Kant – Application for Special Leave to Appeal (07 February 2025)

Form 23 – Application for leave or special leave to appeal
Note: see rule 41.01.1.

IN THE HIGH COURT OF AUSTRALIA
MELBOURNE REGISTRY

BETWEEN:

JAN MAREK KANT
Applicant

and

AUSTRALIAN INFORMATION COMMISSIONER
Respondent

APPLICATION FOR SPECIAL LEAVE TO APPEAL

The applicant applies for special leave to appeal from all of the judgment of the Federal Court given on 23 January 2025.

Special considerations or circumstances
i. This application includes a challenge to the constitutional validity of laws that may otherwise prohibit appeal from the judgment of the Federal Court given on 23 January 2025, including to validity of 33(4B) Federal Court of Australia Act 1976.
ii. It is prohibitively inconvenient for the Applicant to attend hearings in Canberra. The Applicant seeks this application be determined without oral hearing.

Part I: Proposed grounds of appeal and orders sought

The proposed grounds of appeal are:

1. The primary judge erred in finding:
   a. the only question before the primary judge in Kant v Australian Information Commissioner [2024] FCA 599 on review was whether the applicant should be granted injunctive relief; and,
   b. section 24(1A) of the FCA Act confers on the court an unfettered and unqualified discretion to grant leave to appeal from an interlocutory judgement; and,
   c. none of the grounds of appeal proposed by the applicant has any merit and none is sufficiently arguable to cast the necessary level of doubt on the primary decision in Kant v Australian Information Commissioner [2024] FCA 599 so as to warrant reconsideration by the Full Court; and,
   d. the primary judge was not required to determine whether declaratory suppression orders should be made; and,
   e. nothing in the reasons of the primary judge in Kant v Australian Information Commissioner [2024] FCA 599 suggested misunderstanding of the nature of the sought injunction; and,
   f. the injunction application was not a request for information pursuant to APP 12; and,
   g. the Australian Information Commissioner and Office of the Australian Information Commissioner are not the same entity in proceedings; and,
   h. refusal to grant leave would not cause the applicant substantial injustice; and,
   i. the applicant did not have a right of appeal.
2. The primary judge erred in considering whether the applicant made an application for “declaratory suppression orders” before the registrar.
3. The primary judge erred in not considering:
   a. the ordinary meaning of the words of 124(1)(b) Regulatory Powers (Standard Provisions) Act 2014; and,
   b. the ordinary meaning of the words of 124(2)(b) Regulatory Powers (Standard Provisions) Act 2014; and,
   c. the ordinary meaning of the word “affirm”; and,
   d. the meaning of “restrict” in 37AF(1) Federal Court of Australia Act 1976; and,
   e. how the meaning of “reasonable accessible to” differs to that of “held by” for purposes of APP 12; and,
   f. the admitted facts as stated in the Respondent’s Chapter B: Key concepts document; and,
   g. the Respondent having acted unlawfully in the proceeding.
4. The primary judge erred in not considering, or not assigning sufficient weight to:
   a. the effect of 35A(6) Federal Court of Australia Act 1976; and,
   b. the necessary assumption that information about relevant proceedings will become subject of suppression orders or the like in absence of declaratory orders requiring its dissemination not be artificially limited; and,
   c. the implied constitutional requirement that law must have logical order and form; and,
   d. requirements imposed by the implied constitutional freedom of political communication in light of subject matter of VID829 of 2023; and,
   e. requirements imposed by 39B(1A) Judiciary Act 1903 and 5(2) Federal Court of Australia Act 1976 in light of Chia Gee v. Martin [1905] HCA 70, Dietrich v The Queen [1992] HCA 5 and s.3 Australian Human Rights Commission Act 1988; and,
   f. the law of Australian Coal and Shale Employees’ Federation v Commonwealth (1953) in light of concurrence of the parties that APP 12 can be invoked to undertake a “fishing expedition”; and,
   g. the importance of bringing “national security” in balance with other public interests, and need for judicial reasoning in that process; and,
   h. the “principle of open justice and free communication and disclosure of information”; and,
   i. the common law requirement that courts of Federal jurisdiction exercise discretions subject to the statute law; and,
   j. the constitutional requirement that laws made by the Parliament not be incompatible with treaties to which Australia is a party; and,
   k. the public interest in legislation not being constitutionally invalid; and,
   l. requirements imposed on the Court by 39B(1A)(b) Judiciary Act 1903; and,
   m. the human right described in s. 13 Charter of Human Rights and Responsibilities Act 2006 (Vic.); and,
   n. the human right described in 15(2) Charter of Human Rights and Responsibilities Act 2006 (Vic.); and,
   o. the human right described in 24(1) Charter of Human Rights and Responsibilities Act 2006 (Vic.).
5. The primary judge erred by dealing too briefly with the proposed grounds of appeal.
6. The proceeding was procedurally unfair to the Appellant.
7. The Constitution guarantees right of appeal to appellate courts of Federal jurisdiction.
8. The Federal Court must adjudicate on questions of whether provisions of Commonwealth legislation are invalid as being in conflict with treaties.
9. 28(1) Federal Court of Australia Act 1976 enables the Court to affirm a judgement appealed from otherwise than by repetition.
10. 37AF(1) Federal Court of Australia Act 1976 empowers the Federal Court to make suppression orders restricting the publication or other disclosure of information otherwise than by limiting its publication or other disclosure.
11. Requesting information from a counterparty, for use in a proceeding, before the proceeding is commenced is an extraneous first step in the proceeding.
12. In exercising the discretion to award costs in a civil proceeding, the Court or a Judge must take account of any failure to comply with a duty to conduct a proceeding before the Court according to the law.
13. It is in the public interest the Court determine the proposed appeal from orders of the primary judge in Kant v Australian Information Commissioner [2024] FCA 599.
14. Insofar as it is possible to do so consistently with their purpose, Charter of Human Rights and Responsibilities Act 2006 (Vic.) requires all statutory provisions be interpreted in a way that is compatible with human rights.
15. An implied constitutional requirement that law have logical order and form binds both the legislature and the judiciary.

