Live stream from 29th June 2023, Rod Culleton questions Department of Premier and Cabinet over validity of process, and thus law, Western Australia Constitution Act 1889, s2 Legislature, and Western Australia Interpretation Act 1984.

OFFICIAL NOTICE_WA_Parliament (pdf)

From the Notice:

Questions for Answer
1) In order to become binding law on the people of Western Australia, has the Aboriginal Culture Heritage Act 2021(ACT), fully satisfied the Democratic requirements to overcome the prohibition at ss 2(2)(3) Constitution Act 1889 (WA), in order to become valid law?

2) Notwithstanding the effects of COVID, what evidence can be provided by your department validating official notice of the proposed Act to each registered property owner listed on the “Registry of Title” at Landgate;

3) Will the proclamation of the Aboriginal Culture Heritage Act 2021 be in full compliant to s 5 Interpretation Act 1984 for Royal Assent, being the executive power of the United Kingdom?

4) How may this Act override the rights of a Bona Fide proprietor (Fee Simple) pursuant to s 63 Transfer Land Act 1889 (TLA)?

5) What evidence does the WA Government rely on in order to grant a “right of claim” to any third party to trespass on the rights of a property owner protected by indefeasibility at law? And

6) How may the land of a bona Fide Proprietor be liable to a said Act that has not fulfilled the requirements of s 58 Transfer Land Act 1889 (including, but not limited to, ss20 to 62 TLA and s 37 (1) ((a) to (f)),(2) Interpretation Act 1984 ?

Western Australia Constitution Act 1889
Constitution Act 1889 (pdf)
https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_185_homepage.html (URL)

2. Legislature to be constituted in Western Australia
(1) There shall be, in place of the Legislative Council now subsisting, a Legislative Council and a Legislative Assembly:
and it shall be lawful for Her Majesty, by and with the advice and consent of the said Council and Assembly, to make laws for the peace, order, and good Government of the Colony of Western Australia and its Dependencies: and such Council and Assembly shall, subject to the provisions of this Act, have all the powers and functions of the now subsisting Legislative Council.
(2) The Parliament of Western Australia consists of the Queen and the Legislative Council and the Legislative Assembly.
(3) Every Bill, after its passage through the Legislative Council and the Legislative Assembly, shall, subject to section 73, be presented to the Governor for assent by or in the name of the Queen and shall be of no effect unless it has been duly assented to by or in the name of the Queen.

Western Australia Interpretation Act 1984, Part II, s5, Terms used in written laws.

“Her Majesty, His Majesty, Queen, King, or Crown means the Sovereign of the United Kingdom, Australia and Her other Realms and Territories, and Head of the Commonwealth and includes the predecessors and the heirs and successors of the Sovereign;”

Transfer of Land Act 1893 (current)
https://www.legislation.wa.gov.au/legislation/statutes.nsf/law_a829_currencies.html
58. Instruments not effectual until registered
No instrument until registered in manner herein provided shall be effectual to pass any estate or interest in any land under the operation of this Act or to render such land liable to any mortgage or charge or to make any dealing in respect of Crown land effective, as the case requires; but upon such registration the estate or interest comprised in the instrument shall pass or as the case may be the land shall become liable in manner and subject to the covenants and conditions set forth and specified in the instrument or by this Act declared to be implied in instruments of a like nature, or the dealing in respect of Crown land is made effective, as the case required.
[Section 58 amended: No. 81 of 1996 s. 32; No. 31 of 1997 s. 97.]

62. Notice to be published before effect given to order
(1) Before making any such order the court or judge or Commissioner shall cause notice of the intention so to do to be advertised once at least in one newspaper published in the city of Perth or circulating in the neighbourhood of the land and shall appoint a time within which it shall be lawful for any person interested to show cause against such order being made.

Black’s Law Dictionary
Lawyer
A person learned in the law; as an attorney, counsel, or solicitor. Any person who, for fee or reward, prosecutes or defends causes in courts of record or other judicial tribunals of the United States, or of any of the states, or whose business it is to give legal advice in relation to any cause or matter whatever.

Lawyer noun
One who is versed in the law, or is a practitioner of law; one whose profession is to prosecute or defend suits in courts, or advise clients as to their legal rights, and aid them in securing those rights. It is a general term, comprehending attorneys, counselors, solicitors, proctors, barristers, Serjeants, and advocates.

