OFFICIAL
Dear Mr Fairless

I refer to your email below seeking documents relating to the group known as “Nmdaka Dalai Australis”.

The Freedom of Information Act 1982 (Cth) (FOI Act) has a very limited application to the Federal Court of Australia (Court) (FOI Guidelines, paragraphs 2.8 –2.10). Although the Court is a “prescribed authority” in accordance with subsection 5(1)(a) of the FOI Act, subsection 5(1) makes clear that the only request that can validly be made to the Court under the FOI Act is to access a document that relates to “matters of an administrative nature”. Documents concerning court proceedings and court related processes do not relate to the management and administration of registry and office resources and therefore fall outside the application of the FOI Act to the Federal Court of Australia.

Given the application of the FOI Act to the Court, we would ask that you consider your request, its current wide scope, and the nature of the documents you are seeking.

Kind regards

FOI Officer
Federal Court of Australia

-----Original Message-----
From: Ben Fairless <[FOI #11707 email]>
Sent: Wednesday, July 17, 2024 10:31 PM
To: External FOI <[email address]>
Subject: Freedom of Information request - Nmdaka Dalai Australis

[You don't often get email from [FOI #11707 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

Caution: This is an external email. DO NOT click links or open attachments unless you recognise the sender and know the content is safe.

Dear Federal 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

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Please use this email address for all replies to this request:

[FOI #11707 email]

Is [Federal Court of Australia request email] the wrong address for Freedom of Information requests to Federal Court of Australia? If so, please contact us using this form:

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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:

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Please note that in some cases publication of requests and responses will be delayed.

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OFFICIAL
Dear Mr Fairless

Thank you for your email.

Kind regards

FOI Officer
Federal Court of Australia

-----Original Message-----
From: Ben Fairless <[FOI #11707 email]>
Sent: Wednesday, July 24, 2024 7:23 PM
To: External FOI <[email address]>
Subject: RE: Freedom of Information request - Nmdaka Dalai Australis [SEC=OFFICIAL]

[You don't often get email from [FOI #11707 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

Caution: This is an external email. DO NOT click links or open attachments unless you recognise the sender and know the content is safe.

Dear External FOI,

Thank you for your email. I won’t proceed with the request at this time.

Yours sincerely,

Ben Fairless

-----Original Message-----

OFFICIAL

Dear Mr Fairless

I refer to your email below seeking documents relating to the group known as “Nmdaka Dalai Australis”.

The Freedom of Information Act 1982 (Cth) (FOI Act) has a very limited application to the Federal Court of Australia (Court) (FOI Guidelines, paragraphs 2.8 –2.10). Although the Court is a “prescribed authority” in accordance with subsection 5(1)(a) of the FOI Act, subsection 5(1) makes clear that the only request that can validly be made to the Court under the FOI Act is to access a document that relates to “matters of an administrative nature”. Documents concerning court proceedings and court related processes do not relate to the management and administration of registry and office resources and therefore fall outside the application of the FOI Act to the Federal Court of Australia.

Given the application of the FOI Act to the Court, we would ask that you consider your request, its current wide scope, and the nature of the documents you are seeking.

Kind regards

FOI Officer

Federal Court of Australia

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #11707 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:

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.

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hide quoted sections