The orders that will be sought if special leave is granted are:

16. An order requiring the Federal Court determine the proposed appeal from of orders of the primary judge in Kant v Australian Information Commissioner [2024] FCA 599; or,
17. Alternatively, an order:
    a. declaring no information about VID829/2023 or an appeal arising out of VID829/2023, nor document filed in VID829/2023 or an appeal arising out of VID829/2023, can become subject to a suppression or non-publication order (however described) that limits its dissemination otherwise than is necessary for protecting the safety of one or more natural persons who would otherwise be identifiable; and,
    b. requiring the Respondent produce to the Appellant all information about the Appellant as is reasonably accessible to the Office of the Australian Information Commissioner; and,
    c. requiring the costs of the interlocutory application originally filed in VID829/2023 on 23 December 2023 be reserved in that proceeding.
18. An order requiring the Respondent pay the costs of the proceeding in the court below.
19. An order requiring the Respondent pay the costs of the appeal proceeding.

Part II: Special leave questions

20. Are laws made by the Parliament constitutionally invalid if incompatible with the Magna Carta?
21. Can laws made by the Parliament be constitutionally invalid if incompatible with treaties?
22. Does the Colonial Laws Validity Act 1865 apply to the common law of Australia?
23. Does the Applicant have right of appeal?
24. Does proper administration of justice require the proposed appeal be determined?
25. Is it in the public interest the Court determine the proposed appeal?
26. Does the law require the Respondent pay costs of the proceeding in the court below?

Part III: Brief statement of the applicant’s argument

27. Like the “hearsay rule”, stare decisis must be qualified where the circumstances are such that its inflexible application would confound justice or common sense or produce the consequence that the law was unattuned to the circumstances of the society which it exists to serve
28. National Security Information (Criminal and Civil Proceedings) Act 2004 exists, in part, to restrict communication of kinds that may have adverse bearing on political relations. Such communication is protected by an implied constitutional freedom of political communication and National Security Information (Criminal and Civil Proceedings) Act 2004 must be ultra vires the Constitution.
29. The applicant must assume that while National Security Information (Criminal and Civil Proceedings) Act 2004 stands it will be used to limit dissemination of information about his court proceedings despite it being constitutionally invalid. Proper administration of justice requires making of declaratory orders with respect to information about the applicant’s proceedings, and the “principle of open justice and free communication and disclosure of information” requires the Court determine the proposed appeal. A need for bringing “national security” in balance with other public interests further requires the appeal be determined.
30. The rights of privacy in Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Privacy Act 1988 and Charter of Human Rights and Responsibilities Act 2006 are each the same human right. As it applies to Australia, the human right of privacy includes a right of access to personal information.
31. Regulatory Powers (Standard Provisions) Act 2014 must be interpreted in a way that is compatible with privacy rights. In the Federal Court, these can be enforced by injunction requiring a party to a proceeding before the court give another party access to information about himself in the proceeding.
32. Constitutional protection of the rights and freedoms recognized in International Covenant on Civil and Political Rights derives from the treaty read with Chapter III of the Constitution. Commonwealth laws incompatible with International Covenant on Civil and Political Rights must be ultra vires the Constitution.
33. By necessary intendment of Commonwealth of Australia Constitution Act 1900, the rights and liberties set forth in the Magna Carta are protected by the Constitution. Commonwealth laws incompatible with the Magna Carta must therefore be ultra vires the Constitution.
34. The judgement in respect of which special leave to appeal is sought denies justice the applicant contrarily to the Magna Carta and denies him the fair hearing required by Article 14 International Covenant on Civil and Political Rights. Incompatible with both the Magna Carta and International Covenant on Civil and Political Rights, 33(4B) Federal Court of Australia Act 1976 must be ultra vires the Constitution.
35. The requirement that law have logical order and form, referred to in Dietrich v The Queen (1992), is one imposed by the Constitution. The courts must give effect to common law that comes into existence when legislation would otherwise cause the law to have illogical order or form. Legislation restricting the Federal Court’s discretion to award costs also requires generally that courts of Federal Jurisdiction exercise discretions subject to the statute law.
36. Allowing for alteration as in section 128 of the Constitution and repeal of laws of the Federal Council of Australasia, construction of the Commonwealth of Australia Constitution Act must be otherwise consistent with construction of the Commonwealth of Australia Constitution Act 1900 of the United Kingdom as at the establishment of the Commonwealth. The law of Smith Kline & French Laboratories (Aust) Ltd v The Commonwealth (1991) modifies the Constitution otherwise than in accordance with the law existing before the commencement of the Statute of Westminster 1931 and must be void by effect of Colonial Laws Validity Act 1865.
37. Chapter III of the Constitution requires the Parliament provide for the appointment of as many judges as needed to determine all controversies in which the High Court and other courts created by the Parliament have jurisdiction. This in turn guarantees right of appeal.
38. The proposed appeal from orders of the primary judge in Kant v Australian Information Commissioner [2024] FCA 599 is a “test case in the public interest” in Legal Services Directions 2017. 37N(4) Federal Court of Australia Act 1976 also requires taking account of the Respondent having acted unlawfully in the proceeding in the court below.

Part IV: Costs

39. Costs should not be ordered against the Applicant because the matter is a test case in the public interest.

Part V: Authorities

40. Chia Gee v. Martin [1905] HCA 70; 3 CLR 649 at p.653
41. Ex parte Walsh and Johnson; In Re Yeats [1925] HCA 53; 37 CLR 36 at p.79
42. House v The King [1936] HCA 40; 55 CLR 499 at pp.504-505
43. Bank of NSW v The Commonwealth [1948] HCA 7; 76 CLR 1 at p.370
44. Walton v The Queen [1989] HCA 9 at [67]
45. Nationwide News Pty Ltd v Wills [1992] HCA 46 at [37-50]
46. Dietrich v The Queen [1992] HCA 57 at [12, 17, 47, 48, 132, 133]
47. R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 at [66-75]

Part VI: Relevant constitutional and statutory provisions appear in the annex.

Dated 07 February 2025

………………………………
Applicant

To: The Respondent
Australian Government Solicitor

TAKE NOTICE: Before taking any step in the proceedings you must, within 14 DAYS after service of this application, enter an appearance and serve a copy on the applicant.

The applicant is self-represented.

IN THE HIGH COURT OF AUSTRALIA
MELBOURNE REGISTRY

BETWEEN:

JAN MAREK KANT
Applicant

and

AUSTRALIAN INFORMATION COMMISSIONER
Respondent

APPLICATION FOR SPECIAL LEAVE TO APPEAL

ANNEX

Relevant constitutional and statutory provisions

THE CONSTITUTION
Paragraph (xxxix.) of section 51 of the Constitution
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:—
(xxxix.) Matters incidental to the execution of any power vested by this Constitution in the Parliament or in either House thereof, or in the Government of the Commonwealth, or in the Federal Judicature, or in any department or officer of the Commonwealth

Section 71 of the Constitution
The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.

