FOI requesting the instrument used to create the Federal Court of Australia refused

FOI requesting the instrument used to create the Federal Court of Australia refused

Former Senator of the 45th Parliament, Rod Culleton made a freedom of information request, requesting the instrument, or otherwise information, that demonstrates that the Federal Court of Australia Act 1976 complied with section 58 of the Commonwealth Constitution, in becoming law:

  1. to establish the Federal Court of Australia;
  2. to establish the authority to issue writs in the name of the Federal Court of Australia, and
  3. to establish the role of the Chief Executive Officer for the Federal Court of Australia.

The officer authorised under section 23(1) of the Freedom of Information Act 1982 replied that he was satisfied that reasonable steps to locate the documents were undertaken. He also added that the documents cannot be found or do not exist within the department’s records holdings, and therefore refused access pursuant to section 24A of the FOI Act 1982.

Mr. Culleton said that the AEC and the Australian Government Solicitors recently threatened legal action against the Great Australian Party in the Federal Court of Australia, a jurisdiction declared to have no prerogative and/or judicial power linked to the Commonwealth of Australia Constitution Act.

Authorised by Ian Nelson for the Great Australian Party, 65 Cardinal Cct, Caboolture, 4510