FOI 2020 073 IR signed decision 26 Jun 2020
Words from the Author.
In summary I was attempting to establish if the Department of Prime Minister and Cabinet, not recognised by the Cth Constitution, defined as Holder type: Other Unincorporated Entity against the ABN: 18 108 001 191 Aboriginal and Torres Strait Island Land Account, had its own Constitution that would authorise Cabinet Committee members to do certain things as contained in their Other Unincorporated Entity Constitution if that Constitution existed.
It is my understanding that all unincorporated entities like the Holder ‘’Department of Prime Minister and Cabinet’ ’that consists of a committee, must have a written Constitution for the Committee and Holder acting under the ASIC definition ”Other Unincorporated Entity”, which is defined as a set of rules that give the Committee and it members the authority to do a certain thing.
According to the ATO, ”an unincorporated entity” It is a group of people who agree to act together as an organisation and form an association. I am of the assumption that this is how the Department of PM and Cabinet operate or should operate being defined as a Other Unincorporated Entity.
The ATO goes on to explain such entities: ”The group can remain informal and its members make their own rules on how the group is managed. The rules may also be referred to as a constitution.” Please note, this is the type of constitution of which I was referring too in my FOI request of which I was seeking a copy from the Dept of PM and cabinets office where they have suggested in their response that it does not exist.