Kant – Affidavit (06 September 2024) -

Kant – Affidavit (06 September 2024)

Form 59

Rule 29.02(1)
Affidavit

No. of 20

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

AUSTRALIAN HUMAN RIGHTS COMMISSIONER and another
Respondents

Affidavit of: Jan Marek Kant
Address: 3/33 Bewdley Street, Ormond VIC 3204
Occupation: litigant
Date: O6 Sep 2024

Contents
Document number | Details | Page

1 Affidavit of Jan Marek Kant in support of his application for relief under
section 39B Judiciary Act 1903. 1

2 Annexure “JMK-1”, being reproduction of a record created by the Applicant. 3

3 Annexure “JMK-2”, being reproduction of a document produced to the First Respondent 6

4 Annexure “JMK-3”, being reproduction of a letter received from the Australian Human Rights Commission. 124

I, Jan Marek Kant of 3/33 Bewdley Street, Ormond VIC, litigant affirm:

I am the Applicant.
On 21 May 2024, | made a “complaint” to the Australian Human Rights Commission via online form on their website. True reproduction of a record I created when making the complaint is annexed to this affidavit and labelled “JMK-1”. True reproduction of a document I submitted together with the complaint is annexed to this affidavit and labelled “JMK-2”.
On 02 September 2024, I received a letter by email from the Australian Human Rights Commission. True reproduction of the letter is annexed to this affidavit and labelled “JMK-3”.

Affirmed by the deponent
at Melbourne
in Victoria
on 05 SEP 2024

Page 2 of 130

Exhibit “JMK-1″

No. of 20

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

AUSTRALIAN HUMAN RIGHTS COMMISSIONER and another
Respondents

Affidavit of: Jan Marek Kant

Address: 3/33 Bewdley Street, Ormond VIC 3204
Occupation: litigant
Date: 06 Sep 2024

This is the exhibit “JMK-1″ now produced and shown to Jan Marek Kant at the time of affirming his affidavit.

Signature of witness

Page 3 of 130

21 May 2024
Australian Human Rights Commission
Make a complaint
https://humanrights.gov.au/complaints/make-complaint

Part 1 of 4 – Your Details (Your complaint)

First name: Jan
Last name: Kant
Address: 3/33 Bewdley Street
Suburb: Ormond
State/Territory [VIC]
Postcode: 3204
Email: jmjarosz01@gmail.com
Do you require assistance to participate in the complaint process? [No]
Are you making this complaint on behalf of someone else (the aggrieved person)? [No]
Do you have a legal representative or advocate? [No]

Part 2 of 4 – Who is the complaint about?

Who is the complaint about? [Organisation]
Organisation name: Australian Human Rights Commission
Address: GPO Box 5218
Suburb: Sydney
State/Territory [NSW]
Postcode: 2001
Email: infoservice@humanrights.gov.au
Phone (business hours): 1300 656 419
What is their relationship to you or the aggrieved person?: Governmental misfeasor
Do you want to add another respondent? [Yes]

For? [Organisation]
2nd Respondent’s Organisation name: Office of National Intelligence
2nd Respondent’s Address: Locked Bag 6310
2nd Respondent’s Suburb: Kingston
2nd Respondent’s State/Territory [ACT]
2nd Respondent’s Postcode: 2604
2nd Respondent’s Phone (business hours): (02) 6266 0900
What is their relationship to you or the aggrieved person?: Directorate of human rights violation
Do you want to add another respondent? [No]

Part 3 of 4 – What are you complaining about?

[x] I believe my human rights have been breached by a Commonwealth government agency

When did the alleged event(s) happen?
> presently

Page 4 of 130

What happened?
> The Racial Discrimination Act 1975 is not a law of the Commonwealth.
> The Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022 is not an enactment of the state of Victoria.
> The Summary Offences Amendment (Nazi Salute Prohibition) Act 2023 is not an enactment of the state of Victoria.
> The Australian Human Rights Commission does not investigate or conciliate complaints of racial hatred that takes place in public.
> The Australian Human Rights Commission gives false and misleading information about its duties/functions/powers.
> There is an Australian “Secret Police” formed of members of the “National Intelligence Community”.
> The Secret Police commits “crimes against humaninty” per Division 268 Criminal Code.
> The Secret Police is a “criminal organisation” per Division 390 Criminal Code.
> The Australian Human Rights Commission acts on the behalf of the Secret Police.
> The Australian Human Rights Commission acts in violation of relevant human rights.

