FOI REQUEST documents in accordance with the Freedom of Information Act 1982
Dear Department of the Prime Minister and Cabinet,
IAW the FOI Act 1982, It is requested that you provide a complete copy of the Constitution for the following entity:
Holder(s) details: Holder name: THE DEPARTMENT OF THE PRIME MINISTER AND CABINET
Holder type: Other Unincorporated Entity.
ABN: 18 108 001 191
Hope you are all well and not suffering from the not so infectious and elusive Covid 19 alleged Dooms Day Virus?
Yours faithfully,
brett alan: wilson
OFFICIAL
Dear Mr Wilson
We refer to your email of 30 March 2020 in which you made a request to the
Department of the Prime Minister and Cabinet (the Department) under the
Freedom of Information Act 1982 (FOI Act) in the following terms:
IAW the FOI Act 1982, It is requested that you provide a complete copy of
the Constitution for the following entity:
Holder(s) details: Holder name: THE DEPARTMENT OF THE PRIME MINISTER AND
CABINET Holder type: Other Unincorporated Entity.
ABN: 18 108 001 191
Request for clarification
Your request refers to the Department as “Holder Type: Other
Unincorporated Entity” and provided the ABN 18 108 001 191. The ABN LookUp
website ([1]https://abr.business.gov.au/Help/EntityT...) contains a
definition of ““Other Unincorporated Entity” which includes a reference to
“constitution”, i.e. “An other unincorporated entity is a number of people
grouped together by a common purpose with club-like characteristics, for
example, a sporting club, social club or trade union. Some club-like
characteristics are that … there is a constitutional arrangement for
meetings of members and for appointing officers.”
However, when the ABN 18 108 001 191 is entered on the ABN Lookup website
( [2]https://abr.business.gov.au/Search/Index), the information shows the
Entity Type as ”Commonwealth Government Entity”. Our relevant line area
has advised that the Department is a Non-corporate Commonwealth Entity
(NCE). Information published by the Department of Finance
([3]https://www.finance.gov.au/about-us/glos...)
provides that “NCEs are established under power that comes from the
Constitution, usually through legislation and the exercise of executive
power.”
Accordingly, it is unclear whether your request is for a copy of a
“constitution” within the meaning of “Other Unincorporated Entity”, or
“the Constitution” within the meaning of an NCE.
Please provide further clarification on the document you are seeking.
Please note that should you wish to make an FOI request, the processing
period for your request will commence once the Department receives a valid
request that meets the requirements of the FOI Act.
The Department notes that if you are requesting access to the Australian
Constitution, that document is publicly available at
[4]https://www.aph.gov.au/About_Parliament/....
Yours sincerely
FOI Adviser
FOI and Privacy | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. (02) 6271 5849
e. [5][DPMC request email] | w. [6]www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
[7]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present. -
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
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______________________________________________________________________
References
Visible links
1. https://abr.business.gov.au/Help/EntityT...
2. https://abr.business.gov.au/Search/Index
3. https://www.finance.gov.au/about-us/glos...
4. https://www.aph.gov.au/About_Parliament/...
5. mailto:[DPMC request email]
6. http://www.pmc.gov.au/
Dear FOI Officer,
Thank you for your reply.
THE DEPARTMENT OF THE PRIME MINISTER AND CABINET is defined as an Other ''Unincorporated Entity.''
You claim that NCEs are established under power that comes from the Australian Constitution, usually through legislation and the exercise of executive power.”
I am not referring to the Powers of Parliament or Executive Power under the Australian Constitution, I am referring to powers of the Parliament or Executive Power under the Constitution of the Australian Commonwealth, the Constitution as contained and published under Covering Clause 9 of the Commonwealth Constitution Act 1900 (UK), the lawful Constitution that is binding on everyone under Covering Clause 5 including all those people who sit in the Parliament and your office.