Section 72 of the Constitution
The Justices of the High Court and of the other courts created by the Parliament—
(i.) Shall be appointed by the Governor-General in Council:
(ii.) Shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity:
(iii.) Shall receive such remuneration as the Parliament may fix;
but the remuneration shall not be diminished during their continuance in office.

The appointment of a Justice of the High Court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a Justice of the High Court if he has attained that age.

The appointment of a Justice of a court created by the Parliament shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such a court if he has attained the age that is for the time being the maximum age for Justices of that court.

Subject to this section, the maximum age for Justices of any court created by the Parliament is seventy years.

The Parliament may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by the Parliament and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or amendment.

A Justice of the High Court or of a court created by the Parliament may resign his office by writing under his hand delivered to the Governor-General.

Nothing in the provisions added to this section by the Constitution Alteration (Retirement of Judges) 1977 affects the continuance of a person in office as a Justice of a court under an appointment made before the commencement of those provisions.

A reference in this section to the appointment of a Justice of the High Court or of a court created by the Parliament shall be read as including a reference to the appointment of a person who holds office as a Justice of the High Court or of a court created by the Parliament to another office of Justice of the same court having a different status or designation.

Section 73 of the Constitution
The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences—
(i.) Of any Justice or Justices exercising the original jurisdiction of the High Court:
(ii.) Of any other federal court, or court exercising federal jurisdiction; or of the Supreme Court of any State, or of any other court of any State from which at the establishment of the Commonwealth an appeal lies to the Queen in Council:
(iii.) Of the Inter-State Commission, but as to questions of law only:
and judgment of the High Court in all such cases shall be final and conclusive.

But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council.

Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court.

Section 75 of the Constitution
In all matters—
(i.) Arising under any treaty:
(ii.) Affecting consuls or other representatives of other countries:
(iii.) In which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party:
(iv.) Between States, or between residents of different States, or between a State and a resident of another State:
(v.) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth:
the High Court shall have original jurisdiction.

Section 79 of the Constitution:
The federal jurisdiction of any court may be exercised by such number of judges as the Parliament prescribes.

Section 106 the Constitution
The Constitution of each State of the Commonwealth shall, subject to this Constitution, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be, until altered in accordance with the Constitution of the State.

Section 108 the Constitution
Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of the Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by the Parliament of the Commonwealth, the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.

Section 109 of the Constitution
When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

THE MAGNA CARTA
Clause 29 of Magna Carta 1297 (Imperial)
NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor deal with him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

COLONIAL LAWS VALIDITY ACT 1865
Section 1 of Colonial Laws Validity Act 1865 (Imperial)
The term “colony” shall in this Act include all of Her Majesty’s possessions abroad in which there shall exist a legislature, as herein-after defined, except the Channel Islands, the Isle of Man.

The terms “legislature” and “colonial legislature” shall severally signify the authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws for any colony:

The term “representative legislature” shall signify any colonial legislature which shall comprise a legislative body of which one half are elected by inhabitants of the colony:

The term “colonial law” shall include laws made for any colony either by such legislature as aforesaid or by Her Majesty in Council:

An Act of Parliament, or any provision thereof, shall, in construing this Act, be said to extend to any colony when it is made applicable to such colony by the express words or necessary intendment of any Act of Parliament:

The term “governor” shall mean the officer lawfully administering the government of any colony:

The term “letters patent” shall mean letters patent under the Great Seal of the United Kingdom of Great Britain and Ireland.

Section 2 of Colonial Laws Validity Act 1865 (Imperial)
Any colonial law which is or shall be in any respect repugnant to the provisions of any Act of Parliament extending to the colony to which such law may relate, or repugnant to any order or regulation made under authority of such Act of Parliament, or having in the colony the force and effect of such Act, shall be read subject to such Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be and remain absolutely void and inoperative.

Section 3 of Colonial Laws Validity Act 1865 (Imperial)
No colonial law shall be or be deemed to have been void or inoperative on the ground of repugnancy to the law of England, unless the same shall be repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.
COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT 1900
Section 5 of Commonwealth of Australia Constitution Act 1900 (Imperial)
This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, the Queen’s ships of war excepted, whose first port of clearance and whose port of destination are in the Commonwealth.

Section 71 of section 9 of Commonwealth of Australia Constitution Act 1900 (Imperial)
The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes.

STATUTE OF WESTMINSTER 1931
Subsection 7(1) of the Statute of Westminster 1931 (Imperial)
The Colonial Laws Validity Act 1865 shall not apply to any law made after the commencement of this Act by the Parliament of a Dominion.

Section 8 of the Statute of Westminster 1931 (Imperial)
Nothing in this Act shall be deemed to confer any power to repeal or alter the Constitution or the Constitution Act of the Commonwealth of Australia or the Constitution Act of the Dominion of New Zealand otherwise than in accordance with the law existing before the commencement of this Act.

AUSTRALIA ACT 1986
Subsection 2(1) of Australia Act 1986 (Imperial)
It is hereby declared and enacted that the legislative powers of the Parliament of each State include full power to make laws for the peace, order and good government of that State that have extra-territorial operation.

ACTS INTERPRETATION ACT 1901
Section 15AA of Acts Interpretation Act 1901
In interpreting a provision of an Act, the interpretation that would best achieve the purpose or object of the Act (whether or not that purpose or object is expressly stated in the Act) is to be preferred to each other interpretation.

Paragraph (a) of subsection 15AB(1) Acts Interpretation Act 1901
Subject to subsection (3), in the interpretation of a provision of an Act, if any material not forming part of the Act is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material:
(a) to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the Act and the purpose or object underlying the Act;

Clause (b)(i) of subsection 15AB(1) Acts Interpretation Act 1901
Subject to subsection (3), in the interpretation of a provision of an Act, if any material not forming part of the Act is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material:
(b) to determine the meaning of the provision when:
(i) the provision is ambiguous or obscure;

Paragraph (d) of 15AB(2) Acts Interpretation Act 1901
Without limiting the generality of subsection (1), the material that may be considered in accordance with that subsection in the interpretation of a provision of an Act includes:
(d) any treaty or other international agreement that is referred to in the Act;

Section 15AC of Acts Interpretation Act 1901
Where:
(a) an Act has expressed an idea in a particular form of words; and
(b) a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style;
the ideas shall not be taken to be different merely because different forms of words were used.
JUDICIARY ACT 1903
Section 27 of Judiciary Act 1903
An appeal shall not lie to the High Court from a decision of a Justice of the Court, or from a decision of the Supreme Court of a State exercising federal jurisdiction, with respect to costs which are in the discretion of the Court, except by leave of the Justice or Court.

