Where is Peter Dutton’s Oath of Allegiance?

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On 20 April 2020, an FOI request was submitted to the Department of Home Affairs under the Freedom of Information Act 1982 (FOI Act). The applicant sought access to documentation showing that Minister Peter Dutton made and subscribed to the Oath or Affirmation of Allegiance as required by Section 42 of the Australian Constitution.

The specific request was for:

  • A copy of the signed oath or affirmation by Peter Dutton, as per the Schedule in the Constitution.

  • If that document could not be found, any undertaking made by Mr Dutton before assuming his position in Parliament.

  • If neither of the above could be provided, an explanation as to why the oath or affirmation was not made in accordance with the Constitution.

2. Response and Department’s Actions

  • The Department of Home Affairs initially tried to respond informally, providing:

    • An overview of the swearing-in process for Members of Parliament.

    • A link to the Hansard record from 2 July 2019 confirming Mr Dutton and other members swore the oath or affirmation on that date.

    • A link to further info on the Parliament’s website about the procedure: Swearing-in process.

  • The applicant was not satisfied with the informal response and requested the matter proceed through formal FOI procedures.

3. Department’s Formal Decision

  • The Department refused the request under Section 24A of the FOI Act, which allows refusal when a document does not exist or cannot be found after a reasonable search.

  • The key points of their decision:

    • The requested document is not an “official document of a Minister” as defined under the FOI Act.

    • The Oath or Affirmation of Allegiance made under Section 42 of the Constitution is a parliamentary function, not related to the Department of Home Affairs' operations.

    • Such documents would fall under the Department of the House of Representatives, which is exempt from the FOI Act under section 68A of the Parliamentary Service Act 1999.

    • Thus, the Department has no access or authority over such records and cannot transfer the request to a relevant body that is subject to FOI.

4. Outcome

  • The Department concluded that the requested document:

    • Does not exist within the Department’s records.

    • Is not a document held by or related to the affairs of the Department of Home Affairs.

  • The request was formally refused on those grounds.

 

 

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