Supporting Information
20240521 AHRC Bundle.pdf (2.13 MB)

Part 4 of 4 – Other information

How do you think the complaint could be resolved?
> Do all of the things necessary to give effect to relevant human rights.

Have you complained about this to another organisation? [No]
Were you referred to us by another organisation? [No]

Your complaint has been sent!
Thank you for submitting the form. An officer of the Investigation and Conciliation Section will contact you shortly in relation to it.

Page 5 of 130

Exhibit “JMK-2”

No. of 20

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

AUSTRALIAN HUMAN RIGHTS COMMISSIONER and another
Respondents

Affidavit of: Jan Marek Kant

Address: 3/33 Bewdley Street, Ormond VIC 3204
Occupation: litigant
Date: 06 Sep 2024

This is the exhibit “JMK-2” now produced and shown to Jan Marek Kant at the time of affirming his affidavit.

Signature of witness

Page 6 of 130

Jan Kant jmjarosz01@gmail.com
RE: Your contact with AHRC [SEC=OFFICIAL:Sensitive]
1 message

Info Service InfoService@humanrights.gov.au
Mon, May 20, 2024 at 12:13 PM
To: Jan Kant jmjarosz01@gmail.com

Dear Jan,

Thank you for your email.

I note that your complaint form of 24 April 2024 raises concerns about AHPRA breaching Article 12 of the ICESCR, attached.

As you were previously advised, the ICESCR is not an international instrument scheduled to, or declared under, the Australian Human Rights Commission Act 1986 (Cth).

Given the above, it does not appear as you have been advised that the Commission can accept a complaint against AHPRA under the ICESCR for the above reasons and because AHPRA is not considered to be the Commonwealth or an agent of the Commonwealth.

Please let me know if you have any further questions I can assist you with.

Kind regards,

Andrew
A/g Senior Investigator/Conciliator and Supervisor
National Information Service

Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T National Information Service 1300 656 419 (Monday to Friday between 10.00am and 4.00pm AEST)
E infoservice@humanrights.gov.au W www.humanrights.gov.au

Our experienced staff are currently dealing with a high number of enquiries and complaints. In dealing with your correspondence we will treat you with respect and courtesy, and expect you to do the same. Please note that our staff are authorised not to respond to emails that are abusive or disrespectful.

Page 7 of 130

We acknowledge the Traditional Custodians of Country throughout Australia, and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders – past, present and future.

From: Jan Kant jmjarosz01@gmail.com
Sent: Monday, May 20, 2024 11:53 AM
To: Info Service InfoService@humanrights.gov.au
Subject: Re: Your contact with AHRC [SEC=OFFICIAL:Sensive]

CAUTION: This email originated from outside of the organisation. Verify the sender before you click links or open attachments. Email purporting to be from staff may be an impersonation attempt.

Hi Andrew,

Thanks for informing me of the VEOHRC. I’m unclear on what it means for the Commission to have not accepted a complaint against AHPRA. Please confirm it is refusal to perform the 11(1)(g) AHRCA function of promoting understanding and/or acceptance of relevant human rights (if any) with respect to the matter of my 24 Apr 2024 webform submission. Many thanks.

Kind regards,
Jan Marek Kant

On Mon, May 20, 2024 at 10:49 AM Info Service InfoService@humanrights.gov.au wrote:

Dear Jan,

Thank you for your reply email.

As noted in our previous emails, this Commission is not able to consider a complaint against AHPRA under its human rights jurisdiction and therefore the Commission has not accepted a complaint against AHPRA.

As AHPRA appears to be a Victorian Statutory Authority, you may wish to contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC), which may be able to consider your concerns under its human rights jurisdiction.