Paragraph (a) of subsection 33(1) of Judiciary Act 1903
The High Court may make orders or direct the issue of writs:
(a) commanding the performance by any court invested with federal jurisdiction, of any duty relating to the exercise of its federal jurisdiction;

Clause (a)(i) of section 35A of Judiciary Act 1903
In considering whether to grant an application for special leave to appeal to the High Court under this Act or under any other Act, the High Court may have regard to any matters that it considers relevant but shall have regard to:
(a) whether the proceedings in which the judgment to which the application relates was pronounced involve a question of law:
(i) that is of public importance, whether because of its general application or otherwise;

Paragraph (b) of section 35A of Judiciary Act 1903
In considering whether to grant an application for special leave to appeal to the High Court under this Act or under any other Act, the High Court may have regard to any matters that it considers relevant but shall have regard to:
(b) whether the interests of the administration of justice, either generally or in the particular case, require consideration by the High Court of the judgment to which the application relates.

Section 35A of Judiciary Act 1903
The High Court in the exercise of its appellate jurisdiction may affirm reverse or modify the judgment appealed from, and may give such judgment as ought to have been given in the first instance, and if the cause is not pending in the High Court may in its discretion award execution from the High Court or remit the cause to the Court from which the appeal was brought for the execution of the judgment of the High Court; and in the latter case it shall be the duty of that Court to execute the judgment of the High Court in the same manner as if it were its own judgment.

Paragraph (b) of subsection 39B(1A) of Judiciary Act 1903
The original jurisdiction of the Federal Court of Australia also includes jurisdiction in any matter:
(b) arising under the Constitution, or involving its interpretation;

Subsection 79(1) of Judiciary Act 1903
The laws of each State or Territory, including the laws relating to procedure, evidence, and the competency of witnesses, shall, except as otherwise provided by the Constitution or the laws of the Commonwealth, be binding on all Courts exercising federal jurisdiction in that State or Territory in all cases to which they are applicable.

Section 80 of Judiciary Act 1903
So far as the laws of the Commonwealth are not applicable or so far as their provisions are insufficient to carry them into effect, or to provide adequate remedies or punishment, the common law in Australia as modified by the Constitution and by the statute law in force in the State or Territory in which the Court in which the jurisdiction is exercised is held shall, so far as it is applicable and not inconsistent with the Constitution and the laws of the Commonwealth, govern all Courts exercising federal jurisdiction in the exercise of their jurisdiction in civil and criminal matters.

FEDERAL COURT OF AUSTRALIA ACT 1976
Subsection 21(1) of Federal Court of Australia Act 1976
The Court may, in civil proceedings in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any consequential relief is or could be claimed.

Paragraph (a) of subsection 25(2) of Federal Court of Australia Act 1976
Applications:
(a) for leave or special leave to appeal to the Court;
must be heard and determined by a single Judge unless:

Paragraph (a) of subsection 33(4B) of Federal Court of Australia Act 1976
An appeal must not be brought to the High Court from a judgment of the Court (whether constituted by a Full Court or a single Judge) in the exercise of its appellate jurisdiction if the judgment is:
(a) a determination of an application of the kind mentioned in subsection 25(2);

Subsection 35A(5) of Federal Court of Australia Act 1976
A party to proceedings in which a Registrar has exercised any of the powers of the Court under subsection (1) may, within the time prescribed by the Rules of Court, or within any further time allowed in accordance with the Rules of Court, apply to the Court to review that exercise of power.

Subsection 35A(6) of Federal Court of Australia Act 1976
The Court may, on application under subsection (5) or of its own motion, review an exercise of power by a Registrar pursuant to this section and may make such order or orders as it thinks fit with respect to the matter with respect to which the power was exercised.

Subsection 37AE of Federal Court of Australia Act 1976
In deciding whether to make a suppression order or non-publication order, the Court must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.

“suppression order” in section 37AA of Federal Court of Australia Act 1976
In this Part:
suppression order means an order that prohibits or restricts the disclosure of information (by publication or otherwise).
Subsection 37AF(1) of Federal Court of Australia Act 1976
The Court may, by making a suppression order or non-publication order on grounds permitted by this Part, prohibit or restrict the publication or other disclosure of:
(a) information tending to reveal the identity of or otherwise concerning any party to or witness in a proceeding before the Court or any person who is related to or otherwise associated with any party to or witness in a proceeding before the Court; or
(b) information that relates to a proceeding before the Court and is:
(i) information that comprises evidence or information about evidence; or
(ii) information obtained by the process of discovery; or
(iii) information produced under a subpoena; or
(iv) information lodged with or filed in the Court.

Paragraph (a) of subsection 37AG(1) of Federal Court of Australia Act 1976
The Court may make a suppression order or non-publication order on one or more of the following grounds:
(a) the order is necessary to prevent prejudice to the proper administration of justice;

Paragraph (b) of subsection 37AG(1) of Federal Court of Australia Act 1976
The Court may make a suppression order or non-publication order on one or more of the following grounds:
(b) the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;

Paragraph (b) of subsection 37AH(1) of Federal Court of Australia Act 1976
The Court may make a suppression order or non-publication order on its own initiative or on the application of:
(b) any other person considered by the Court to have a sufficient interest in the making of the order.

Subsection 37AH(3) of Federal Court of Australia Act 1976
A suppression order or non-publication order may be made at any time during a proceeding or after a proceeding has concluded.

Subsection 37AI(1) of Federal Court of Australia Act 1976
If an application is made to the Court for a suppression order or non-publication order, the Court may, without determining the merits of the application, make the order as an interim order to have effect, subject to revocation by the Court, until the application is determined.

Subsection 3AI(2) of Federal Court of Australia Act 1976
If an order is made as an interim order, the Court must determine the application as a matter of urgency.

Paragraph (a) of subsection 37M(1) of Federal Court of Australia Act 1976
The overarching purpose of the civil practice and procedure provisions is to facilitate the just resolution of disputes:
(b) according to law;

Paragraph (a) of subsection 37M(2) of Federal Court of Australia Act 1976
Without limiting the generality of subsection (1), the overarching
purpose includes the following objectives:
(b) the just determination of all proceedings before the Court;

Subsection 37M(3) of Federal Court of Australia Act 1976
The civil practice and procedure provisions must be interpreted and applied, and any power conferred or duty imposed by them (including the power to make Rules of Court) must be exercised or carried out, in the way that best promotes the overarching purpose.

