Does the Commonwealth and Crown have a Claim of Right over the lands of the Sovereign Tribes of Australia?

Oct 28, 2020

 

Dear FOI Officer,

I make this request on behalf of the Original Sovereign Tribal Federation, to which I am authorised to do. Please make the FOI response in the name of the Original Sovereign Tribal Federation.
(Please do not provide this email address within the reply). Please find the request below.
 
 
 
 
 
THE REQUEST.
 
 
 
Dear Honorable Ken Wyatt AM MP, Minister for Indigenous Australians.
 
 
I make request under the Freedom of Information Act,
 
 
I request the document providing the "Claim of Right" relied upon by the Minister for Indigenous Australians, the Crown and the COMMONWEALTH OF AUSTRALIA to provide administration, rule or ownership over the lands of the Larrakia people within the Northern Territorial area currently known to the Crown and Commonwealth as Darwin.
 
 
Regards,
 
Original Sovereign Tribal Federation.

 

OFFICIAL

Fri, Nov 20, 2020,

FOI/2020/255

 

Dear Original Sovereign Tribal Federation

 

We refer to your FOI request dated 28 October 2020, in which you made a request to the Department under the Freedom of Information Act 1982 (the FOI Act) in the following terms:

 

I make this request on behalf of the Original Sovereign Tribal Federation, to which I am authorised to do. Please make the FOI response in the name of the Original Sovereign Tribal Federation.

(Please do not provide this email address within the reply). Please find the request below.

 

THE REQUEST.

 

Dear Honorable Ken Wyatt AM MP, Minister for Indigenous Australians.

 

I make request under the Freedom of Information Act,

 

I request the document providing the "Claim of Right" relied upon by the Minister for Indigenous Australians, the Crown and the COMMONWEALTH OF AUSTRALIA to provide administration, rule or ownership over the lands of the Larrakia people within the Northern Territorial area currently known to the Crown and Commonwealth as Darwin.

 

Request to withdraw

 

We note that your request is addressed to the Hon Ken Wyatt AM, MP, Minister for Indigenous Australians. We understand that the National Indigenous Australians Agency (NIAA) provides administrative support to the Office of the Minister for Indigenous Australians in relation to FOI requests made to the Minister.

 

If your intention is to direct your FOI request to the Minister for Indigenous Australians:

  • you can send your FOI request directly to foi@niaa.gov.au. Further information on how to make FOI requests to the NIAA is available on their website: https://www.niaa.gov.au/foi.
  • we invite you to withdraw your FOI request to the Department of the Prime Minister and Cabinet as the subject-matter of your request appears to be  more closely connected to the functions of the Minister for Indigenous Australians or the NIAA. A reply to this email will be sufficient.

 

We would be grateful for your advice regarding whether you wish to withdraw your FOI request to the Department by Monday, 23 November 2020.

 

You can contact us anytime if you have any questions.

 

Yours sincerely

 

FOI Adviser

FOI and Privacy Section| Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

(02) 6271 5849 | foi@pmc.gov.au |  www.pmc.gov.au

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600


We then received this Official response.

FOI-2020-255 - PRCN

 


We replied 3 days later with the following on Nov 27, 2020 so as to provide the requested additional information. The Department has remained silent on this matter ever since. Could it be that the Commonwealth & Crown have No Claim of Right to the Lands of the Larakia People and their silence evidences that none exists? 

We compel the court of public opinion to be the arbiter in this matter.

 

 

Dear FOI Adviser,

 
Please find below additional information so as to assist you to answer FOI 2020-255 to which you sought further clarity.
 
 
It is established that in order to exercise authority over land One must have a genuine "Claim of Right". The request (FOI 2020-255) was sought to establish the "Claim of Right" the COMMONWEALTH OF AUSTRALIA and its agents rely upon to exercise such authority over the land of the sovereign tribal peoples of Australia.
For example the New Zealand government rely upon the Treaty of Waitangi to recognise Maori ownership of the lands and recognise this Right. The result of the treaty grants governance rights to the Crown and cedes "all rights and powers of sovereignty" to the Crown. If the New Zealand government rely upon the Treaty of Waitangi for the rights and powers of sovereignty what does the COMMONWEALTH OF AUSTRALIA look to and rely upon for its "Claim of Right" to cede "all rights and powers of sovereignty" of the Tribal peoples of Australia over the land within the COMMONWEALTH OF AUSTRALIA?
 
If there fails to be an established treaty with the Tribal Sovereign's of Australia that establishes the continued ownership of their lands and establishes and grants the exclusive right to the COMMONWEALTH OF AUSTRALIA is it not so a "Claim of Right" fails to exist?

 


 

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