Does the Executive Power '' source of this power'' in this case that you write about, come from the Constitution of the Australian Commonwealth, the Constitution as contained and published under Covering Clause 9 of the Commonwealth of Australia Constitution Act 1900 (UK)? Or is their a second Constitution called ''The Australian Constitution'' operating along side of the Commonwealth of Australia Constitution Act 1900 (UK)? If their is a second Constitution being used as a source of power by your office and the parliament, could you please provide a copy of the Act of Parliament or legal instrument that allowed for its valid creation and use?
I am seeking a copy of the NCE Constitution that should be held by the Unincorporated Entity named ''Prime Minister and Cabinet.'' The ABN below when one views it on ASIC's web site, does not define or disclose the term: ''Non-corporate Commonwealth Entity'', it defines it as Holder type: ''Other'' Unincorporated Entity ABN: 18 108 001 191, Organisational Representative Details: Name: Ida Pedersen.
An Unincorporated Entity is simply the group itself, of people, who has agreed to come together to pursue a common purpose, such as to establish the 'Prime Minister and Cabinet.
Therefore, it is my understanding, that an unincorporated entity or association cannot enter into contracts in its own name, or own land, or employ people, or sue or be sued, but its members can be personally held liable in Tort for any damage or fraud they might have caused or been involved in.
The Constitutional Commission of 1988 issues Booklet pages 11 and 12 discussed The Prime Minister and Cabinet. The Commission published on page 12 that: ''The Constitution, however, refers only to the Governor-General and the Federal Executive Council which advises him (s.64). There is no reference in the text of the Constitution to the prime minister and cabinet.''
They then ask the following questions:
2. Should the cabinet and/or ministry be recognised by the Constitution?
3. Should the Office of prime minister be recognised by the Constitution?
This establishes the Prime Minister and Cabinet is not Constitutionally recognised and perhaps why it has been established as an NCE, that should have its own Constitution in accordance with good governance and policy.
I summary, I request a copy of the The DEPARTMENT OF THE PRIME MINISTER AND CABINET Constitution, with that office being registered and defined as an Unincorporated Entity with ASIC.
Yours sincerely,
Brett Wilson
OFFICIAL
FOI/2020/073
Dear Mr Wilson
Thank you for your email dated 30 March 2020 to the Department of the
Prime Minister and Cabinet (the Department), in which you made a request
to the Department under the Freedom of Information Act 1982 (the FOI Act)
in the following terms:
IAW the FOI Act 1982, It is requested that you provide a complete copy of
the Constitution for the following entity:
Holder(s) details: Holder name: THE DEPARTMENT OF THE PRIME MINISTER AND
CABINET Holder type: Other Unincorporated Entity.
ABN: 18 108 001 191
On 14 April 2020, the Department wrote to you seeking clarification of the
terms of request. You responded to the Department on 22 April 2020,
providing additional background information and confirming the terms of
the request as follows:
I am seeking a copy of the NCE Constitution that should be held by the
Unincorporated Entity named ''Prime Minister and Cabinet.'' The ABN below
when one views it on ASIC's web site, does not define or disclose the
term: ''Non-corporate Commonwealth Entity'', it defines it as Holder
type: ''Other'' Unincorporated Entity ABN: 18 108 001 191, Organisational
Representative Details: Name: Ida Pedersen.
Timeframe for receiving your decision
We received your valid request on 22 April 2020 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 22 May 2020. The period
of 30 days may be extended in certain circumstances. We will advise you if
there is any extension of time.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email]. If you
do wish to object to the publication of information, you would need to
provide supporting reasons.
Exclusion of officers’ names and contact details
For documents that fall within scope of the request, it is the
Department’s policy to withhold:
· any person’s signature;
· the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);
· the mobile or direct numbers of SES officers;
· the names and contact details of Ministerial staff at a level
below Chief of Staff.
The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).
We will write again when the Department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner
[4]https://www.oaic.gov.au/freedom-of-infor....
