Commission of Head of State
Dear WA Department of the Premier and Cabinet,
We believe the governing authority of the current Governor of Western Australia, Christopher John Dawson, is delegated through a formal instrument known as a commission, issued by the monarch, King Charles III. This commission is part of the constitutional framework established by the Constitution of Western Australia, which outlines the Governor's role as the King's representative in the state. The Governor exercises executive powers on behalf of the Crown, typically following the advice of the Premier and the Cabinet of Western Australia.
Please provide a copy of the Commission document that delegated powers from King Charles III to Christopher John Dawson.
Jillian,
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.
OFFICIAL
Dear Jillian,
Thank you for your request under the Freedom of Information Act 1992 (WA)
(FOI Act) received on 13 September 2024 made to the Department of the
Premier and Cabinet (Department) relating to a copy of the Commission
document that delegated powers from King Charles III to Christopher John
Dawson.
We regret to inform you that your recent correspondence does not meet the
criteria for a valid Freedom of Information (FOI) application under
Section 12 of the FOI Act.
According to section 12(1) of the Act, for an application to be considered
valid, it must meet the following criteria:
(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 under this Act can be
sent;
(d) give any other information or details required under the regulations;
(e) be lodged at an office of the agency with any application fee payable
under the regulations.
I trust the above information helps you to validate your request. Feel
free to reach out if you have any further questions.
Best regards,
Ian McCavanagh
A/Principal Information Release Officer
Department of the Premier and Cabinet
-----Original Message-----
From: Jillian <[FOI #12051 email]>
Sent: Friday, September 13, 2024 7:52 AM
To: FOIUnit <[DPC request email]>
Subject: Freedom of Information request - Commission of Head of State
[You don't often get email from
[1][FOI #12051 email]. Learn why this is
important at [2]https://aka.ms/LearnAboutSenderIdentific... ]
Dear WA Department of the Premier and Cabinet,
We believe the governing authority of the current Governor of Western
Australia, Christopher John Dawson, is delegated through a formal
instrument known as a commission, issued by the monarch, King Charles III.
This commission is part of the constitutional framework established by the
Constitution of Western Australia, which outlines the Governor's role as
the King's representative in the state. The Governor exercises executive
powers on behalf of the Crown, typically following the advice of the
Premier and the Cabinet of Western Australia.
Please provide a copy of the Commission document that delegated powers
from King Charles III to Christopher John Dawson.
Jillian,
Respectfully, without waiver of inherent rights under the Commonwealth of
Australia, established 1900.
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________________________________
The Department of the Premier and Cabinet Legal Notice.
The contents of this email or its attachments are intended only for the
use of the addressee(s). It may contain information that is private and
confidential and may be privileged or otherwise protected from disclosure
in the public interest. If you are not the intended recipient of this
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OFFICIAL
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Thank you Ian,
I do apologise, I didn't think it would be necessary to specify my request was made under the FREEDOM OF INFORMATION ACT 1982, I believe section 15 would be relevant:
Requests for access
Persons may request access
(1) Subject to section 15A, a person who wishes to obtain access to a document of an agency or an official document of a Minister may request access to the document.
Requirements for request
(2) The request must:
(a) be in writing; and
(aa) state that the request is an application for the purposes of this Act; and
(b) provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it; and
(c) give details of how notices under this Act may be sent to the applicant (for example, by providing an electronic address to which notices may be sent by electronic communication).
(2A) The request must be sent to the agency or Minister. The request may be sent in any of the following ways:
(a) delivery to an officer of the agency, or a member of the staff of the Minister, at the address of any central or regional office of the agency or Minister specified in a current telephone directory;
(b) postage by pre - paid post to an address mentioned in paragraph (a);
(c) sending by electronic communication to an electronic address specified by the agency or Minister.
The request is obviously in writing, the request is an application for the purposes of that Act, I believe the request is not confusing or unclear so as to identify exactly what document is requested, and we are happy for the response to be published on this platform being an electronic communication, to the url of this request. If however you would rather email the response, you could email it to [email address].
Alternatively, if the document is publicly available, please point us to that via url link to the document, and we shall view it online.
As I hope you can appreciate, the document requested is requested in the public interest, and we look forward to viewing a copy of the actual document.
Jillian,
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.
OFFICIAL
Dear Jillian,
Thank you for your clarification that your request was made in accordance to the Freedom of Information Act 1982. That Act provides members of the public rights of access to official documents of the Government of the Commonwealth and of its agencies.
The Department of the Premier and Cabinet is a state government agency and the Freedom of Information Act 1992 (WA) provides for public access to documents for this Department.
Unfortunately, your application does not comply with the requirements outlined in sections 12(1)(c) and 12(1)(e) of the Freedom of Information Act 1992 (WA).