Subsection 37M(4) Federal Court of Australia Act 1976
The civil practice and procedure provisions are the following, so far as they apply in relation to civil proceedings:
(a) the Rules of Court made under this Act;
(b) any other provision made by or under this Act or any other Act with respect to the practice and procedure of the Court.

Subsection 37N(1) of Federal Court of Australia Act 1976
The parties to a civil proceeding before the Court must conduct the proceeding (including negotiations for settlement of the dispute to which the proceeding relates) in a way that is consistent with the overarching purpose.

Subsection 37N(2) of Federal Court of Australia Act 1976
A party’s lawyer must, in the conduct of a civil proceeding before the Court (including negotiations for settlement) on the party’s behalf:
(a) take account of the duty imposed on the party by subsection (1); and
(b) assist the party to comply with the duty.

Subsection 37N(4) of Federal Court of Australia Act 1976
In exercising the discretion to award costs in a civil proceeding, the Court or a Judge must take account of any failure to comply with the duty imposed by subsection (1) or (2).

Subsection 37P(1) of Federal Court of Australia Act 1976
This section applies in relation to a civil proceeding before the Court.

Paragraph (d) of subsection 37P(6) of Federal Court of Australia Act 1976
In particular, the Court or Judge may do any of the following:
(d) award costs against a party;

Paragraph (e) of subsection 37P(6) of Federal Court of Australia Act 1976
In particular, the Court or Judge may do any of the following:
(e) order that costs awarded against a party are to be assessed on an indemnity basis or otherwise.

Subsection 37P(7) Federal Court of Australia Act 1976
Subsections (5) and (6) do not affect any power that the Court or a Judge has apart from those subsections to deal with a party’s failure to comply with a direction.
AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION ACT 1979
“activities prejudicial to security” in section 4 of Australian Security Intelligence Organisation Act 1979
In this Act, unless the contrary intention appears:
activities prejudicial to security includes any activities concerning which Australia has responsibilities to a foreign country as referred to in paragraph (b) of the definition of security in this section.

“promotion of communal violence” in section 4 of Australian Security Intelligence Organisation Act 1979
In this Act, unless the contrary intention appears:
promotion of communal violence means activities that are directed to promoting violence between different groups of persons in the Australian community so as to endanger the peace, order or good government of the Commonwealth.

“security” in section 4 of Australian Security Intelligence Organisation Act 1979
In this Act, unless the contrary intention appears:
security means:
(a) the protection of, and of the people of, the Commonwealth and the several States and Territories from:
(i) espionage;
(ii) sabotage;
(iii) politically motivated violence;
(iv) promotion of communal violence;
(v) attacks on Australia’s defence system; or
(vi) acts of foreign interference;
(vii) whether directed from, or committed within, Australia or not; and
(aa) the protection of Australia’s territorial and border integrity from serious threats; and
(b) the carrying out of Australia’s responsibilities to any foreign country in relation to a matter mentioned in any of the subparagraphs of paragraph (a) or the matter mentioned in paragraph (aa).

“violence” in section 4 of Australian Security Intelligence Organisation Act 1979
In this Act, unless the contrary intention appears:
violence includes the kidnapping or detention of a person.
AUSTRALIAN HUMAN RIGHTS COMMISSION ACT 1986
“Australia” in subsection 3(1) of Australian Human Rights Commission Act 1986
In this Act, unless the contrary intention appears:
Australia includes the external Territories.

“human rights” in subsection 3(1) of Australian Human Rights Commission Act 1986
In this Act, unless the contrary intention appears:
human rights means the rights and freedoms recognised in the Covenant, declared by the Declarations or recognised or declared by any relevant international instrument.

Subsection 3(4) of Australian Human Rights Commission Act 1986
In the definition of human rights in subsection (1):
(a) the reference to the rights and freedoms recognised in the Covenant shall be read as a reference to the rights and freedoms recognised in the Covenant as it applies to Australia; and
(b) the reference to the rights and freedoms recognised or declared by any relevant international instrument shall:
(i) in the case of an instrument (not being a declaration referred to in subparagraph (ii)) that applies to Australia—be read as a reference to the rights and freedoms recognised or declared by the instrument as it applies to Australia; or
(ii) in the case of an instrument being a declaration made by an international organisation that was adopted by Australia—be read as a reference to the rights and freedoms recognised or declared by the declaration as it was adopted by Australia.

Subsection 3(5) of Australian Human Rights Commission Act 1986
A reference in this Act to the making of a declaration by an international organisation shall be read as a reference to the making or adopting of a declaration, proclamation or other statement by such an organisation in any way, whether by the passing of a resolution, the issuing of an instrument or otherwise.

Subsection 3(6) of Australian Human Rights Commission Act 1986
A reference in this Act to the adoption by Australia of an international instrument being a declaration made by an international organisation shall be read as a reference to the casting by Australia of a vote in favour of the making of the declaration by the organisation at the meeting of the organisation at which the declaration was made or to the giving of some other public notification by Australia expressing its support for the declaration.

Introductory words in Schedule 2 of Australian Human Rights Commission Act 1986
The States Parties to the present Covenant,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Recognizing that these rights derive from the inherent dignity of the human person,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

Agree upon the following articles:

Article 2, paragraph 1 in Schedule 2 of Australian Human Rights Commission Act 1986
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Article 2, paragraph 2 in Schedule 2 of Australian Human Rights Commission Act 1986
Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant.

Article 5, paragraph 2 in Schedule 2 of Australian Human Rights Commission Act 1986
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.

Article 14, paragraph 1 in Schedule 2 of Australian Human Rights Commission Act 1986
All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

Article 17, paragraph 1 in Schedule 2 of Australian Human Rights Commission Act 1986
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.

Article 17, paragraph 2 in Schedule 2 of Australian Human Rights Commission Act 1986
Everyone has the right to the protection of the law against such interference or attacks.