Sincerely
FOI Adviser
FOI and Privacy | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. (02) 6271 5849
e. [5][DPMC request email] | w. [6]www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
[7]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present. -
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[DPMC request email]
6. http://www.pmc.gov.au/
Dear FOI Officer, Department of the Prime Minister and Cabinet
Thank you for your reply, regarding extension of time, please be aware of the following Section where you do not have the luxury of advising of an extension of time, it is something you must request and that I must agree with and not something your office has the authority to direct without my consent to an extension of time.
FREEDOM OF INFORMATION ACT 1982 - SECT 15AA
Extension of time with agreement
An agency or Minister may extend the period referred to in paragraph 15(5)(b) for dealing with a request, or that period as extended under subsection 15(6) or (8) (consultation), by a further period of no more than 30 days if:
(a) the applicant agrees in writing to the extension; and
(b) the agency or Minister gives written notice of the extension to the Information Commissioner as soon as practicable after the agreement is made.
I also draw you attention to SECT 3 A:
FREEDOM OF INFORMATION ACT 1982 - SECT 3A
Objects--information or documents otherwise accessible
Scope
(1) This section applies if a Minister, or an officer of an agency, has the power to publish, or give access to, information or a document (including an exempt document) apart from under this Act.
Publication and access powers not limited
(2) The Parliament does not intend, by this Act, to limit that power, or to prevent or discourage the exercise of that power:
(a) in the case of the power to publish the information or document--despite any restriction on the publication of the information or document under this Act; and
(b) in the case of the power to give access to the information or document--whether or not access to the information or document has been requested under section 15.
You have stated that it is is the Department’s policy to withhold certain names etc. Please be aware of ''Extended'' Ultra Vires: Refusal to Exercise a Discretion. The common law theory is that where decision-making power is vested in individuals, they must genuinely and independently exercise it. The doctrine is that they cannot abdicate their responsibility, either by blindly applying policy, accepting the dictates of another person or handing the power to someone else. Please remember that internal policy is not law, it must be consistent with Statute and you must provide information IAW your obligations under the FOI Act for example:
FREEDOM OF INFORMATION ACT 1982 - SECT 8D
(1) An agency must publish information that is required or permitted to be published under this Part in accordance with this section.
How (and to whom) information is to be published
(2) The agency must publish the information:
(a) to members of the public generally; and
(b) if the agency considers that it is appropriate to do so--to particular classes of persons or entities.
Note 1: The agency must have regard to the objects of this Act and guidelines issued by the Information Commissioner in performing functions, and exercising powers, under this section (see section 9A).
Note 2: After access is given to a document under Part III (access to documents) in accordance with a request, the agency must publish the accessed document to members of the public generally in the same way as described in this section (although certain exceptions apply) (see section 11C).
Yours sincerely,
Brett Wilson
OFFICIAL
Dear Mr Wilson
Please see attached the decision in response to the request you made to
the Department of the Prime Minister and Cabinet under the Freedom of
Information Act 1982.
Sincerely
FOI Adviser
FOI and Privacy | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. (02) 6271 5849
e. [1][DPMC request email] | w. [2]www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
[3]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present. -
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. mailto:[DPMC request email]
2. http://www.pmc.gov.au/
Dear FOI,Department of the Prime Minister and Cabinet.
Thank you for your FOI Response. There seems to be some confusion and I am requesting some further clarification. This follow up request is now a Request for Internal Review.
I brought to your attention the following entity that it is recorded with ASIC that the holder of ABN: 18 108 001 191 Holder(s) details: Holder name: THE DEPARTMENT OF THE PRIME MINISTER AND CABINET is defined as Holder type: Other Unincorporated Entity
ABN: 18 108 001 191
Organisational Representative Details: Name: Ida Pedersen
Start date: 14/01/2014.
The above has defined THE DEPARTMENT OF THE PRIME MINISTER AND CABINET as an ''Other Unincorporated Entity'' and not as a Non Registered Entity. Can you provide further clarification and information or a document that was submitted to ASIC registering THE DEPARTMENT OF THE PRIME MINISTER AND CABINET on the ASIC data base, as a Non Registered Entity which is in direct conflict with the Holder Type as listed against ABN: 18 108 001 191 being a Other Unincorporated Entity.
