Provisons for right of movement
Dear Department of Foreign Affairs and Trade,
I require the Department to provide the documented provisions (or special provisions), legislation, policy or other documents that:
A. Ensure the right of a man (a non-legal entity) is not interfered with whilst moving between different land masses (commonly known as a unincorporated country, or within the realm/Commonwealth) as further described by points 1 and 2 below:
1. The Attorney General's Department has provided information via a FOI request ( https://www.righttoknow.org.au/request/1... ), reference: FOI24/213; CM24/8446, dated 20 May 2024, that: there is no legislation or documents that give a Federal Agency, and/or Federal Employee, and/or other Federal personnel jurisdiction over a man; and
2. Various Australian States and Territories and the Commonwealth [the realm], have legislation enforced that ensure a man is not denied or deferred either justice or right. Nor can a man can be disseised of liberties. For example, ACT Legislation: https://www.legislation.act.gov.au/View/... , and similar/same for the United Kingdom, New Zealand, and others.
B. If the Department has no provisions (or special provisions) or documents to ensure the right and liberty of a man is not denied/disseised, I require the policy, legislation, or other documents that the Department of Foreign Affairs and Trade can:
1. require a man into involuntary servitude; and
2. deny a man the right to move between land masses; and
3. deny a man liberty
Thanks in advance
Yours faithfully,
Bob
OFFICIAL
FOI Request: LEX 11028
Dear Bob
Thank you for your email dated 5 June 2024 seeking access to documents under the Freedom of Information Act 1982 (FOI Act).
This email sets out some information about how your request will be processed by the Department of Foreign Affairs and Trade (the department), together with requesting that you withdraw your request.
Scope of request
You have sought access to:
I require the Department to provide the documented provisions (or special provisions), legislation, policy or other documents that:
A. Ensure the right of a man (a non-legal entity) is not interfered with whilst moving between different land masses (commonly known as a unincorporated country, or within the realm/Commonwealth) as further described by points 1 and 2 below:
1. The Attorney General's Department has provided information via a FOI request, reference: FOI24/213; CM24/8446, dated 20 May 2024, that: there is no legislation or documents that give a Federal Agency, and/or Federal Employee, and/or other Federal personnel jurisdiction over a man; and
2. Various Australian States and Territories and the Commonwealth [the realm], have legislation enforced that ensure a man is not denied or deferred either justice or right. Nor can a man can be disseised of liberties. For example, ACT Legislation: and similar/same for the United Kingdom, New Zealand, and others.
B. If the Department has no provisions (or special provisions) or documents to ensure the right and liberty of a man is not denied/disseised, I require the policy, legislation, or other documents that the Department of Foreign Affairs and Trade can:
1. require a man into involuntary servitude; and
2. deny a man the right to move between land masses; and
3. deny a man liberty
Request for assistance
Invitation to withdraw your request
For the reasons set out below, we would be grateful if you withdrew your FOI request.
Additional information
The department’s purpose is to make Australia stronger, safer and more prosperous, to provide timely and responsive consular and passport services, and to ensure a secure Australian Government presence overseas.
The department leads Australian Government efforts at 116 posts in 86 countries. We provide a secure, safe and connected presence for the Australian Government to pursue opportunities overseas. Through our posts, we also deliver high quality consular and passport services to Australians overseas.
The department leads efforts across government, in partnership with business and the wider community, in pursuit of international opportunities. We champion the multilateral system, support our region to mitigate and respond to the increasing frequency of disasters, and advise on new opportunities to pursue Australia’s national interests. We provide international policy advice to the Government, deliver Australia’s new International Development Policy, strengthen trade and investment ties, build economic resilience, and demonstrate Australia’s growing climate leadership.
The department does not track the movement of people across Australian borders, nor do we track the movement of people within, or between, States and Territories. As such, the department would not ordinarily hold any of the documents you have sought access to.
State/Territory movement
You would need to contact the respective State or Territory government authority for information regarding States or Territories.
The Australia’s Constitution – with Overview and Notes by the Australian Government Solicitor provides minimal information regarding section 92 of the Constitution providing for the freedom of movement across State borders - https://www.aph.gov.au/-/media/05_About_....