Article 19, paragraph 2 in Schedule 2 of Australian Human Rights Commission Act 1986
Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

Article 19, paragraph 3 in Schedule 2 of Australian Human Rights Commission Act 1986
The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject tocertain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 50 in Schedule 2 of Australian Human Rights Commission Act 1986
The provisions of the present Covenant shall extend to all parts of federated States without any limitations or exceptions.
PRIVACY ACT 1988
Introductory words in Privacy Act 1988
WHEREAS Australia is a party to the International Covenant on Civil and Political Rights, the English text of which is set out in Schedule 2 to the Australian Human Rights Commission Act 1986:

AND WHEREAS, by that Covenant, Australia has undertaken to adopt such legislative measures as may be necessary to give effect to the right of persons not to be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence:

AND WHEREAS Australia is a member of the Organisation for Economic Co-operation and Development:

AND WHEREAS the Council of that Organisation has recommended that member countries take into account in their domestic legislation the principles concerning the protection of privacy and individual liberties set forth in Guidelines annexed to the recommendation:

AND WHEREAS Australia has informed that Organisation that it will participate in the recommendation concerning those Guidelines:

BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Paragraph (a) of section 2A of Privacy Act 1988
The objects of this Act are:
(a) to promote the protection of the privacy of individuals;

Paragraph (c) of section 2A of Privacy Act 1988
The objects of this Act are:
(c) to provide the basis for nationally consistent regulation of privacy and the handling of personal information;

Paragraph (h) of section 2A of Privacy Act 1988
The objects of this Act are:
(h) to implement Australia’s international obligation in relation to privacy.

Paragraph (g) of “agency” in subsection 6(1) of Privacy Act 1988
In this Act, unless the contrary intention appears:
agency means:
(g) a federal court;

“APP entity” in subsection 6(1) of Privacy Act 1988
In this Act, unless the contrary intention appears:
APP entity means an agency or organisation.

Subsection 6A(1) of Privacy Act 1988
For the purposes of this Act, an act or practice breaches an Australian Privacy Principle if, and only if, it is contrary to, or inconsistent with, that principle.

Also, Subsection 6A(1) of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
For the purposes of this Act, conduct breaches a provision of Schedule 1 of the Act if, and only if, it is contrary to, or inconsistent with that provision.

Subsection 6C(1) of Privacy Act 1988
In this Act:
organisation means:
(a) an individual; or
(b) a body corporate; or
(c) a partnership; or
(d) any other unincorporated association; or
(e) a trust;
that is not a small business operator, a registered political party, an agency, a State or Territory authority or a prescribed instrumentality of a State or Territory.

Subsection 12B(1) of Privacy Act 1988
Without limiting its effect apart from this section, this Act has effect in relation to the following (the regulated entities) as provided by this section:
(a) an agency;
(b) an organisation;
(c) a small business operator;
(d) a body politic.

Paragraph 12B(2)(a) of Privacy Act 1988
This Act also has the effect it would have if its operation in relation to regulated entities were expressly confined to an operation to give effect to the following:
(a) the International Covenant on Civil and Political Rights done at New York on 16 December 1966 ([1980] ATS 23), and in particular Articles 17 and 24(1) of the Covenant;

Paragraph 13(1)(a) of Privacy Act 1988
An act or practice of an APP entity is an interference with the privacy of an individual if:
(a) the act or practice breaches an Australian Privacy Principle in relation to personal information about the individual;

Also, Subsection 13(1) of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
Conduct engaged in by a regulated entity is a violation of rights or freedoms recognised in the Covenant if it breaches a provision of Schedule 1 of the Act.

Section 15 of Privacy Act 1988
An APP entity must not do an act, or engage in a practice, that breaches an Australian Privacy Principle.

Also, Section 15 of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
A regulated must not engage in conduct that breaches a provision of Schedule 1 of the Act.

Subsection 66(1) of Privacy Act 1988
A person contravenes this subsection if:
(a) the person is required to give information, answer a question or produce a document or record under this Act; and
(b) the person refuses or fails to do so.
Civil penalty: 60 penalty units.

Also, subsection 66(1) of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
A regulated entity contravenes this subsection if:
(a) the regulated entity is required to do something necessary to give effect to a right or freedom recognised in the Covenant; and,
(b) the regulated entity refuses or fails to do so.
Civil penalty: 60 penalty units.

12.1 of Schedule 1 of Privacy Act 1988
If an APP entity holds personal information about an individual, the entity must, on request by the individual, give the individual access to the information.

Also, 12.1 of Schedule 1 of Privacy Act 1988, by effect of 12B(2)(a) of Privacy Act 1988
If it is reasonably capable of doing so, a regulated entity must, on request by an individual, do a thing necessary to give effect to a right or freedom recognised in the Covenant.

Subsection 80W(1) of Privacy Act 1988
The provisions of this Act are enforceable under Part 7 of the Regulatory Powers Act

Paragraph (b) of subsection 80W(2) of Privacy Act 1988
For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1):
(b) any other person.

Paragraph (a) of subsection 80W(3) of Privacy Act 1988
For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(a) the Federal Court;

PUBLIC SERVICE ACT 1999
“Agency Head” in section 7 of Public Service Act 1999
In this Act, unless the contrary intention appears:
Agency Head means:
(a) the Secretary of a Department; or
(b) the Head of an Executive Agency; or
(c) the Head of a Statutory Agency.

Subsection 13(1) of Public Service Act 1999
An APS employee must behave honestly and with integrity in connection with APS employment.
Subsection 14(1) of Public Service Act 1999
Agency Heads are bound by the Code of Conduct in the same way as APS employees.

“information” in section 7 of National Security Information (Criminal and Civil Proceedings) Act 2004
In this Act, unless the contrary intention appears:
information means information as defined in subsection 90.1(1) of the Criminal Code, whether or not in the public domain.

“likely to prejudice national security” in section 7 of National Security Information (Criminal and Civil Proceedings) Act 2004
In this Act, unless the contrary intention appears:
likely to prejudice national security has the meaning given by section 17.

NATIONAL SECURITY INFORMATION (CRIMINAL AND CIVIL PROCEEDINGS) ACT 2004
“national security information” in section 7 of National Security Information (Criminal and Civil Proceedings) Act 2004
In this Act, unless the contrary intention appears:
national security information means information:
(a) that relates to national security; or
(b) the disclosure of which may affect national security.

Section 8 of National Security Information (Criminal and Civil Proceedings) Act 2004
In this Act, national security means Australia’s defence, security, international relations or law enforcement interests.

Section 9 of National Security Information (Criminal and Civil Proceedings) Act 2004
In this Act, security has the same meaning as in the Australian Security Intelligence Organisation Act 1979.

Section 10 of National Security Information (Criminal and Civil Proceedings) Act 2004
In this Act, international relations means political, military and economic relations with foreign governments and international organisations.

Paragraph (d) of section 11 of National Security Information (Criminal and Civil Proceedings) Act 2004
In this Act, law enforcement interests includes interests in the following:
(d) ensuring that intelligence and law enforcement agencies are not discouraged from giving information to a nation’s government and government agencies.

Section 17 of National Security Information (Criminal and Civil Proceedings) Act 2004
Something is likely to prejudice national security if there is a real, and not merely a remote, possibility that it will prejudice national security.

