.au
Mon Tue Wed Thu Fri
WFH Office Office WFH Office
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.
------------------- Original Message
Please use this email address for all replies to this request:
[11][FOI #11288 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:
[12]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
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.
-------------------------------------------------------------------
This e-mail and any files transmitted with it are intended only for the
use of the addressee(s). It may contain information that is confidential
and privileged, in which case neither is intended to be waived or lost by
mistaken delivery to you. If you are not an intended recipient, any use,
interference with, disclosure, distribution or copying of this material is
unauthorised and prohibited. If you receive this e-mail in error, please
notify the sender by return e-mail and delete the message and any
attachments from your system. Unless specifically indicated, this e-mail
does not constitute formal advice or commitment by the sender or the
Western Australian Land Information Authority (Landgate). Information in
this message not relating to the official business of Landgate shall be
understood as neither given nor endorsed by it. It is your responsibility
to check any attachments for viruses and defects before opening or sending
them on. Landgate’s liability is limited to re-supplying affected
attachments.
References
Visible links
1. https://www.landgate.wa.gov.au/about-us/...
2. mailto:[email address]
3. http://www.landgate.wa.gov.au/
4. mailto:[FOI #11288 email]
5. mailto:[Landgate request email]
6. mailto:[Landgate request email]
7. http://www.landgate.wa.gov.au/
8. http://landgate.wa.gov.au/
9. http://www.landgate.wa.gov.au/
10. http://www.landgate.wa.gov.au/
11. mailto:[FOI #11288 email]
12. https://www.righttoknow.org.au/help/offi...
Dear Landgate,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Landgate's handling of my FOI request 'Authority to alter or destroy titles'.
Landgate response included:
"Landgate maintains the official register of land ownership (including certificates of title) and survey information for the WA State Government in accordance with the Land Information Authority Act 2006 (WA), the Transfer of Land Act 1893 (WA) and other legislation. This legislation is publicly available."
The response does not provide the authority or instrument that delegates authority to an employee of a corporate Commonwealth entity to alter or destroy a title, but only maintain a register.
The instrument to be provided must evidence flow of authority from the Monarch, Queen (or King) of the United Kingdom pursuant to cl1 to cl9 Commonwealth Constitution.
Landgate have failed to provide such authority.
From The Annotated Constitution of the Commonwealth of Australia (Quick and Garran). Page 795:
“1. Every power alleged to be vested in the National government, or any organ thereof, must be affirmatively shown to have been granted. There is no presumption in favour of the existence of a power; on the contrary; the burden of proof lies on those who assert its existence, to point out something in the Constitution which, either expressly or by necessary implication, confers it. Just as an agent, claiming to act on behalf of his principal, must make out by positive evidence that his principal gave him the authority he relies on; so Congress, or those who rely on one of its statutes, are bound to show that the people have authorized the legislature to pass the statute. The search for the power will be conducted in a spirit of strict exactitude, and if there be found in the Constitution nothing which directly or impliedly conveys it, then whatever the executive or legislature of the National government, or both of them together, may have done in the persuasion of its existence, must be deemed null and void, like the act of any other unauthorized agent.”
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
The instrument that affirms the authority to employees of Landgate under the Monarch is requested.
Yours faithfully,
Jillian
Thank you for contacting Landgate. We will respond to your email within
five working days.
If your email is regarding a request for an image of a historical
Certificate of Title, we will respond to you within twenty working days.
For certified copies of; Images of historical Certificates of Titles we
will respond within thirty working days.
You can also chat to our Customer Service team online. Please visit
[1]landgate.wa.gov.au between 8:30am and 4:30pm to have your questions
answered by one of our team members. Look for the 'Chat Now' button in the
bottom right-hand corner of the page.
Alternatively, you can contact us via phone on +61 (08) 9273 7373.
Please note this is an automated response.
Kind Regards.
Customer Service
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7373
W: [2]www.landgate.wa.gov.au
[3]A picture containing art, graphic design, graphics, poster Description
automatically generated
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.
