COVID 19, human rights and the law
Dear Legal Aid Western Australia,
Try to make sense of some the current laws, was wondering if you may have anything on hand.
1 ) If you have any documentation about the enforceablility of the state laws such as Emergency Management Act 2005 & The Public Health Act 2016, in relation to federal law The Biosecurity Act 2015; and the Australian Constitution and Human Rights treaties.
Is there a conflict of rights and laws that have been identified, and understandings or discussion about the above points that you may have. For example, does the federal law stand higher than the state law, and what point is the Human Rights considered over state law.
2) Any High Court rulings in regards to civil rights and inalienable human rights in recent history that may be quotable in relation to the basic rights of the individual over the power of the law.
Thankyou for your time,
Yours faithfully,
A quiet member of a religious community in Western Australia
Dear Applicant
I note that some of the documents you are seeking can be access outside of
the Freedom of Information Process:
o You can find information on the Emergency Management Act 2005 in
respect to coronavirus responses on our publicly available website
here:
[1]https://www.legalaid.wa.gov.au/get-legal...
o High Court rulings can be found here
[2]https://www.hcourt.gov.au/publications/j...
o You can access the other mentioned legislation here
[3]https://www.legislation.gov.au/
However, if you would like to proceed with your Freedom of Information
(FOI) application we received on 12 December 2021 you will need to provide
us with some additional information:
1. Your application is not currently valid under the Freedom of
Information Act, as it does not include an Australian address that
notices under the act can be sent – if you wish to proceed with this
FOI application, please provide us with an Australian address.
2. You will need to confirm if you are making an application for personal
information, or non-personal information. Based on the documents you
are requesting I think you intend to make an application for
non-personal information. If you are not sure what type of application
you should make, please contact the Office of the Information
Commissioner on 6551 7888 for advice. There is a $30 application fee
to apply to access non-personal information through Freedom of
Information. This must be paid before we can process your application
for non-personal information. Payments can be made electronically to:
Account Name: Legal Aid WA
BSB: 066-040
Account: 1400 0033
Please respond to this email by 29 December 2021. If we do not received a
response from you by this date we will take that to mean that you do not
wish to progress your FOI application, and we will take no further steps.
If you need any further information about the FOI application process, or
any of the information contained in this email you can contact the Freedom
of Information Coordinator at [4][email address] or 9261 6260.
Kind regards
Ruth Thomas
Executive Officer, Directorate
LEGAL AID WESTERN AUSTRALIA | 32 St George’s Tce, Perth WA 6000
Ph: (08) 9261 6260 | Mb: 0428 901 741 | Fax: (08) 9261 6554 | Web:
[5]www.legalaid.wa.gov.au
Legal Aid WA acknowledges the Aboriginal owners and custodians of the land
on which we live and work. We recognise the spiritual relationship
Aboriginal people have with Country and pay deep respect to Elders past
and present.
Please consider the environment before printing this email.
From: A long standing member of a religious community in Western Australia
<[6][FOI #8187 email]>
Sent: Sunday, 12 December 2021 2:26 PM
To: CLE <[7][Legal Aid Western Australia request email]>
Subject: Freedom of Information request - COVID 19, human rights and the
law
This message was sent from outside of Legal Aid. Please do not click links
or open attachments unless you recognise the source of this email and know
the content is safe. If you are unsure of the email please use the
suspicious email alert button and it will be investigated.
Dear Legal Aid Western Australia,
Try to make sense of some the current laws, was wondering if you may have
anything on hand.
1 ) If you have any documentation about the enforceablility of the state
laws such as Emergency Management Act 2005 & The Public Health Act 2016,
in relation to federal law The Biosecurity Act 2015; and the Australian
Constitution and Human Rights treaties.
Is there a conflict of rights and laws that have been identified, and
understandings or discussion about the above points that you may have. For
example, does the federal law stand higher than the state law, and what
point is the Human Rights considered over state law.