Further, Papers on Parliament – Law and border – who has the power to control movement across state borders? (Anne Twomey) discusses section 92 in further detail - https://www.aph.gov.au/-/media/05_About_....
International movement
If you would like information on international movement records, you will need to contact the Department of Home Affairs (Home Affairs) as they are the responsible agency for the movement of people across Australian borders.
You can contact Home Affairs through their website – http://www.homeaffairs.gov.au/access-and....
We note that given the scope of your request, Home Affairs may not hold any relevant documents.
General FOI matters
Timeframe for receiving our decision
We received your request on 5 June 2024 and the 30-day statutory period for processing your request commenced from the day after that date. You should therefore expect a decision by 5 July 2024. The period of 30 days may be extended in certain circumstances, for example if we need to consult with a third party.
Exclusion of officials’ names and contact details
It is the department’s policy to withhold the mobile numbers of all government officials, and the names, gender pronouns, and contact details of government officials not in the Senior Executive Service (SES) or equivalent. If you require the mobile numbers of all government officials, or the names and contact details of non-SES officials, please let us know at [DFAT 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.
Should you require any further information please contact the department by reply email.
Kind regards
DFAT FOI Team
_____________________________________________________
Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
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© Brooke Rigney-Lively (2024)
We acknowledge the Traditional Custodians of Country throughout Australia, and their continuing connection to land, waters and community. We pay our respects to all First Nations peoples, their cultures and to their Elders, past, present and emerging.
Kind regards
Dear DFAT FOI team,
Thanks for your prompt response with information supplied. This has helped to narrow the request to the information sought, hence to help clarify the request, some additional information is provided:
i. This request is not about movement of 'people', or movement between States and Territories, or movement of legal entities (such as PERSONs, Individuals, Citizens) across borders, or movement records; and
ii. noting that the Department is responsible for issuance of Passports to permit legal entities travel across Country borders, then it would be expected that the Department (DFAT) provides provisions/special provisions or special arrangements to ensure a man's right of liberty to movement (across a Country border) is not interfered with; and
iii. Points 1 and 2 of the original FOI request in Section A is background information and will help identify the requested documents.
I have amended the original request to read as follows:
As the Department (DFAT) is responsible for the issuance and management of Passports that other Federal Departments and Agencies depend on that relate to borders, commerce of legal entities across borders, I require the Department to provide the documented provisions (or special provisions), or special arrangements, any non-published Legislation, Legislation, policy, or other documents that:
A. Ensure the right of a man (a non-legal entity) is not interfered with whilst moving between different land masses, across a Country border, or across The Commonwealth. The information in points 1 and 2 below provide background to the right of man and the legislation enforced across The Commonwealth and various Countries to ensure the right, liberty and justice of a man is not denied:
1. The Attorney General's Department has provided information via a FOI request reference (see link in original request in this email thread): FOI24/213; CM24/8446, dated 20 May 2024, that: there is no legislation or documents that give a Federal Agency, and/or Federal Employee, and/or other Federal personnel jurisdiction over a man; and
2. Various Australian States and Territories, Countries (such as the United Kingdom, New Zealand) and The Commonwealth [the realm], have legislation enforced that ensure a man is not denied or deferred either justice or right. Nor can a man can be disseised of liberty. An example of this legislation can be found https://www.legislation.act.gov.au/View/... and is similar/same to the United Kingdom, New Zealand, The Commonwealth, and others.
B. If the Department (DFAT) has no documented provisions (or special provisions), or special arrangements, or any non-published legislation, policy or other documents to ensure the right and liberty of a man is not denied/disseised when moving: between land masses, across a Country Border, or throughout The Commonwealth, then, I require the policy, legislation, or other documents that the Department of Foreign Affairs and Trade can:
1. require a man into involuntary servitude by requiring a man give up rights and liberties to involuntary serve under the limited and revocable rights of a legal entity with a Passport in order to move between land masses, a Country Border, or throughout The Commonwealth; and
2. deny a man the right to move between land masses, a Country Border, or throughout The Commonwealth; and
3. deny a man liberty
Please advise if you have any questions.
Yours sincerely,
Bob