Dear Mr Wilson,

 

I refer to your email below received by the Department of the Premier and
Cabinet, Right to Information and Privacy email address.

 

I note your email enquiry relates to the Queensland Public Health Act
2005, which is administered by the Minister for Health and Minister for
Ambulance Services, through Queensland Health. I have provided a link to
the Accessing Queensland Health Information webpage
[1]https://www.health.qld.gov.au/system-gov...,
including details for their Right to Information processes. As such, you
may wish to contact that agency.

 

The Right to Information Act 2009 (RTI Act) gives an applicant the right
to seek access to documents. I mention this because parts of your email
appears to be requesting information or answers to questions, rather than
seeking access to “documents”. As such, you may wish to frame any
application in terms seeking access to documents rather than posing
questions.

 

I also note that some of the documents to which you seek access may
already be publicly available through the Queensland Legislation webpage
here [2]https://www.legislation.qld.gov.au/

 

Making a Right to Information application

 

The RTI Act requires a valid application to be submitted on the approved
form and include the application fee of $50.80.

 

In your application form, please clearly indicate to which
Minister/Department you are applying.

 

Formal access applications may be lodged under the RTI Act and you may
wish to visit the Queensland Government website for details about how to
lodge an access application under the RTI Act, including details of the
relevant fees and charges.

 

The Queensland Government Right to Information and Privacy webpage is
located at the following link:
[3]http://www.rti.qld.gov.au/accessing-gove...

 

I have also attached a PDF version of the Information Access Application
form. This may be completed and sent to the relevant Queensland Government
agency.

 

Should you wish to lodge an application to: the Premier and Minister for
Trade; or to the Department of the Premier and Cabinet, please send your
completed application and any relevant application fees to:

 

By Post:

Manager, Right to Information and Privacy

Department of the Premier and Cabinet

PO Box 15185

CITY EAST  QLD  4002

 

By email:

[4][email address]

                              

I trust this information is of assistance to you.

 

Regards

 

 

Lucas Clarke

Manager, Right to Information and Privacy

Government Services

Department of the Premier and Cabinet

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

P 07 3003 9230

Level 28, 1 William Street, Brisbane QLD 4000

PO Box 15185, City East, QLD 4002

  

 

-----Original Message-----
From: Brett Wilson <[FOI #6306 email]>
Sent: Wednesday, 22 April 2020 3:01 PM
To: DPC Right to Information <[Queensland Department of Premier and Cabinet request email]>
Subject: Right to Information request - QLD Public Health Act 2005 Part 7
A

 

Dear Queensland Department of Premier and Cabinet,

 

This request for information relates to the QLD Public Health Act 2005.

 

I first made this request to the QLD Department of Justice and Attorney
Generals Office who referred me back to your Department.

 

The Quick and Garran Annotated Constitution of the Australian Commonwealth
at sub section 132. '' Subject of the Queen.'' defines natural born
subjects where it says - At common law everybody, who's birth happens
within the allegiance of the Crown, is a natural-born subject. ''The
character of a natural-born subject, anterior to any statutes, was
incidental to birth only; whatever were the situations of his parents, the
being born within the allegiance of the King constitutes a natural born
subject.''

 

Constitution Act 1900.

Covering Clause 2.

The provisions of this Act referring to the Queen shall extend to Her
Majesty’s heirs and successors in the sovereignty of the United Kingdom.

 

The following information is requested:

 

That you satisfy the presumption that the QLD Public Health Act 2005 Part
7 A particular powers for Covid 19 emergency, can be applied to a Subject
of the Queen, as per the Queen and head of power listed in Covering Clause
2 of the Commonwealth Constitution, restricting freedom of movement of a
subject.

 

It is requested that you provide evidence of a copy of an Act or
Instrument under the Public Health Act 2005, that satisfies the
presumption that binds a Subject of the Queen to the Public Health Act
2005, the Act.

 

I also request a copy of the document, instrument, referendum or source of
power to create an Act of Parliament in the State of QLD, that can usurp a
subject or citizens rights, denying them the RIGHT to do commerce and
travel unobstructed by State regulations and restrictions or obstruct a
subjects intercourse in an among the States under Sect 92 of the
Constitution of the Australian Commonwealth.

 

I also request a copy of the document, instrument, referendum or source of
power to validly create State emergency powers, or State Departmental
emergency powers, that override the laws of the Constitution of the
Australian Commonwealth?

 

It is requested the information be provided within 28 days of this request
having been made.

 

I expect that your Department provide the documentary evidence related to
the subject matter requested and to satisfy the presumption that the QLD
Parliament has the authority to restrict the freedom of movement and or
public gatherings, fine arrest or penalise a man or woman under the QLD
Public Health Act 2005, when a man or woman resident in the State of QLD,
is acting in their capacity as a subject of the Queen as defined at sub
section 132 of The Quick and Garran Annotated Constitution of the
Australian Commonwealth.

 

Yours faithfully,

 

Brett Wilson

 

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

 

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

[5][FOI #6306 email]

 

Is [6][Queensland Department of Premier and Cabinet request email] the wrong address for Right to Information
requests to Queensland Department of Premier and Cabinet? If so, please
contact us using this form:

[7]https://www.righttoknow.org.au/change_re...

 

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:

[8]https://www.righttoknow.org.au/help/offi...

 

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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This email is intended only for the addressee. Its use is limited to that
intended by the author at the time and it is not to be distributed without
the author's consent. Unless otherwise stated, the State of Queensland
accepts no liability for the contents of this email except where
subsequently confirmed in writing. The opinions expressed in this email
are those of the author and do not necessarily represent the views of the
State of Queensland. This email is confidential and may be subject to a
claim of legal privilege. If you have received this email in error, please
notify the author and delete this message immediately

References

Visible links
1. https://www.health.qld.gov.au/system-gov...
2. https://www.legislation.qld.gov.au/
3. http://www.rti.qld.gov.au/accessing-gove...
4. mailto:[email address]
5. mailto:[FOI #6306 email]
6. mailto:[Queensland Department of Premier and Cabinet request email]
7. https://www.righttoknow.org.au/change_re...
8. https://www.righttoknow.org.au/help/offi...

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