2) Any High Court rulings in regards to civil rights and inalienable human
rights in recent history that may be quotable in relation to the basic
rights of the individual over the power of the law.
Thankyou for your time,
Yours faithfully,
A quiet member of a religious community in Western Australia
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #8187 email]
Is [9][Legal Aid Western Australia request email] the wrong address for Freedom of Information
requests to Legal Aid Western Australia? 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...
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.
-------------------------------------------------------------------
Legal Aid WA acknowledges the Aboriginal owners and custodians of the land
on which we live and work. We recognise the spiritual relationship
Aboriginal people have with Country and pay deep respect to Elders past
and present.
References
Visible links
1. https://www.legalaid.wa.gov.au/get-legal...
2. https://www.hcourt.gov.au/publications/j...
3. https://www.legislation.gov.au/
4. mailto:[email address]
5. http://www.legalaid.wa.gov.au/
6. mailto:[FOI #8187 email]
7. mailto:[Legal Aid Western Australia request email]
8. mailto:[FOI #8187 email]
9. mailto:[Legal Aid Western Australia request email]
10. https://www.righttoknow.org.au/change_re...
11. https://www.righttoknow.org.au/help/offi...
Dear Legal Aid WA, in regards to foi,
I think it is possible to keep the application anonymous, the question that is asked is pertinent to many in a difficult situation at the moment, though the information would also be useful for myself.
The thought being by making this information public, would be of help for those trying to make a moderate understanding of these current laws.
While I understand there is a $30 fee that can be applied, I note that it is optional. I have already studied the above topics to the limit of my ability, and personally do not have access to the information required.
I am born in Western Australia, and have lived here all my life. I ask that special consideration be given for this request to both remain anonymous and also to waive the application fee.
I understand that this is a big request, but I feel the law is one thing that is hard to understand for the average citizen, and with such politicization on the current topic, it would be good to have access to this information in the form of a public request.
I see the ACT states
--------------------------;
(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).
---------------------
I presume by using this website that you understand that the purpose of seeking this information is pursuant of FIO ACT, and by using this website, there is a means established electronic for communication.
I ask kindly for the above request, as it is of importance to many during this time who find themselves at odds with some of the laws, and little access to the legal system in WA.
The reason I wish to remain anonymous, there is a lot of pressure at the moment to believe a certain way, think a certain way, and my position in the community means I should be careful not to politicize the situation by getting involved, thus while it is a request for information useful to myself it is a public request, so it may help others who are in a similar situation, looking to understand the current situation.
Wishing you well, thankyou for your time and consideration on this matter,
Yours sincerely,
A long standing member of a religious community in Western Australia
Dear Applicant
I confirm there is no requirement for you to identify yourself by
providing your name, however the requirements for a valid Freedom of
Information requires are clearly outlined in section 12 of the Freedom of
Information Act and include the following:
1. the 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 under this Act can be
sent
d. Give any other information or details required under the regulations
and
e. Be lodged at an office of the agency with any application fee payable
under the regulations
Section 12(1)(c) requires the application to give an address in Australia
to which notices under this Act can be sent. An address is a physical
address, and does not include an email address. If you do not provide an
Australian address you will not have made a valid application under the
Freedom of Information Act. We will not be able to progress your
application until this is provided.
Section 12(1)(e) requires the application to be lodged with any
application fee payable under the regulations. I confirm that applications
for non-personal information require the payment of a $30 fee. This fee is
not optional. Legal Aid has no discretion to waive the payment of the fee,
as it is a requirement of applications made under the Freedom of
Information Act. If you intend for this application to be an application
for non-personal information, we will not be able to progress your
application until this is paid.
Until you provide the information required under s12(1)(c) and pay the $30
application fee required by s12(1)(e) we will not be able to progress your
application for non-personal information.
I encourage you to contact the Office of the Information Commissioner on
6551 7888 for independent advice if you have any questions about the
Freedom of Information Act and how section 12 is interpreted.