This e-mail and any files transmitted with it are intended only for the
use of the addressee(s). It may contain information that is confidential
and privileged, in which case neither is intended to be waived or lost by
mistaken delivery to you. If you are not an intended recipient, any use,
interference with, disclosure, distribution or copying of this material is
unauthorised and prohibited. If you receive this e-mail in error, please
notify the sender by return e-mail and delete the message and any
attachments from your system. Unless specifically indicated, this e-mail
does not constitute formal advice or commitment by the sender or the
Western Australian Land Information Authority (Landgate). Information in
this message not relating to the official business of Landgate shall be
understood as neither given nor endorsed by it. It is your responsibility
to check any attachments for viruses and defects before opening or sending
them on. Landgate’s liability is limited to re-supplying affected
attachments.
References
Visible links
1. http://landgate.wa.gov.au/
2. http://www.landgate.wa.gov.au/
http://www.landgate.wa.gov.au/
Hi Jillian,
Thank you for your email.
You have requested an internal review of your Freedom of Information (FOI)
request, however the right to internal review is reserved for applicants
who have received an initial decision from an agency in response to a
valid FOI Application.
You have not made a valid FOI Application under the Freedom of Information
Act 1992 (WA).
As per our email earlier this morning, a valid FOI Application must:
· be in writing;
· give enough information so that the documents
requested can be identified;
· give an Australian address to which notices can be
sent; and
· be lodged at the agency with any application fee
payable.
Further information and FOI application forms are available from our
website:
[1]https://www.landgate.wa.gov.au/about-us/....
If you have any queries, please do not hesitate to contact me at email
address [2][email address].
Kind regards,
Tahira Ul-Haq|Paralegal / Legal Research Officer
Legal, Legislation and Policy
Office of the Chief Executive
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7063
W: [3]landgate.wa.gov.au
Mon Tue Wed Thu Fri
WFH Office Office WFH Office
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.
--
Dear Landgate,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Landgate's handling of my FOI request 'Authority to alter or destroy titles'.
The previous response that purported the FOI Act required someone seeking information:
"As per our email earlier this morning, a valid FOI Application must:
· be in writing;
· give enough information so that the documents requested can be identified;
· give an Australian address to which notices can be sent; and
· be lodged at the agency with any application fee payable."
Can you please point to the specific part (section/s) of the FOI Act that requires the above "must"?
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Jillian
Conditionally without waiver of any rights under the non-corporate Commonwealth
Thank you for contacting Landgate. We will respond to your email within
five working days.
If your email is regarding a request for an image of a historical
Certificate of Title, we will respond to you within twenty working days.
For certified copies of; Images of historical Certificates of Titles we
will respond within thirty working days.
You can also chat to our Customer Service team online. Please visit
[1]landgate.wa.gov.au between 8:30am and 4:30pm to have your questions
answered by one of our team members. Look for the 'Chat Now' button in the
bottom right-hand corner of the page.
Alternatively, you can contact us via phone on +61 (08) 9273 7373.
Please note this is an automated response.
Kind Regards.
Customer Service
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7373
W: [2]www.landgate.wa.gov.au
[3]A picture containing art, graphic design, graphics, poster Description
automatically generated
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.
This e-mail and any files transmitted with it are intended only for the
use of the addressee(s). It may contain information that is confidential
and privileged, in which case neither is intended to be waived or lost by
mistaken delivery to you. If you are not an intended recipient, any use,
interference with, disclosure, distribution or copying of this material is
unauthorised and prohibited. If you receive this e-mail in error, please
notify the sender by return e-mail and delete the message and any
attachments from your system. Unless specifically indicated, this e-mail
does not constitute formal advice or commitment by the sender or the
Western Australian Land Information Authority (Landgate). Information in
this message not relating to the official business of Landgate shall be
understood as neither given nor endorsed by it. It is your responsibility
to check any attachments for viruses and defects before opening or sending
them on. Landgate’s liability is limited to re-supplying affected
attachments.