Subsection 19(3) of National Security Information (Criminal and Civil Proceedings) Act 2004
The power of a court to control the conduct of a civil proceeding, in particular with respect to abuse of process, is not affected by this Act, except so far as this Act expressly or impliedly provides otherwise.

Subsection 19(3A) of National Security Information (Criminal and Civil Proceedings) Act 2004
In addition to the powers of a court under this Act in a civil proceeding, the court may make such orders as the court considers appropriate in relation to the disclosure, protection, storage, handling or destruction, in the proceeding, of national security information if:
(a) the court is satisfied that it is in the interest of national security to make such orders; and
(b) the orders are not inconsistent with this Act; and
(c) the orders are not inconsistent with regulations made under this Act.

AUSTRALIAN INFORMATION COMMISSIONER ACT 2010
Subsection 5(3) of Australian Information Commissioner Act 2010
For the purposes of the Public Service Act 1999:
(a) the information officers and staff of the Office of the Australian Information Commissioner together constitute a Statutory Agency; and
(b) the Information Commissioner is the Head of that Statutory Agency.

Subsection 5(4) of Australian Information Commissioner Act 2010
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(d) the Office of the Australian Information Commissioner is a listed entity; and
(e) the Information Commissioner is the accountable authority of the Office of the Australian Information Commissioner;
PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY ACT 2013
“finance law” in section 8 of Public Governance, Performance and Accountability Act 2013
In this Act:
finance law means:
(a) this Act; or
(b) the rules; or
(c) any instrument made under this Act; or
(d) an Appropriation Act.

Paragraph (c) of subsection 10(1) of Public Governance, Performance and Accountability Act
A Commonwealth entity is:
(f) a listed entity;

Paragraph (b) of section 11 of Public Governance, Performance and Accountability Act
There are 2 types of Commonwealth entities:
(b) a non‑corporate Commonwealth entity, which is a Commonwealth entity that is not a body corporate.

REGULATORY POWERS (STANDARD PROVISIONS) ACT 2014
Subsection 121(1) of Regulatory Powers (Standard Provisions) Act 2014
If a person has engaged, is engaging or is proposing to engage, in conduct in contravention of a provision enforceable under this Part, a relevant court may, on application by an authorised person, grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the court’s opinion, it is desirable to do so—requiring the person to do a thing.

Subsection 121(2) of Regulatory Powers (Standard Provisions) Act 2014
If:
(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do a thing; and
(b) the refusal or failure was, is or would be a contravention of a provision enforceable under this Part;
the court may, on application by an authorised person, grant an injunction requiring the person to do that thing.

Subsection 124(1) of Regulatory Powers (Standard Provisions) Act 2014
The power of a relevant court under this Part to grant an injunction restraining a person from engaging in conduct may be exercised:
(a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and
(b) whether or not the person has previously engaged in conduct of that kind; and
(c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

Subsection 124(2) of Regulatory Powers (Standard Provisions) Act 2014
The power of a relevant court under this Part to grant an injunction requiring a person to do a thing may be exercised:
(a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; and
(b) whether or not the person has previously refused or failed to do that thing; and
(c) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that thing.

THE CRIMINAL CODE
“information” in subsection 90.1(1) of the Criminal Code
In this Part:
information means information of any kind, whether true or false and whether in a material form or not, and includes:
(a) an opinion; and
(b) a report of a conversation.

Subsection 90.5(1) of the Criminal Code
Security classification means:
(a) a classification of secret or top secret that is applied in accordance with the policy framework developed by the Commonwealth for the purpose (or for purposes that include the purpose) of identifying information:
(i) for a classification of secret—that, if disclosed in an unauthorised manner, could be expected to cause serious damage to the national interest, organisations or individuals; or
(ii) for a classification of top secret—that, if disclosed in an unauthorised manner, could be expected to cause exceptionally grave damage to the national interest; or
(b) any equivalent classification or marking prescribed by the regulations.

Subsection 90.5(3) of the Criminal Code
Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of subsection (1) of this section may prescribe a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time, if the instrument or other writing is publicly available.

Section 90.6 of the Criminal Code
The meaning of an expression in this Part does not affect the meaning of that expression in the Australian Security Intelligence Organisation Act 1979, unless that Act expressly provides otherwise.

Section 130.3 of the Criminal Code
For the purposes of this Chapter, dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of ordinary people

LEGAL SERVICES DIRECTIONS 2017
Section 4.1 of Legal Services Directions 2017
A non-corporate Commonwealth entity is to comply with any instructions by the Attorney-General about the handling of claims or the conduct of litigation. In particular, the entity is to comply with an instruction to provide information about a particular claim or litigation, or to provide copies of, or access to, material relating to the claim or litigation.

Section 4.2 of Legal Services Directions 2017
Claims are to be handled and litigation is to be conducted by the entity in accordance with the Directions on The Commonwealth’s Obligation to Act as a Model Litigant, at Appendix B, noting that the entity is not to start legal proceedings unless it is satisfied that litigation is the most suitable method of dispute resolution.

“non-corporate Commonwealth entity” in section 15 of Legal Services Directions 2017
In these Directions, the following terms have the stated meanings:
non-corporate Commonwealth entity means a non-corporate Commonwealth entity within the meaning of paragraph 11(b) of the Public Governance, Performance and Accountability Act 2013 and includes an entity that was an FMA agency

Note 2 in Appendix B of Legal Services Directions 2017
In essence, being a model litigant requires that the Commonwealth and Commonwealth agencies, as parties to litigation, act with complete propriety, fairly and in accordance with the highest professional standards. The expectation that the Commonwealth and Commonwealth agencies will act as a model litigant has been recognised by the Courts. See, for example, Melbourne Steamship Limited v Moorhead (1912) 15 CLR 133 at 342; Kenny v State of South Australia (1987) 46 SASR 268 at 273; Yong Jun Qin v The Minister for Immigration and Ethnic Affairs (1997) 75 FCR 155.

Note 3 in Appendix B of Legal Services Directions 2017
The obligation to act as a model litigant may require more than merely acting honestly and in accordance with the law and court rules. It also goes beyond the requirement for lawyers to act in accordance with their ethical obligations.