Kind regards
Ruth Thomas
Executive Officer, Directorate
LEGAL AID WESTERN AUSTRALIA | 32 St George’s Tce, Perth WA 6000
Ph: (08) 9261 6260 | Mb: 0428 901 741 | Fax: (08) 9261 6554 | Web:
[1]www.legalaid.wa.gov.au
Legal Aid WA acknowledges the Aboriginal owners and custodians of the land
on which we live and work. We recognise the spiritual relationship
Aboriginal people have with Country and pay deep respect to Elders past
and present.
Please consider the environment before printing this email.
From: A long standing member of a religious community in Western Australia
<[FOI #8187 email]>
Sent: Wednesday, 15 December 2021 3:45 PM
To: foi <[email address]>
Subject: RE: FOI Request
Dear Legal Aid WA, in regards to foi,
I think it is possible to keep the application anonymous, the question
that is asked is pertinent to many in a difficult situation at the moment,
though the information would also be useful for myself.
The thought being by making this information public, would be of help for
those trying to make a moderate understanding of these current laws.
While I understand there is a $30 fee that can be applied, I note that it
is optional. I have already studied the above topics to the limit of my
ability, and personally do not have access to the information required.
I am born in Western Australia, and have lived here all my life. I ask
that special consideration be given for this request to both remain
anonymous and also to waive the application fee.
I understand that this is a big request, but I feel the law is one thing
that is hard to understand for the average citizen, and with such
politicization on the current topic, it would be good to have access to
this information in the form of a public request.
I see the ACT states
--------------------------;
(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).
Please use this email address for all replies to this request:
[8][FOI #8187 email]
Is [9][Legal Aid Western Australia request email] the wrong address for
Freedom of Information
requests to Legal Aid Western Australia? If so, please contact us using
this form:
[10][6]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][7]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.
-------------------------------------------------------------------
Legal Aid WA acknowledges the Aboriginal owners and custodians of the land
on which we live and work. We recognise the spiritual relationship
Aboriginal people have with Country and pay deep respect to Elders past
and present.
References
Visible links
1.
[8]https://www.legalaid.wa.gov.au/get-legal...
2. [9]https://www.hcourt.gov.au/publications/j...
3. [10]https://www.legislation.gov.au/
4. [11]mailto:[email address]
5. [12]http://www.legalaid.wa.gov.au/
6. [13]mailto:[FOI #8187 email]
7. [14]mailto:[Legal Aid Western Australia request email]
8. [15]mailto:[FOI #8187 email]
9. [16]mailto:[Legal Aid Western Australia request email]
10.
[17]https://www.righttoknow.org.au/change_re...
11. [18]https://www.righttoknow.org.au/help/offi...
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[19][FOI #8187 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:
[20]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.
-------------------------------------------------------------------
Legal Aid WA acknowledges the Aboriginal owners and custodians of the land
on which we live and work. We recognise the spiritual relationship
Aboriginal people have with Country and pay deep respect to Elders past
and present.
References
Visible links
1. http://www.legalaid.wa.gov.au/
2. https://www.legalaid.wa.gov.au/get-legal...
3. https://www.hcourt.gov.au/publications/j...
4. https://www.legislation.gov.au/
5. http://www.legalaid.wa.gov.au/
6. https://www.righttoknow.org.au/change_re...
7. https://www.righttoknow.org.au/help/offi...
8. https://www.legalaid.wa.gov.au/get-legal...
9. https://www.hcourt.gov.au/publications/j...
10. https://www.legislation.gov.au/
11. mailto:[email
12. http://www.legalaid.wa.gov.au/
13. mailto:[foi
14. mailto:[legal
15. mailto:[foi
16. mailto:[legal
17. https://www.righttoknow.org.au/change_re...
18. https://www.righttoknow.org.au/help/offi...
19. mailto:[FOI #8187 email]
20. https://www.righttoknow.org.au/help/offi...