According to the ATO, ''an unincorporated entity It is a group of people who agree to act together as an organisation and form an association.'' I am of the assumption that this is how the Department of PM and Cabinet operates? Can you confirm this assumption? The ATO goes on to say ''The group can remain informal and its members make their own rules on how the group is managed. The rules may also be referred to as a constitution.'' Please note, this is the type of constitution of which I was referring too in my FOI request of which I was seeking a copy from your office where you have suggested in your response that it does not exist.
Because the department of PM and Cabinet is not recognised in the Commonwealth Constitution, as confirmed by the 1988 Constitutional Commission, it seems feasible that the Department of PM and Cabinet should have its own Constitution that might empower its committee members to do a certain thing?
The ATO goes on to say, ''An unincorporated association is however an entity under tax law and treated as a company for income tax purposes.'' https://www.ato.gov.au/Non-profit/Gettin...
I look forward to your review and response.
Yours sincerely,
Brett Wilson
OFFICIAL
Dear Mr Wilson
Thank you for your email dated 27 May 2020, received by the Department of
the Prime Minister and Cabinet (the Department), in which you made a
request for internal review of the Department’s decision of 22 May 2020 in
relation to your request under the Freedom of Information Act 1982 (the
FOI Act) (reference: FOI/2020/073).
Timeframe for receiving your decision
We received your request for internal review on 27 May 2020 and the
30-day statutory period for internal review commenced from the day after
that date. You should therefore expect a decision from us by 26 June 2020.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email]. If you
do wish to object to the publication of information, you would need to
provide supporting reasons.
Exclusion of officers’ names and contact details
For documents that fall within scope of the request, it is the
Department’s policy to withhold:
· any person’s signature;
· the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);
· the mobile or direct numbers of SES officers;
· the names and contact details of Ministerial staff at a level
below Chief of Staff.
The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).
We will write again when the Department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner
[4]https://www.oaic.gov.au/freedom-of-infor....
Yours sincerely
FOI Adviser
FOI and Privacy Section| Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
[5]http://www.dcducks.com/wp-content/themes...
6271 5849
[6]http://cdn.mysitemyway.com/icons-waterma... request email]
[8]https://www.musicianswithoutborders.org/...
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
[10]cid:image001.jpg@01D30607.6CF4DA00[11]cid:image002.jpg@01D30607.6CF4DA00[12]cid:image003.jpg@01D30607.6CF4DA00 [13]cid:image004.jpg@01D30607.6CF4DA00
[14]cid:image005.jpg@01D30607.6CF4DA00
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
7. mailto:[DPMC request email]
9. http://www.pmc.gov.au/
10. https://twitter.com/pmc_gov_au
11. https://www.linkedin.com/company/departm...
12. https://twitter.com/indigenous_gov
13. https://www.facebook.com/indigenous.gov....
OFFICIAL
Dear Mr Wilson
We write in relation to your request for internal review, dated 27 May
2020, in relation to the decision by the Department of the Prime Minister
and Cabinet (the Department) in relation to your request FOI/2020/073.
The relevant line area within the Department has considered the additional
information you provided and it appears that the particular ASIC record
you are referring to, is for the Business Name “Aboriginal and Torres
Strait Island Land Account”, which is in this ASIC link:
[1]https://connectonline.asic.gov.au/Regist...
The relevant line area in the Department advised that responsibility for
Land Councils has been transferred to the National Indigenous Australians
Agency (NIAA), which is a separate executive agency established on 1 July
2019.
On this basis, you may wish to refer your request to the NIAA. Further
information on how to make an FOI request to the NIAA is at
[2]https://www.niaa.gov.au/foi.
Accordingly, we invite you to advise us if you wish to withdraw this
internal review request. Your response by 18 June 2020 would be
appreciated.
Yours sincerely
FOI Adviser
FOI and Privacy Section| Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
[3]http://www.dcducks.com/wp-content/themes...