FOI23154 – FOI Decision Letter and Attachment A (complete letter)

Freedom of information request FOI23/154 – Decision letter
The purpose of this letter is to give you a decision about your request for access to documents under the Freedom of Information Act 1982 (the FOI Act) which you submitted to the Department of the Prime Minister and Cabinet (PMC) and which was transferred under s 16 to the Attorney-General’s Department (the department).

Your request

You made an FOI request to PMC on 7 March 2023 in the following terms
I seek the law made by the Parliament of the Commonwealth under the Constitution, binding on all the courts, judges and people of every State and every part of the Commonwealth for the valid creation of a title for the King to adopt in relation to Australia and its Territories.
I seek the document or instrument containing the enumerated head of power to create the Act known as the Royal Styles and Titles, made under the constitution, binding on all the courts, judges and people of every State and every part of the Commonwealth.
On 8 March 2023 the department accepted transfer of your request from PMC.
On 20 March 2023 the department acknowledged your request.
A decision for your request is due by 6 April 2023.

My decision

I am an officer authorised under section 23(1) of the FOI Act to make decisions in relation to freedom of information requests made to the department.
In making my decision, I have taken the following into account:
• the terms of your request
• advice provided to me by officers with responsibility for matters to which your request relates
• the provisions of the FOI Act, and
• the Guidelines issued by the Australian Information Commissioner under section 93A of the FOI Act
(the Guidelines).

Section 24A of the FOI Act relevantly provides that an agency or Minister may refuse a request for access to a document if all reasonable steps have been taken to find the document and the agency is satisfied that the document:
• is in the agency’s possession but cannot be found, or
• does not exist.

When considering a decision to refuse access under section 24A of the FOI Act, the Guidelines relevantly provide at paragraph 3.89 that an agency or minister should take comprehensive steps to locate documents, having regard to:
• the subject matter of the documents
• the current and past file management systems and the practice of destruction or removal of documents
• the record management systems in place
• the individuals within an agency or minister’s office who may be able to assist with the location of documents, and
• the age of the documents.
To identify the documents for your request, I arranged for staff likely to be able to identify documents to undertake comprehensive searches of relevant departmental information holdings. In particular, a departmental staff member with responsibility for processing FOI requests interrogated the department’s records management system using search terms which were developed with reference to the information provided in the scope of your request. Despite these efforts, no relevant documents were identified.
Having regard to the above, I am satisfied that reasonable steps to locate the documents to which you have sought access were undertaken. I am also satisfied that the documents do not exist within the department’s records holdings. I have therefore decided to refuse access pursuant to section 24A of the FOI Act.

On 22 July 2021, Former Senator Rod Culleton wrote to the Attorney-General’s Department to request access to information regarding the Great Seal of the Commonwealth of Australia & its Termination.

Mr Culleton’s request under the Freedom of Information Act 1982 was as follows:

1. In light of the letter of Mr David Lewis, dated 16 August 2021, in response to my request for information, dated 22 July 2021, and my references above, regarding the authority to terminate the Great Seal of the Commonwealth of Australia, I request the instrument that overrides, suspends or terminates the “indissoluble Federal Commonwealth under the Crown of the United Kingdom…” as qualified by the second clause that binds the Crown and the fifth clause that binds the people, that ought to have been in place at the time of 1973 in making the change of authority to the Australian Government.

2. With reference to termination of the Commonwealth, by substitution of the jurisdiction taken to be solely under the authority of the Australian Government without the Crown, I request the acknowledgement of the Australian people, via the alteration by process of section 128, or otherwise for termination of the Commonwealth and substitution in current practice today.

3. With reference to termination of the Commonwealth, I request the publication of sufficient notice to the Australian people of that change, in light of the current text of the Constitution and prefacing clauses and in light of the celebration of the centenary of the Commonwealth held in 2001.

Ms Joanna Baker who is the departments Assistant Director of the Freedom of Information and Privacy Section has signed off and stated:

“Having regard to the above, I am satisfied that reasonable steps to locate the documents to which you have sought access were undertaken. I am also satisfied that the documents do not exist within the department’s records holdings. I have therefore decided to refuse access pursuant to section 24A of the FOI Act.”

Mr Culleton wanted to bring to the people’s attention, that even though the 1999 republican referendum failed, and that the people chose to stay under the protection of the Crown – contained within our constitution – the government continued to defy the people with the continuation of the defaced Great Seal of the Commonwealth of Australia.

Furthermore, the government deceived the people two years later by claiming to celebrate the Centenary of Federation, having full knowledge that ties to the Commonwealth had been severed.