Dear Legal Aid Western Australia in regards to the foi,
I can not find any mention of being required to provide an Australia Address in the most recent act:
https://www.legislation.gov.au/Details/C...
As I am unable to comply with the request of the fee due my situation, am I able to resubmit this request as a private request in order to wavier the fee.
I am happy to provide my email address, would prefer not to release my personal data.
Thank-you kindly for your time, greatly appreciated,
Yours sincerely,
A member of a religious community in Western Australia
Dear Applicant
The Act you have included a link to is the Freedom of Information 1982
(Cth) that only applies to federal agencies. The Legal Aid Commission of
Western Australia is not a federal agency, and the act that applies to
documents held by our agency is the Freedom of Information Act 1992 (WA).
You can view this act at
[1]https://www.legislation.wa.gov.au/legisl...
There is no private request under the FOI Act – there are applications for
personal information, which do not require the payment of a $30
application fee. If you would like to do this, you will still need to
comply with section 12(1)(c) of the FOI Act and provide an address in
Australia to which notices under this Act can be sent. Until you do this,
your application will not be valid, and we will not be able to progress
your application. An application for personal information will also
exclude any information in documents that is non-personal information,
which is most of what you have requested.
I also remind you that some of the documents you are seeking can be access
outside of the Freedom of Information Process, and we have provided you
with the following links to access them:
o You can find information on the Emergency Management Act 2005 in
respect to coronavirus responses on our publicly available website
here:
[2]https://www.legalaid.wa.gov.au/get-legal...
o High Court rulings can be found here
[3]https://www.hcourt.gov.au/publications/j...
o You can access the other mentioned legislation here
[4]https://www.legislation.gov.au/
I encourage you to contact the Office of the Information Commissioner on
6551 7888 for advice if you have any further questions about the Freedom
of Information Act and the application processes.
Kind regards
Ruth Thomas
Executive Officer, Directorate
LEGAL AID WESTERN AUSTRALIA | 32 St George’s Tce, Perth WA 6000
Ph: (08) 9261 6260 | Mb: 0428 901 741 | Fax: (08) 9261 6554 | Web:
[5]www.legalaid.wa.gov.au
Legal Aid WA acknowledges the Aboriginal owners and custodians of the land
on which we live and work. We recognise the spiritual relationship
Aboriginal people have with Country and pay deep respect to Elders past
and present.
Please consider the environment before printing this email.
From: A long standing member of a religious community in Western Australia
<[FOI #8187 email]>
Sent: Wednesday, 15 December 2021 9:25 PM
To: foi <[email address]>
Subject: RE: FOI Request
Dear Legal Aid Western Australia in regards to the foi,
I can not find any mention of being required to provide an Australia
Address in the most recent act:
[6]https://www.legislation.gov.au/Details/C...
As I am unable to comply with the request of the fee due my situation, am
I able to resubmit this request as a private request in order to wavier
the fee.
I am happy to provide my email address, would prefer not to release my
personal data.
Thank-you kindly for your time, greatly appreciated,
Yours sincerely,
A member of a religious community in Western Australia
Dear Ruth, in regards to foi,
Ok thank-you for clarifying your thoughts. Doesn't federal law trump state law if there is a difference in law, presumably this law was intended first for states also, the federal law? I thought this was given in section 109 of the Australian constitution? The federal law is given to trump the state law to the extent of any inconsistency? I don't see the section in the state law for FOI "binding the crown" is valid, as it is against the Australian constitution. Not saying that the states can't make laws, but any inconsistencies defer to the federal law, unless there is a high court ruling about that particular discrepancy?
Thanks for your time, I do appreciate it
Yours sincerely,
A member of a religious community in Western Australia
Dear foi,
I shall close this request for now, as I do not have $30 and wish to remain anonymous.
Thank-you for your time
Yours sincerely,
A member of a religious community in Western Australia