For more information regarding VEOHRC, you may wish to contact them here. Their phone number is 1300 292 153.

Page 8 of 130

I am sorry but we are not able to assist you further with this matter.

Kind regards,

Andrew
A/g Senior Investigator/Conciliator and Supervisor
National Information Service

We acknowledge the Traditional Custodians of Country throughout Australia, and recognise their continuing connection to land, waters
and culture. We pay our respects to their Elders – past, present and future.

From: Jan Kant jmjarosz01@gmail.com
Sent: Friday, May 17, 2024 3:22 PM
To: Info Service InfoService@humanrights.gov.au
Subject: Re: Your contact with AHRC [SEC=OFFICIAL:Sensive]

CAUTION: This email originated from outside of the organisation. Verify the sender before you click links or open attachments. Email purporting to be from staff may be an impersonation attempt.

Hi Andrew,

Thanks for your email. My request to the Commission is for performance of the 11(1)(g) AHRCA function to promote an understanding and an acceptance (mostly an acceptance, I suspect) of a particular human right in Australia.

I trust this, with my earlier emails, resolves any unclarity you have about the matter. Please let me know if you have further needs of my input for the purposes of my complaint. Many thanks.

Page 9 of 130

Regards,
Jan Marek Kant

On Thu, May 16, 2024 at 3:10 PM Info Service InfoService@humanrights.gov.au wrote:

Dear Jan

Thank you for your email.

I am the supervisor of the National Information Service, and I have reviewed the correspondence you have had with Julie regarding your concerns.

Human rights breaches
Human rights claims have a particular meaning under the laws we administer, which I explain further below.

Section 11(1)(f) of the Australian Human Rights Commission Act 1986 (Cth) (AHRCA) says that the Commission can inquire into an alleged ‘act’ or ‘practice’ that may be inconsistent with, or contrary to, any human right.

The terms ‘act’ and ‘practice’ are defined in section 3 of the AHRCA as an act or practice by, or on behalf of, the Commonwealth. Therefore, this Commission can only consider complaints about alleged breaches of human rights where the alleged act or practice was done by, or on behalf of, the Commonwealth. The Commission has no power to inquire into alleged breaches of human rights by state/territory government bodies, or private organisations or individuals.

Furthermore, ‘human rights’ are specifically defined to include those rights and freedoms provided for in the international instruments scheduled to, or declared under, the Australian Human Rights Commission Act 1986 (Cth) such as the International Covenant on Civil and Political Rights.

It is not clear what exactly the concerns you are raising, with regards to the concerns you had initially raised about Australian Health Practitioner Regulation Agency (AHPRA). Please note, AHPRA is a separate entity from the Commonwealth government, as such, unfortunately, it does not appear your concerns may fall within this Commission’s jurisdiction.

As the Commission may not be the most appropriate body for your matter, for complaints you may have regarding AHPRA, you can find out further information about this here.

Legal referrals

If you have not done so, you can seek legal advice about your options. For free legal advice, you can contact:
· Legal Aid of Victoria
· Federation of Community Legal Centres Victoria

Kind regards,

Andrew
A/g Senior Investigator/Conciliator and Supervisor
National Information Service

Australian Human Rights Commission

Page 10 of 130

GPO Box 5218, Sydney NSW 2001
T National Information Service 1300 656 419 (Monday to Friday between 10.00am and 4.00pm AEST
E infoservice@humanrights.gov.au W www.humanrights.gov.au

From: Jan Kant jmjarosz01@gmail.com
Sent: Tuesday, May 14, 2024 6:50 PM
To: Info Service InfoService@humanrights.gov.au
Subject: Re: Your contact with AHRC [SEC=OFFICIAL:Sensive]

CAUTION: This email originated from outside of the organisation. Verify the sender before you click links or open attachments. Email purporting to be from staff may be an impersonation attempt.

Hi Julie,

Thank you for your reply. Please note that International Covenant on Economic, Social and Cultural Rights (ICESCR) rights are recognised in International Covenant on Civil and Political Rights (ICCPR) by extension of Article 5 ICCPR.