Note 4 in Appendix B of Legal Services Directions 2017
The obligation does not prevent the Commonwealth and Commonwealth agencies from acting firmly and properly to protect their interests. It does not therefore preclude all legitimate steps being taken to pursue claims by the Commonwealth and Commonwealth agencies and testing or defending claims against them. It does not preclude pursuing litigation in order to clarify a significant point of law even if the other party wishes to settle the dispute. The commencement of an appeal may be justified in the public interest where it is necessary to avoid prejudice to the interests of the Commonwealth or a Commonwealth agency pending the receipt or proper consideration of legal advice, provided that a decision whether to continue the appeal is made as soon as practicable. In certain circumstances, it will be appropriate for the Commonwealth to pay costs (for example, for a test case in the public interest.)

CONSTITUTION ACT 1975 (VICTORIA)
Subsection 3(1) of Constitution Act 1975 (Victoria)
Subject to the Imperial Acts Application Act 1980 all laws and statutes in force within the realm of England on the 25th day of July, 1828 (not being inconsistent with any law now in force) shall be applied in the administration of justice in the courts of Victoria, so far as they can be applied within Victoria.

Section 16 of Constitution Act 1975 (Victoria)
The Parliament shall have power to make laws in and for Victoria in all cases whatsoever.

IMPERIAL ACTS APPLICATION ACT 1980 (VICTORIA)
Section 3 of Imperial Acts Application Act 1980 (Victoria)
The enactments mentioned in the Schedule to the extent set out in Part II shall continue to have in Victoria whether separately or in combination with any unrepealed enactment or statutory provision such force and effect, if any, as they had at the commencement of this Act. In construing any such enactment where the whole Statute Ordinance or other Provision is not set out in full regard may be had to any part thereof not so set out. In the case of enactments made or passed prior to the reign of Henry VII the translation from the original Latin or Norman-French in Part II shall be deemed to be correct. The titles to the Divisions of Part II shall be read as descriptive merely and not as affecting the construction of the enactment or enactments set out thereunder.

[1297] 25 Edward I (Magna Carta) c. XXIX in section 8 of Imperial Acts Application Act 1980 (Victoria)
No freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties or free customs, or be outlawed or exiled, or any other wise destroyed; nor will we pass upon him, nor condemn him, but by lawful judgement of his peers, or by the law of the land. We will sell to no man, we will not deny or defer to any man either justice or right.

INTERPRETATION OF LEGISLATION ACT 1984 (VICTORIA)
Paragraph 35(a) of Interpretation of Legislation Act 1984 (Victoria)
In the interpretation of a provision of an Act or subordinate instrument—
(a) a construction that would promote the purpose or object underlying the Act or subordinate instrument (whether or not that purpose or object is expressly stated in the Act or subordinate instrument) shall be preferred to a construction that would not promote that purpose or object;

CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 (VICTORIA)
Paragraph 1(2)(a) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
The main purpose of this Charter is to protect and promote human rights by—
(a) setting out the human rights that Parliament specifically seeks to protect and promote;

Paragraph 1(2)(b) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
The main purpose of this Charter is to protect and promote human rights by—
(b) ensuring that all statutory provisions, whenever enacted, are interpreted so far as is possible in a way that is compatible with human rights;

Paragraph 1(2)(c) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
The main purpose of this Charter is to protect and promote human rights by—
(c) imposing an obligation on all public authorities to act in a way that is compatible with human rights;

“court” in subsection 3(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
In this Charter—
court means the Supreme Court, the County Court, the Magistrates’ Court, the Children’s Court or the Coroners Court;

Also, “court” in subsection 3(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria), by necessary modification thereof
In this Charter—
court means the High Court, the Federal Court or the Federal Circuit and Family Court of Australia;

Subsection 3(2) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
In this Charter—
(a) a reference to a function includes a reference to a power, authority and duty; and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Subsection 4(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
For the purposes of this Charter a public authority is—
(a) a public official within the meaning of the Public Administration Act 2004; or,
(b) an entity established by a statutory provision that has functions of a public nature; or
(c) an entity whose functions are or include functions of a public nature, when it is exercising those functions on behalf of the State or a public authority (whether under contract or otherwise); or
(d) Victoria Police; or
(e) a Council within the meaning of the Local Government Act 2020 and Councillors and members of Council staff within the meaning of that Act; or
(f) a Minister; or
(g) members of a Parliamentary Committee when the Committee is acting in an administrative capacity; or
(h) an entity declared by the regulations to be a public authority for the purposes of this Charter—
but does not include—
(i) Parliament or a person exercising functions in connection with proceedings in Parliament; or
(j) a court or tribunal except when it is acting in an administrative capacity; or
(k) an entity declared by the regulations not to be a public authority for the purposes of this Charter.

Also, subsection 4(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria), by necessary modification thereof
For the purposes of this Charter a public authority is an agency within the meaning of Privacy Act 1988;

Section 5 of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
A right or freedom not included in this Charter that arises or is recognised under any other law (including international law, the common law, the Constitution of the Commonwealth and a law of the Commonwealth) must not be taken to be abrogated or limited only because the right or freedom is not included in this Charter or is only partly included.

Subsection 6(2) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
This Charter applies to—
(a) the Parliament, to the extent that the Parliament has functions under Divisions 1 and 2 of Part 3; and
(b) courts and tribunals, to the extent that they have functions under Part 2 and Division 3 of Part 3; and
(c) public authorities, to the extent that they have functions under Division 4 of Part 3.

Subsection 6(3) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
Subsection (2) does not take away from or limit—
(a) any other function conferred by this Charter on an entity specified in subsection (2); or
(b) any function conferred on any other entity by this Charter.

Subsection 6(4) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
This Charter binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Section 13 of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
A person has the right—
(a) not to have that person’s privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and
(b) not to have that person’s reputation unlawfully attacked.

Subsection 15(2) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and whether—
(a) orally; or
(b) in writing; or
(c) in print; or
(d) by way of art; or
(e) in another medium chosen by that person.

Subsection 24(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
A person charged with a criminal offence or a party to a civil proceeding has the right to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing.

Subsection 32(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
So far as it is possible to do so consistently with their purpose, all statutory provisions must be interpreted in a way that is compatible with human rights.

Subsection 32(2) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
International law and the judgments of domestic, foreign and international courts and tribunals relevant to a human right may be considered in interpreting a statutory provision.

Subsection 38(1) of Charter of Human Rights and Responsibilities Act 2006 (Victoria)
Subject to this section, it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.

OPEN COURTS ACT 2013 (VICTORIA)
Subsection 28(1) of Open Courts Act 2013 (Victoria)
In determining whether to make any order, including a closed court order, a court or tribunal must have regard to the primacy of the principle of open justice and the free communication and disclosure of information which require the hearing of a proceeding in open court.