6271 5849
[4]http://cdn.mysitemyway.com/icons-waterma... request email]
[6]https://www.musicianswithoutborders.org/...
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
[8]cid:image001.jpg@01D30607.6CF4DA00[9]cid:image002.jpg@01D30607.6CF4DA00[10]cid:image003.jpg@01D30607.6CF4DA00[11]cid:image004.jpg@01D30607.6CF4DA00
[12]cid:image005.jpg@01D30607.6CF4DA00
-----Original Message-----
From: Brett Wilson <[13][FOI #6261 email]>
Sent: Wednesday, May 27, 2020 2:20 PM
To: FOI <[14][email address]>
Subject: Internal review of Freedom of Information request - FOI REQUEST
documents in accordance with the Freedom of Information Act 1982
Dear FOI,Department of the Prime Minister and Cabinet.
Thank you for your FOI Response. There seems to be some confusion and I am
requesting some further clarification. This follow up request is now a
Request for Internal Review.
I brought to your attention the following entity that it is recorded with
ASIC that the holder of ABN: 18 108 001 191 Holder(s) details: Holder
name: THE DEPARTMENT OF THE PRIME MINISTER AND CABINET is defined as
Holder type: Other Unincorporated Entity
ABN: 18 108 001 191
Organisational Representative Details: Name: Ida Pedersen Start date:
14/01/2014.
The above has defined THE DEPARTMENT OF THE PRIME MINISTER AND CABINET as
an ''Other Unincorporated Entity'' and not as a Non Registered Entity. Can
you provide further clarification and information or a document that was
submitted to ASIC registering THE DEPARTMENT OF THE PRIME MINISTER AND
CABINET on the ASIC data base, as a Non Registered Entity which is in
direct conflict with the Holder Type as listed against ABN: 18 108 001 191
being a Other Unincorporated Entity.
According to the ATO, ''an unincorporated entity It is a group of people
who agree to act together as an organisation and form an association.'' I
am of the assumption that this is how the Department of PM and Cabinet
operates? Can you confirm this assumption? The ATO goes on to say ''The
group can remain informal and its members make their own rules on how the
group is managed. The rules may also be referred to as a constitution.''
Please note, this is the type of constitution of which I was referring too
in my FOI request of which I was seeking a copy from your office where you
have suggested in your response that it does not exist.
Because the department of PM and Cabinet is not recognised in the
Commonwealth Constitution, as confirmed by the 1988 Constitutional
Commission, it seems feasible that the Department of PM and Cabinet should
have its own Constitution that might empower its committee members to do a
certain thing?
The ATO goes on to say, ''An unincorporated association is however an
entity under tax law and treated as a company for income tax purposes.''
[15]https://www.ato.gov.au/Non-profit/Gettin...
I look forward to your review and response.
Yours sincerely,
Brett Wilson
-----Original Message-----
OFFICIAL
Dear Mr Wilson
Please see attached the decision in response to the request you made to
the Department of the Prime Minister and Cabinet under the Freedom of
Information Act 1982.
Sincerely
FOI Adviser
FOI and Privacy | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. (02) 6271 5849
e. [1][DPMC request email] | w. [2][16]www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
[3]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We
pay respect to their Cultures, Country and Elders both past and present.
-
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We
pay respect to their Cultures, Country and Elders both past and present.
References
Visible links
1. [17]mailto:[DPMC request email]
2. [18]http://www.pmc.gov.au/
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More information on how Right to Know works can be found at:
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______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. https://connectonline.asic.gov.au/Regist...
2. https://www.niaa.gov.au/foi
5. mailto:[DPMC request email]
7. http://www.pmc.gov.au/
8. https://twitter.com/pmc_gov_au
9. https://www.linkedin.com/company/departm...
10. https://twitter.com/indigenous_gov
11. https://www.facebook.com/indigenous.gov....
13. mailto:[FOI #6261 email]
14. mailto:[email address]
15. https://www.ato.gov.au/Non-profit/Gettin...