Article 5 ICCPR reads:

Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

From your web page on ICESCR:

Page 11 of 130

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966

ENTRY INTO FORCE: 3 January 1976, in accordance with article 27

From your web page on ICCPR:

Adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966

ENTRY INTO FORCE: 23 March 1976, in accordance with article 49

ICESCR rights are fundamental human rights in the meaning of Article 5 ICCPR; therefore, ICCPR provides for all of the ‘rights and freedoms’ in ICESCR.

I’m not sure what it means to have ‘raised concerns of the Commission’s jurisdiction’, but the information about RDA doesn’t clarify how an Act can exist despite its provisions being contrary to the constitution. Nothing in the 18D list treats political communication.

Kind Regards,
Jan Marek Kant

https://humanrights.gov.au/our-work/commission-general/international-covenant-economic-social-and-cultural-rights-human-rights

https://humanrights.gov.au/our-work/commission-general/international-covenant-civil-and-political-rights-human-rights-your

On Mon, May 13, 2024 at 4:08 PM Info Service InfoService@humanrights.gov.au wrote:

Dear Jan

Thank you for your email.

Unfortunately, from the information you have provided, it is still not clear this Commission may be able to handle the concerns you have raised.

Human rights breaches

Page 12 of 130

Please note, the Commission has the power to inquire into complaints alleging a breach of human rights when they involve an act or practice of the Commonwealth. The Commission has no power to inquire into alleged breaches of human rights by state/territory government bodies, or private organisations or individuals.

Furthermore, ‘human rights’ are specifically defined to include those rights and freedoms provided for in the international instruments scheduled to, or declared under, the Australian Human Rights Commission Act 1986 (Cth), such as the International Covenant on Civil and Political Rights.

It is not clear that you are alleging any specific acts or practices by the Commonwealth that could arguably constitute a breach of a human right contained in the international instruments attached to the AHRCA. It is important to note that the ICESCR does fall within this Commission’s jurisdiction regarding human rights breaches, as such it is not clear this Commission may be able to further assist with your matter.

Racial hatred

I understand you have also raised concerns of the Commission’s jurisdiction regarding complaints of racial hatred in public.

The racial hatred provisions in section 18C of the Racial Discrimination Act 1975 (RDA) provide that it is against the law to do an act in public which:

· is done because of the race, colour, or national or ethnic origin of that person or group of people; and
· is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate that person or group

There is an exemption to this, contained in section 18D. It says that an act will not be against the law if it is ‘done reasonably and in good faith’:

· in an artistic work or performance;
· in a statement, publication, discussion or debate made for genuine academic or scientific purposes;
· in making or publishing a fair and accurate report on a matter of public interest; or
· in making a fair comment if the comment is an expression of the person’s genuine belief.

As per the exemptions outlined in section 18D, it may appear applicable in relation to your query.

Legal referrals

Page 13 of 130

If you have not done so, you can seek legal advice about your options. For free legal advice, you can contact:
· Legal Aid of Victoria
· Federation of Community Legal Centres Victoria

Kind regards,
Julie

Complaints Information Officer
National Information Service

From: Jan Kant jmjarosz01@gmail.com
Sent: Wednesday, May 8, 2024 4:05 PM
To: Info Service InfoService@humanrights.gov.au
Subject: Re: Your contact with AHRC [SEC=OFFICIAL:Sensi ve]

CAUTION: This email originated from outside of the organisation. Verify the sender before you click links or open attachments. Email purporting to be from staff may be an impersonation attempt.

Hi Julie,

Thank you for your email. On review of the materials, I have decided not to change my position that my complaint is one for the Australian Human Rights Commission(er) (AHRC). My reasons follow.

Article 2.1 ICESCR reads:
“Each State Party to the present Covenant undertakes to take steps (…) to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized

Page 14 of 130

in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.”

Article 28 ICESCR reads:
“The provisions of the present Covenant shall extend to all parts of federal States without any limitations or exceptions.”