The application fee payable under the regulations is set out in the Freedom of Information Regulations 1993, as +ACQ-30 for non-personal applications and this fee cannot be waived.
To validate your application, could you please follow this link (https://www.bpoint.com.au/Payments/depto...) submit the application fee.
I look forward to receiving an address in Australia to which notices Act can be sent and the application fee.
Best regards,
Ian McCavanagh
A/Principal Information Release Officer
Department of the Premier and Cabinet
OFFICIAL
-----Original Message-----
From: Jillian +ADw-foi+-request-12051-1299e6e1+AEA-righttoknow.org.au+AD4-
Sent: Friday, September 13, 2024 4:43 PM
To: FOIUnit +ADw-foiunit+AEA-dpc.wa.gov.au+AD4-
Subject: Re: FOI Application Guidance for Freedom of Information request - Commission of Head of State
+AFs-You don't often get email from foi+-request-12051-1299e6e1+AEA-righttoknow.org.au. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... +AF0-
Thank you Ian,
I do apologise, I didn't think it would be necessary to specify my request was made under the FREEDOM OF INFORMATION ACT 1982, I believe section 15 would be relevant:
Requests for access
Persons may request access
(1) Subject to section 15A, a person who wishes to obtain access to a document of an agency or an official document of a Minister may request access to the document.
Requirements for request
(2) The request must:
(a) be in writing+ADs- and
(aa) state that the request is an application for the purposes of this Act+ADs- and
(b) provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it+ADs- and
(c) give details of how notices under this Act may be sent to the applicant (for example, by providing an electronic address to which notices may be sent by electronic communication).
(2A) The request must be sent to the agency or Minister. The request may be sent in any of the following ways:
(a) delivery to an officer of the agency, or a member of the staff of the Minister, at the address of any central or regional office of the agency or Minister specified in a current telephone directory+ADs-
(b) postage by pre - paid post to an address mentioned in paragraph (a)+ADs-
(c) sending by electronic communication to an electronic address specified by the agency or Minister.
The request is obviously in writing, the request is an application for the purposes of that Act, I believe the request is not confusing or unclear so as to identify exactly what document is requested, and we are happy for the response to be published on this platform being an electronic communication, to the url of this request. If however you would rather email the response, you could email it to jillian+AEA-commonwealthnational.com.au.
Alternatively, if the document is publicly available, please point us to that via url link to the document, and we shall view it online.
As I hope you can appreciate, the document requested is requested in the public interest, and we look forward to viewing a copy of the actual document.
Jillian,
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.
-----Original Message-----
OFFICIAL
Dear Jillian,
Thank you for your request under the Freedom of Information Act 1992 (WA)
(FOI Act) received on 13 September 2024 made to the Department of the
Premier and Cabinet (Department) relating to a copy of the Commission
document that delegated powers from King Charles III to Christopher John
Dawson.
We regret to inform you that your recent correspondence does not meet the
criteria for a valid Freedom of Information (FOI) application under
Section 12 of the FOI Act.
According to section 12(1) of the Act, for an application to be considered
valid, it must meet the following criteria:
(a) be in writing+ADs-
(b) give enough information to enable the requested documents to be
identified+ADs-
(c) give an address in Australia to which notices under this Act can be
sent+ADs-
(d) give any other information or details required under the regulations+ADs-
(e) be lodged at an office of the agency with any application fee payable
under the regulations.
I trust the above information helps you to validate your request. Feel
free to reach out if you have any further questions.
Best regards,
Ian McCavanagh
A/Principal Information Release Officer
Department of the Premier and Cabinet
-------------------------------------------------------------------
Please use this email address for all replies to this request:
foi+-request-12051-1299e6e1+AEA-righttoknow.org.au
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...
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.
-------------------------------------------------------------------
+AF8AXwBfAF8AXwBfAF8AXwBfAF8AXwBfAF8AXwBfAF8AXwBfAF8AXwBfAF8AXwBfAF8AXwBfAF8AXwBfAF8AXw-
The Department of the Premier and Cabinet Legal Notice.
The contents of this email or its attachments are intended only for the use of the addressee(s). It may contain information that is private and confidential and may be privileged or otherwise protected from disclosure in the public interest. If you are not the intended recipient of this email any use, interference with, disclosure, distribution or copying of this material is unauthorised and prohibited. If you receive this in error, please notify the sender by return e-mail, delete the email and attachments from your system and destroy any copies you have taken of the email and attachments. Before taking any action based upon advice and/or information contained in this email you should carefully consider the advice and information and consider obtaining relevant independent advice.
While every care is taken, it is recommended that you scan any attachments for viruses.
Please consider the environment before printing out this email.
Dear FOIUnit,
I'll get the information from another source (if it exists).
So much for transparency, democracy or government.
J