16. http://www.pmc.gov.au/
17. mailto:[dpmc
18. http://www.pmc.gov.au/
19. mailto:[FOI #6261 email]
20. https://www.righttoknow.org.au/help/offi...
Dear FOI Officer/Adviser Department of Prime Minister and Cabinet,
I brought to your attention on 27 May 2020, the following entity that it is recorded with ASIC and the holder of ABN: 18 108 001 191 Holder(s) details: Holder name: THE DEPARTMENT OF THE PRIME MINISTER AND CABINET is defined as Holder type: Other Unincorporated Entity against the ABN: 18 108 001 191 Aboriginal and Torres Strait Island Land Account.
In your May 22 2002 response, you provided an ASIC report or print out that stated the Status of Department of Prime Minister and Cabinet as being: Not Registered-Organisations Of Type 'Nonc','Nret.
I am of the assumption, the above ASIC report and definition you initially provided, conflicts with the holder type below as being defined as an ''Other Unincorporated Entity.'' https://connectonline.asic.gov.au/Regist...
The Department of Prime Minister and Cabinet is defined by ASIC as the holder of ABN: 18 108 001 191 and the Holder listed on that ASIC report is defined as an ''Other Unincorporated Entity'' and this entity consists of a committee that includes the PM himself.
It is my understanding that all unincorporated entities like the Holder ‘’Department of Prime Minister and Cabinet’ ’that consists of a committee, must have a written Constitution for the Committee and Holder acting under the ''Other Unincorporated Entity'', a set of rules that give the Committee and it members the authority to do a certain thing.
Let me make it clear, that I do not seek any information in relation to the Aboriginal Land Council. I seek information in relation to a written Constitution belonging to the ''Other Unincorporated Entity'' as defined by ASIC being: The Department of Prime Minister and Cabinet.
As I stated on 27 May 2020, according to the ATO, ''an unincorporated entity’’ like the Department of Prime Minister and Cabinet, is a group of people who agree to act together as an organisation and form an association.'' I am of the assumption that this is how the Department of PM and Cabinet must operate according to law? Once again, can you confirm this assumption as a matter of public interest in your next response?
The ATO goes on to say ''The group can remain informal and its members make their own rules on how the group is managed. The rules may also be referred to as a CONSTITUTION.''
It is my understanding, it is a generally recognised legal principle, that a Constitution is a contract between the association and its members, who agree to adhere to the provisions outlined in the constitution.
Please note, this is the type of constitution of which I was referring too, a written Constitution for the Department of Prime Minister and Cabinet only, as stated in my FOI request, of which I was seeking a copy from your office where you have suggested in your response, that it does not exist under the Not Registered-Organisations Of Type 'Nonc','Nret entity, a definition which is in conflict with the Registered Holder being Department of PM and Cabinet listed against holder of ABN: 18 108 001 191 Aboriginal and Torres Strait Island Land Account .
Once again, because the Department of PM and Cabinet is not recognised in the Commonwealth Constitution, as confirmed by the 1988 Constitutional Commissions background papers and the final Constitutional Commission Report, it seems feasible to me, that the Department of PM and Cabinet as an unincorporated organisation or association acting as an ''Other Unincorporated Entity', should have its own Constitution that might empower its committee members to do a certain thing.
The ATO goes on to say, ''An unincorporated association is however an entity under tax law and treated as a company for income tax purposes.'' https://www.ato.gov.au/Non-profit/Gettin...
In summary, I merely seek a copy of the following document as a matter of public interest:
1. A copy of the written Constitution for the unincorporated organisation or association named ‘’Department of Prime Minister and Cabinet’’ acting as an unincorporated organisation or association, and defined by ASIC being the holder of ABN: 18 108 001 191 and Holder type ''Other Unincorporated Entity.'
I look forward to your review and response.
Yours sincerely,
Brett: wilson
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OFFICIAL
Dear Mr Wilson
Please find attached the decision in relation to your request for internal
review.
Yours sincerely
FOI Adviser
FOI and Privacy Section| Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
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References
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