AHPRA failed to do things necessary to give effect to human rights as in Article 12 ICESCR; and,
Article 28 ICESCR requires the Commonwealth to make up for any shortcomings of state governments; therefore
The Commonwealth breached a duty to take necessary steps to realization of human rights recognized in ICESCR.

That AHPRA is not a Federal Government entity makes my complaint one of the Commonwealth having breached human rights by inaction.

The “reasons for the decision” given by AHPRA doesn’t suggest any solid grounds for a complaint of unfair treatment in administrative processes, nor is my information in itself sufficient cause for making a “public interest disclosure” per relevant AHPRA policy. The AHRC appears best equipped/powers-having to fix the underlying problem. That doing of things which need to be done to promote human rights is what the AHRC does makes the Commission an appropriate body for my complaint.

Please let me know if you have further needs of my input for the purposes of my complaint.

On a separate note:

I’m perplexed by the AHRC having power to act on complaints of “racial hatred that takes place in public” while there exists a constitutional freedom of political speech. Lay knowledge suggests this is a paradox and the statement on your website that reads “The Racial Hatred Act (…) was brought in to provide legal recourse to people in the community who might be offended by serious expressions of racism” must be a hoax or similar untruth. If you could point me towards the relevant thing-explaining materials, that would be awesome.

Many thanks.

Kind regards,
Jan Marek Kant

https://humanrights.gov.au/our-work/commission-general/international-covenant-economic-social-and-cultural-rights-human-rights

https://humanrights.gov.au/our-work/racial-hatred-act-what-racial-hatred-act

On Tue, May 7, 2024 at 2:32 PM Info Service InfoService@humanrights.gov.au wrote:

Page 15 of 130

Dear Jan

I refer to your recent contact with the Australian Human Rights Commission (the Commission).

What we do

For your information, the Australian Human Rights Commission has the power to investigate and conciliate complaints about:

· discrimination because of a person’s race, sex, gender identity, sexual orientation, intersex status, pregnancy, marital or relationship status, age or disability as well as sexual harassment in specific areas of public life, such as, employment, education and the provision of goods and services;
· racial hatred that takes place in public;
· discrimination in employment because of a person’s criminal record, trade union activity, religion, political opinion or social origin; or
· breaches of human rights by the Commonwealth of Australia.

Your concerns

I appreciate the concerns you have raised, and I am sorry to hear of your experiences.

Whilst the Commission can investigate claims of a breach of human rights, our ability to do so is limited to claims made against the Commonwealth of Australia (this is the Federal Government). We are unable to consider claims for a breach of human rights against State Government (or their entities), private organisations, or individuals. Please note, Ahpra is a separate entity from the Commonwealth government, as such, unfortunately, it does not appear your concerns may fall within this Commission’s jurisdiction.

As the Commission may not be the most appropriate body for your matter, for complaints you may have regarding AHPRA, you can find out further information about this here.

Legal referrals

If you have not done so, you can seek legal advice about your options. For free legal advice, you can contact:
· Legal Aid of Victoria
· Federation of Community Legal Centres Victoria

Kind regards,
Julie

Page 16 of 130

Complaints Information Officer
National Information Service

Australian Human Rights Commission

GPO Box 5218, Sydney NSW 2001
T National Information Service 1300 656 419 (Monday to Friday between 10.00am and 4.00pm AEST)
E infoservice@humanrights.gov.au W www.humanrights.gov.au

From: Australian Human Rights Commission noreply@humanrights.gov.au
Sent: Wednesday, April 24, 2024 7:30 PM
To: Complaints Mailbox complaints@humanrights.gov.au
Subject: AHRC Make a Complaint Form

Page 17 of 130

Complaint

Your Details (Your complaint)
Name: Jan Marek Kant

Address:
3/33 Bewdley Street
Ormond VIC 3204

Email: jmjarosz01@gmail.com
Phone (After hours):
Phone (Business hours):
Mobile:
Fax:
TTY:

Would you like a copy of your complaint emailed to you:
(A copy of the complaint form will be sent to )

