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Unalienable Rights

Dean Miles made this Freedom of Information request to Department of Home Affairs

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Dear Department of Home Affairs,

I would like to wish all the staff a very Happy Easter this long weekend.

I request any evidence held by The Department of Home Affairs, that any man, woman or child has a contract in any form, not limited to things or matters including but not limited to those ultra vires, or purports to relinquish our unalienable rights to social corporations and subsidiaries to all levels of government, local, state, Commonwealth, have Jurisdiction over the men women and children of Australia, or any claim the men, women and children of Australia are property of any government and its subsidiaries involved in the day to day operations of government across Australia its states and territories since Federation.

Yours faithfully,

Dean Miles

FOI, Department of Home Affairs

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Information updated 11 January 2022

 

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FOI, Department of Home Affairs

OFFICIAL: Sensitive
Personal-Privacy

22 April 2022

Dean Miles
BY EMAIL: [FOI #8758 email]

In reply please quote:
FOI Request: FA 22/04/00805
File Number: OBJ2022/9801

Dear Dean Miles

I refer to your email dated 17 April 2022 in which you request access to information held by the Department of Home Affairs (the Department) under the Freedom of Information Act 1982 (the FOI Act).

I am writing to advise you that your request is not valid for the purposes of section 15(2)(b) of the FOI Act, and to provide you with an opportunity to revise your request so that it is a valid request. This is called a ‘request consultation process’. You have 14 days to respond to this notice in one of the ways set out below.

Scope of Request

You have requested access to the following:

Freedom of Information request - Unalienable Rights

I request any evidence held by The Department of Home Affairs, that any man, woman or child has a contract in any form, not limited to things or matters including but not limited to those ultra vires, or purports to relinquish our unalienable rights to social corporations and subsidiaries to all levels of government, local, state, Commonwealth, have Jurisdiction over the men women and children of Australia, or any claim the men, women and children of Australia are property of any government and its subsidiaries involved in the day to day operations of government across Australia its states and territories since Federation.

Power to refuse request

Section 24 of the FOI Act provides that if the Department is satisfied that a practical refusal reason exists in relation to a request, the Department must undertake a consultation process with you, and if, after that consultation process, the Department remains satisfied that the practical refusal reason still exists, the Department may refuse to give you access to the documents subject to the request.

Practical refusal

A practical refusal reason exists if either (or both) of the following applies:
(a) the work involved in the processing of the request would substantially and unreasonably divert the resources of the Department from its other operations
(b) the request does not satisfy the requirement in section 15(2)(b) of the FOI Act, which requires you to provide such information concerning the document you are seeking access to, to enable the Department to be able to identify it.

Reasons for practical refusal

The Department has considered the scope of this request and its capacity to conduct searches of relevance based on the current scope. The Freedom of Information Act 1982 provides a right to obtain access to “a document of an agency”. It is my preliminary view that your request, in its current form, does not
satisfy the requirement in section 15(2)(b) of the FOI Act and is therefore not valid.

In consideration of the above, I am satisfied that the Department is currently unable to identify documents of relevance based on the information provided in scope. I consider that this would result in the decision maker being unable to certify that all relevant documents have been provided and considered in the assessment of this request and that a practical refusal reason exists in relation to this request.

As such, I am satisfied that your request is not valid and a practical refusal reason exists in this request.

Request Consultation Process

To enable the Department to consider your request for access under the FOI Act, the Department will require sufficient information concerning the specific existing documents you are seeking access to, so as to enable the Department to identify those documents.

“[A]ny evidence” is necessarily a broad concept, encompassing but not restricted to any and every form of legal and/or policy advice, Ministerial submissions/briefs, guidelines, standard operating procedures, proformas, and so forth. Any such document, if such documents exist, would or could be held by any and every section of the Department, including records of any and every individual that has ever had an encounter of any and every kind with the Department. Moreover, identifying any such document, if such documents exist, may in itself require a legal opinion to determine if that document would or could in fact have that effect that you describe.

You may wish to revise to restrict your request to: legal and/or policy advice, and Ministerial submissions/briefs addressing the matter you describe.

Please also specify a timeframe for your request, for example, documents created within the last five years.

You now have an opportunity to revise your request to enable it to proceed.

Your request is currently not a valid request for the purposes of section 15(2)(b) of the FOI Act. As part of this practical refusal consultation, you have 14 days to do one of the following:
• withdraw your request;
• make a revised request;
• indicate that you do not wish to revise your request.

If you do not do one of the three things listed above during the consultation period (14 days) or you do not consult the contact person listed below during this period, the Department will take no further action with your request.

Contact

Should you wish to revise your request or have any questions in relation to this process, please do not hesitate to contact [Department of Home Affairs request email].

Kind regards

Jade
Position number: 60107422
Authorised FOI Officer
FOI and Records Management Branch | Data Division
Strategy and National Resilience Group
Department of Home Affairs
E: [Department of Home Affairs request email]

Personal-Privacy
OFFICIAL: Sensitive

show quoted sections

Dear FOI,

Thank you for your reply.

As it to validity of powers granting Jurisdiction Department of Home Affairs should've been aware Chronological Table of Statutes in the United Kingdom has the Constitution of Victoria 1855 (18 & 19 c.55) WHOLLY IN FORCE NEVER REPEALED or mention of being repealed.

Duplicate copy of the Constitution of Victoria 1855 held in UK Records Office is not an original and does have the AUTOGRAPH or Great Seal of Her Majesty Queen Victoria. This confirms beyond reasonable doubt the Statements by former Chief Justice High Court of Australia Sir Harry Gibbs "I therefore have come to the conclusion, the laws in place in Australia its states and territories HAVE NO BASIS IN LAW"

What Evidence does Dept of Home Affairs hold that any laws in Victoria that rely on Constitution of Victoria 1975 are valid, as confirmed by the United Kingdom it does not appear in the Chronological Table of Statutes 1235-2009?

Yours sincerely,

Dean Miles

FOI, Department of Home Affairs

1 Attachment

OFFICIAL

FOI Request: FA 22/04/00805

File Number: OBJ2022/9801

 

 

 

Dear Mr Miles

 

 

I refer to your FOI request received on 17 April 2022.  

 

 

The Department has made a decision on this request. Please find attached
the decision record under the FOI Act.  

 

 

This request has been closed in our system.

 

 

 

Signed electronically

 

Elaine - position 60097486

Authorised Decision Maker | Freedom of Information Section

FOI and Records Management Branch

Data Division | Strategy and National Resilience Group

Department of Home Affairs
OFFICIAL

 

 

Important Notice: The content of this email is intended only for use by
the individual or entity to whom it is addressed. If you have received
this email by mistake, please advise the sender and delete the message and
attachments immediately.  This email, including attachments, may contain
confidential, sensitive, legally privileged and/or copyright information.
 

Any review, retransmission, dissemination or other use of this information
by persons or entities other than the intended recipient is prohibited. 
The Department of Home Affairs and ABF respect your privacy and have
obligations under the Privacy Act 1988.  

Unsolicited commercial emails MUST NOT be sent to the originator of this
email.

We don't know whether the most recent response to this request contains information or not – if you are Dean Miles please sign in and let everyone know.