Nmdaka Dalai Australis
Ben Fairless made this Freedom of Information request to Family Court of Australia as part of a batch sent to 2 authorities
Dear Family Court of Australia,
I’m looking for documents related to the group known as “Nmdaka Dalai Australis” that fall into the below categories:
1. Internal correspondence between court officers
2. Correspondence between the court and any other state or federal agency
I understand my request Might be a little bit vague, so I’m seeking your assistance in refining the request if you feel that it’s unclear.
Please consider processing this request administratively. If it can’t be processed in this way, please process it as a formal FOI request.
Yours faithfully,
Ben Fairless
Please note that this email address is no longer monitored.
Please direct any email correspondence intended for the Federal Circuit
and Family Court of Australia to [email address]
Kind regards,
Customer Service
Federal Circuit and Family Court of Australia
OFFICIAL
Dear Ben Fairless
I refer to your correspondence below addressed to the Family Court of Australia. I take your correspondence to be directed to the Federal Circuit and Family Court of Australia (Division 1).
Your correspondence seeks documents relating to the group known as "Nmdaka Dalai Australis".
You acknowledge your request is vague and seek the Court's assistance to refine your request.
In this regard, I note that the FOI Act has a restricted application to the Court (paragraphs 2.8 - 2.10 of the FOI Guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act (the Guidelines)). The Court is a 'prescribed authority' for the purpose of the FOI Act, but the Act does not apply to judicial officers (subsection 5(1) of the FOI Act and paragraph 2.8 of the Guidelines). Subsection 5(1) of the FOI Act provides:
For the purposes of this Act:
(a) a court (other than a court of Norfolk Island) shall be deemed to be a prescribed authority;
(b) the holder of a judicial office (other than a judicial office in a court of Norfolk Island) or other office pertaining to a court (other than a court of Norfolk Island) in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and
(c) a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court;
but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.
In accordance with subsection 5(1) of the FOI Act, the FOI Act only applies to documents relating to 'matters of an administrative nature'. The phrase 'matters of an administrative nature' was clarified by the High Court of Australia in Kline v Official Secretary of the Governor General (2013) 249 CLR 645 (Kline). The Court confined this term to documents in relation to "the management and administration of registry and office resources" (para [47]) and not to documents relating to the exercise of powers and functions of adjudication or tasks that are associated with this (see para [45]). That judgment makes it clear that, in the view of those judges, documents held by a federal court relating to individual cases can never be characterised as documents "relating to 'matters of an administrative nature'" (see paragraph [51]).
Noting the above application of the FOI Act to the Court, I would invite you to consider your request and the nature of the documents you are seeking.
It is also noted that your request, as currently stated, would require searches to be undertaken of correspondence by all officers of the Court over an indefinite period. I advise that the resource impact of processing the request would be substantial.
Kind Regards,
Amanda
Freedom of Information Officer
Federal Circuit and Family Court of Australia
I acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
OFFICIAL
Dear Ben Fairless
I refer to your correspondence of 17 July 2024 addressed to the Family Court of Australia and the response sent to you on 22 July 2024.
Having regard to the correspondence, can you please advise whether you are pursuing your request under the FOI Act and, if so, whether you will be refining the request.
Kind Regards,
Amanda
Freedom of Information Officer
Federal Circuit and Family Court of Australia
I acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
Kind Regards,
Judicial Registrar Morris
National Judicial Registrar
Customer Service
Federal Circuit and Family Court of Australia
I acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.