Do you require assistance to participate in the complaint process?:
No

Do you have a legal representative or advocate?
No

Who is the complaint about

Organisation Details

Organisation name: Australian Health Practitioner Regulation Agency
ABN:

Address:

Email:
Phone (Business hours): 1300 419 495
Mobile:
Fax:

What is their relationship to you or the aggrieved person?:

Page 18 of 130

Do you want to add another respondent?
No

What are you complaining about
I believe my human rights have been breached by a Commonwealth government agency

When did the alleged event(s) happen?
18 October 2023

Reason(s) for delay

What happened?
The Australian Health Practitioner Regulation Agency failed to do the things that were necessary to give effect to human rights as in Article 12 of International Covenant on Economic, Social and Cultural Rights. (see: https://humanrights.gov.au/our-work/commission-general/international-covenant-economic-social-and-cultural-rights-human-rights)

Do you intend to email the Commission supporting information?
No

Upload Document File ID: 113527
ahpra.pdf

Other Information

How do you think the complaint could be resolved?
Fix the problem.

Have you complained about this to another organisation?
No

Page 19 of 130

WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.

Page 20 of 130

———- Forwarded message ———-
From: Australian Human Rights Commission noreply@humanrights.gov.au
To: Complaints Mailbox complaints@humanrights.gov.au
Cc:
Bcc:
Date: Wed, 24 Apr 2024 09:30:25 +0000
Subject: AHRC Make a Complaint Form

Complaint

Your Details (Your complaint)
Name: Jan Marek Kant

Address:
3/33 Bewdley Street
Ormond VIC 3204

Email: jmjarosz01@gmail.com
Phone (After hours):
Phone (Business hours):
Mobile:
Fax:
TTY:

Would you like a copy of your complaint emailed to you:
(A copy of the complaint form will be sent to )

Do you require assistance to participate in the complaint process?:
No

Do you have a legal representative or advocate?
No

Page 21 of 130

Who is the complaint about

Organisation Details

Organisation name: Australian Health Practitioner Regulation Agency
ABN:

Address:

Email:
Phone (Business hours): 1300 419 495
Mobile:
Fax:

What is their relationship to you or the aggrieved person?:

Do you want to add another respondent?
No

What are you complaining about
I believe my human rights have been breached by a Commonwealth government agency

When did the alleged event(s) happen?
18 October 2023

Reason(s) for delay

What happened?

The Australian Health Practitioner Regulation Agency failed to do the things that were necessary to give effect to human rights as in Article 12 of International Covenant on Economic, Social and Cultural Rights. (see: https://humanrights.gov.au/our-work/commission-general/international-covenant-economic-social-and-cultural-rights-human-rights)

Do you intend to email the Commission supporting information?
No

Upload Document File ID: 113527
ahpra.pdf

Other Information

Page 22 of 130

How do you think the complaint could be resolved?
Fix the problem.

Have you complained about this to another organisation?
No

2 attachments
ahpra.pdf
935K

AHRC Make a Complaint Form.eml
1292K

Page 23 of 130

[Schedule 2 Australian Human Rights Commission Act 1986 reproduced in pages 24 through 45 (highlights added)

[The ban on Nazi symbols and gestures in Victoria – Victoria Legal Aid reproduced in pages 46 and 47]

[Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022 reproduced in pages 48 through 57]

[Summary Offences Amendment (Nazi Salute Prohibition) Act 2023 reproduced in pages 58 through 68]

[Racial Discrimination Act 1975 reproduced in pages 69 through 127]

Exhibit “JMK-3”

No. of 20

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

AUSTRALIAN HUMAN RIGHTS COMMISSIONER and another
Respondents

Affidavit of: Jan Marek Kant

Address: 3/33 Bewdley Street, Ormond VIC 3204
Occupation: litigant
Date: 06 Sep 2024

This is the exhibit “JMK-3” now produced and shown to Jan Marek Kant at the time of affirming his affidavit.

