Procedure for Trespass upon the case
Dear ACT Law Courts And Tribunal Administration,
There is no publicly documented procedure/rules/legislation for the handling of a qualified employee, PUBLIC SERVANT (or other) of the said ACT Law Courts and Tribunal that:
1. Does trespass upon the case of a man or woman that require to prosecute a claim in a common law Court of Record at the Supreme Court of the Australian Capital Territory.
i require:
a. the documented said procedure(s); and
b. the name(s) and position(s) of the qualified employee, PUBLIC SERVANT or other that has responsibility for enforcing said procedure(s); and
c. if there are no said procedure/rules/legislation, provide the name(s) and position(s) of the qualified employee, PUBLIC SERVANT or other that has responsibility
godspeed
dated 20th day of February 2022
i: a man; Shaun
Thank you for contacting the ACT Justice and Community Safety Directorate
FOI team.
Please note that this is an automated response to confirm that your email
has been received.
If you wish to lodge a request for access to documents under the Freedom
of Information Act 2016 (FOI Act) please ensure that your request is in
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The FOI team can be contacted on 02 6207 2167
OFFICIAL
Dear Shaun
This email acknowledges receipt of your FOI requests (below) received on
20 and 22 February 2022 by the ACT Courts and Tribunal
[1]www.courts.act.gov.au . You appear to be seeking procedures regarding
physical access to the ACT Law Courts building and in relation to lodging
a private criminal prosecution under common law.
Information regarding access to the Court building is available on our
court website. During the pandemic, access requirements have changed and
the latest information is available at
[2]https://www.courts.act.gov.au/about-the-...
.
In relation to private criminal prosecutions, legal procedure is outlined
in a range of laws including [3]Courts Procedures Act 2004 , [4]Court
Procedure Rules 2006 , [5]Evidence Act 2011 , [6]Criminal Code 2002 and
[7]Crimes Act 1900. The Judiciary and Registrars of the Courts are
responsible for the flow of matters through the ACT Magistrates Court and
ACT Supreme Court.
The Court website has some educational videos about how the criminal law
process works. You might like to view them at
[8]https://courts.act.gov.au/about-the-cour...
There may be other legislation or [9]court practice directions or notes
that might be applicable to certain matters and the processes they
follow. Therefore the type of information you may require may be on the
public record available through the legislation register at
[10]www.legislation.act.gov.au or the ACT Courts website
[11]www.courts.act.gov.au .
If you wish to commence a private prosecution, you need to undertake the
following steps:
1. Complete Form 3– Information and Summons to commence proceedings (link
[12]Magistrates Court Act 1930—Form 3 | PDF)
2. Arrange an appointment to attend in person before a Deputy Registrar
of the ACT Magistrates Court to swear to the information
3. Pay the fee of $88 for laying an information for an offence
4. Arrange service of the information and summons on the respondents
For further information about the above court process, please contact the
Court Listings Unit via [13][email address] . Can I suggest
you might like to make contact with Legal Aid ACT or a community legal
centre who may be able to explain the relevant legal processes to you.
Seeking information under FOI is a way of obtaining information that isn’t
publicly available to you. I have attached a booklet providing
information about the FOI process. Given the information you seek is
already publicly available, your previous FOI requests have been
unsuccessful (see attached responses). Section 30 (2) (a) of the [14]FOI
Act 2016 states your application must include enough detail to enable an
agency to identify the government information you are seeking.
Could you please review the scope of your FOI requests below, and make it
clearer what information you are seeking, given you have already requested
information about trespass and access previously (see attached letters).
If the ACT Courts does not hear back from you within 3 months, your
requests under FOI will have been taken to be withdrawn.
Kind regards
Tony | Director | Governance Team
ACT Courts and Tribunal
4 Knowles Place Canberra City 2601 |GPO Box 370 Canberra ACT 2601 |
[15]www.courts.act.gov.au
OFFICIAL
Dear Shaun
This email acknowledges receipt of your FOI requests (below) received on
20 and 22 February 2022 by the ACT Courts and Tribunal
[1]www.courts.act.gov.au . You appear to be seeking procedures regarding
physical access to the ACT Law Courts building and in relation to lodging
a private criminal prosecution under common law.
Information regarding access to the Court building is available on our
court website. During the pandemic, access requirements have changed and
the latest information is available at
[2]https://www.courts.act.gov.au/about-the-...
.
In relation to private criminal prosecutions, legal procedure is outlined
in a range of laws including [3]Courts Procedures Act 2004 , [4]Court
Procedure Rules 2006 , [5]Evidence Act 2011 , [6]Criminal Code 2002 and
[7]Crimes Act 1900. The Judiciary and Registrars of the Courts are
responsible for the flow of matters through the ACT Magistrates Court and
ACT Supreme Court.
The Court website has some educational videos about how the criminal law
process works. You might like to view them at
[8]https://courts.act.gov.au/about-the-cour...
There may be other legislation or [9]court practice directions or notes
that might be applicable to certain matters and the processes they
follow. Therefore the type of information you may require may be on the
public record available through the legislation register at
[10]www.legislation.act.gov.au or the ACT Courts website
[11]www.courts.act.gov.au .
If you wish to commence a private prosecution, you need to undertake the
following steps:
1. Complete Form 3– Information and Summons to commence proceedings (link
[12]Magistrates Court Act 1930—Form 3 | PDF)
2. Arrange an appointment to attend in person before a Deputy Registrar
of the ACT Magistrates Court to swear to the information
3. Pay the fee of $88 for laying an information for an offence
4. Arrange service of the information and summons on the respondents
For further information about the above court process, please contact the
Court Listings Unit via [13][email address] . Can I suggest
you might like to make contact with Legal Aid ACT or a community legal
centre who may be able to explain the relevant legal processes to you.
Seeking information under FOI is a way of obtaining information that isn’t
publicly available to you. I have attached a booklet providing
information about the FOI process. Given the information you seek is
already publicly available, your previous FOI requests have been
unsuccessful (see attached responses). Section 30 (2) (a) of the [14]FOI
Act 2016 states your application must include enough detail to enable an
agency to identify the government information you are seeking.
Could you please review the scope of your FOI requests below, and make it
clearer what information you are seeking, given you have already requested
information about trespass and access previously (see attached letters).
If the ACT Courts does not hear back from you within 3 months, your
requests under FOI will have been taken to be withdrawn.
Kind regards
Tony | Director | Governance Team
ACT Courts and Tribunal
4 Knowles Place Canberra City 2601 |GPO Box 370 Canberra ACT 2601 |
[15]www.courts.act.gov.au