References
Visible links
1. http://landgate.wa.gov.au/
2. http://www.landgate.wa.gov.au/
http://www.landgate.wa.gov.au/
Good morning Jillian,
Section 12 the Freedom of Information Act 1992 (WA) states that an access
application has to:
a. be in writing;
b. give enough information to enable the requested documents to be
identified;
c. give an address in Australia to which notices can be sent; and
d. be lodged at the agency with any application fee payable.
Kind regards,
Tahira Ul-Haq|Paralegal / Legal Research Officer
Legal, Legislation and Policy
Office of the Chief Executive
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7063
W: [1]landgate.wa.gov.au
Mon Tue Wed Thu Fri
WFH Office Office WFH Office
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.
Thank you Tahira Ul-Haq,
a. This FOI request is in writing.
b. If my request was not clear ie "provide the document or instrument which enables Landgate employees to alter or destroy registrations of Titles of property held in fee simple and originally Crown granted", we seek the authority under the Crown of the United Kingdom to be evidenced by the instrument an employee of Landgate derives their power to alter or amend real property titles, real property that remains a Crown grant.
Landgates failure to show such evidence will confirm the Crown grant is not "cancelled" and replaced with a creation of the state with different Volume, Folio and descriptions.
c. The information is of great public interest and may be sent to 2 Havelock Street, West Perth, Western Australia attention office of Director General of the Department of the Premier and Cabinet, DEPARTMENT OF THE PREMIER AND CABINET ABN 61 313 082 730.
d. This "agency" is the acceptable vessel through which an FOI request may be made. If it's good enough for the Office of the Attorney-General, it's good enough for an employee of a business who is yet to establish they have any authority under the Crown.
Furthermore, Equity will not allow a statute to be used as a cloak for fraud.
Equity prevents a party from relying upon a presence or absence of a statutory formality if to do so would be unconscionable and unfair.
We request this information in the public interest. As the authority of a Landgate employee is yet to be established, one must be suspicious of an employee not being able to provide such evidence.
From The Annotated Constitution of the Commonwealth of Australia (Quick and Garran). Page 795:
“1. Every power alleged to be vested in the National government, or any organ thereof, must be affirmatively shown to have been granted. There is no presumption in favour of the existence of a power; on the contrary; the burden of proof lies on those who assert its existence, to point out something in the Constitution which, either expressly or by necessary implication, confers it. Just as an agent, claiming to act on behalf of his principal, must make out by positive evidence that his principal gave him the authority he relies on; so Congress, or those who rely on one of its statutes, are bound to show that the people have authorized the legislature to pass the statute. The search for the power will be conducted in a spirit of strict exactitude, and if there be found in the Constitution nothing which directly or impliedly conveys it, then whatever the executive or legislature of the National government, or both of them together, may have done in the persuasion of its existence, must be deemed null and void, like the act of any other unauthorized agent.”
Regards, and in anticipation of the instrument upon which your power flows,
Jillian
Conditionally without waiver of any rights under the Commonwealth
Dear Jillian,
Please complete and return to us the attached FOI Application form with
your address or your agent's address.
You will also need to arrange payment of the $30 application fee.
Please note that the legislation under which Landgate and The Registrar of
Titles is required to maintain the Titles Register and deal with
certificates of title, including the Land Information Authority Act 2006
(WA) and the Transfer of Land Act 1893 (WA) is publicly available.
Documents which are available for purchase or free distribution to the
public, including legislation, are not subject to the Freedom of
Information Act (section 6(a)).
Kind regards,
Tahira Ul-Haq|Paralegal / Legal Research Officer
Legal, Legislation and Policy
Office of the Chief Executive
Landgate
1 Midland Square, Midland WA 6056
T: +61 (08) 9273 7063
W: landgate.wa.gov.au
Mon
Tue
Wed
Thu
Fri
WFH
Office
Office
WFH
Office
Landgate respectfully acknowledges the traditional owners of country
throughout Western Australia and pays its respects to Elders past, present
and emerging.
Please consider the environment before printing this email.