Signature of witness
Page 127 of 130

Our ref: FOI-2024/0805131604

2 September 2024

Mr Jan Marek Kant
By email: jmjarosz01@gmail.com

Dear Mr Kant,

Request for documents under the Freedom of Information Act 1982 (Cth)

I refer to your email to the Australian Human Rights Commission (Commission) sent on 3 August 2024 requesting the following:

Please provide all records of information about a complaint I made to the Australian Human Rights Commission (AHRC). Please include all of the following:

The AHRC’s records of the complaint and documents I provided in making the complaint.
Any correspondence regarding the complaint or documents I provided on making the complaint, or regarding any response to the complaint (or any response to the documents being provided).
Any other records containing information about the complaint or documents I provided on making the complaint.
In this same email, you provided the following additional information, to assist the Commission in answering your request:

The following information appeared in my submission via the webform at https://humanrights.gov.au/complaints/make-complaint and should assist in identifying the relevant complaint.

From “Part 1 of 4 – Your Details (Your complaint)”:
First name: Jan
Last name: Kant
Email: jmjarosz01@gmail.com

From “Part 2 of 4 – Who is the complaint about?”
Organisation name: Australian Human Rights Commission
2nd Respondent’s Organisation name: Office of National Intelligence

I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to FOI requests.

Page 128 of 130

Australian Human Rights

Searches undertaken

The Commission conducted searches for documents falling within the scope of your request:

a. Your request was sent to the Supervisor of the National Information Service (NIS). NIS is the section of the Commission responsible for receiving and managing complaints. It sits within the Commission’s Investigation and Conciliation Services Team (ICS)

b. The NIS Supervisor searched NIS and ICS’s files, and could not locate any complaint forms lodged to the Commission by you against the Australian Human Rights Commission, or the Office of National Intelligence.

c. A search of the Commission’s Legal Section’s files database was undertaken, which also did not identify any records of a complaint form lodged by you against the Australian Human Rights Commission, or the Office of National Intelligence.

Decision

No documents were identified as falling within the scope of your request.
I have made the decision to refuse your request pursuant to section 24A(1)(b)(ii) of the FOI Act, as I am satisfied that the documents you have requested do not exist.

Further information

This section does not form part of my reasons for my decision, but is included to provide additional information that may be useful to you.
In your FOI request, you referred to a complaint form that you have informed us you lodged to the Commission. We could not identify any such complaint form having been received by the Commission.
a. If you think this is incorrect, or have any question regarding to this outcome, then please contact the Commission’s NIS by phone on 1300 656 419, or by email to infoservice@humanrights.gov.au.
b. Should your further enquiries with the Commission’s NIS team reveal a relevant complaint form, you are welcome to submit a new FOI that identifies the relevant complaint, or seek review of this

Page 129 of 130

Australian Human Rights Commission

decision if the relevant complaint identified falls within the scope of this request.

You are also welcome to lodge any complaint (including that which you refer to in your FOI request) through our online system. This will be treated as a new complaint.

Avenues of review

If you are dissatisfied with my decision or the searches we conducted to locate information and documents related to your request, you may apply for internal review or Information Commissioner review of the decision. We encourage you to seek internal review as a first step as it may provide a more rapid resolution of your concerns.

A. Internal review

Under s 54 of the FOI Act, you may apply for an internal review of my
decision by writing to the Commission within 30 days of the date of this letter
stating the reasons why you believe the review of the decision is necessary.
The internal review will be carried out by another officer within 30 days.

B. Information Commissioner Review

Under s 54L of the FOI Act, you may apply to the Australian Information Commissioner to review my decision. An application for review by the Information Commissioner must be made in writing within 60 days of the date of this letter, and be lodged in one of the following ways:
Online: Information Commissioner Review Application Form
Email: foidr@oaic.gov.au
Post: GPO Box 5288, Sydney NSW 2001
You may visit the Office of the Australian Commissioner website for more information about a review by the Information Commissioner.

Yours sincerely,

Anastasia Stomo
Senior Lawyer, Australian Human Rights Commission
T: +61 2 7904 2128
E: anastasia.stomo@humanrights.gov.au

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