VID416/2025 – Kant – Affidavit (11 September 2025) pp.839–873

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Form 17
Rule 8.05(1)(a)

Statement of claim

No.

Federal Court of Australia
District Registry: Victoria
Division: General

JAN MAREK KANT
Applicant

AUSTRALIAN HUMAN RIGHTS COMMISSIONER and others
Respondents

The Applicant

1. The Applicant is a natural person.
2. The Applicant resides in Victoria.
3. The Applicant brings this proceeding pursuant to 39B(1) Judiciary Act 1903 and 19(1) Federal Court of Australia Act 1976.
4. The Applicant is by 80W(1) Privacy Act 1988 authorised to apply for injunctions enforcing the provisions of Privacy Act 1988.

Semantics

5. A provision of Schedule 1 to Privacy Act 1988 is an Australian Privacy Principle (APP) or a subclause thereof.
6. All provisions of Schedule 1 to Privacy Act 1988 are, collectively, the Australian Privacy Principles (APPs).
7. The meaning of secondary purpose is that of APP 6.1
8. injury to feelings in meaning of Part IIIA and Part V of Privacy Act 1988 includes experience of displeasure.

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“sensitive information”

9. The meaning of sensitive information is that of 6(1) Privacy Act 1988.
10. sensitive information includes any personal information, in the possession, power or control of an agency, which is marked “sensitive” in accordance with the Protective Security Policy Framework.
11. sensitive information includes any personal information, in the possession, power or control of an agency, which would be “marked sensitive” if it were assessed in accordance with the Protective Security Policy Framework.
12. The meaning of detriment is that of 29(2) National Anti-Corruption Commission Act 2022.
13. detriment includes injury to feelings.
14. An offence “committed against the Applicant” is an offence against any law, committed in such a way or in such circumstances that it causes the Applicant detriment or otherwise results in an interference with his rights.
15. The meaning of crimes against humanity is the of the Criminal Code.

“human rights”

16. The meaning of human rights is that of Australian Human Rights Commission Act 1986.
17. human rights include the rights and freedoms protected by Charter of Human Rights and Responsibilities Act 2006.
18. human rights include rights recognised in the Charter of the United Nations that was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization (the UNC).
19. human rights include rights implicit to Article 56 of the UNC.
20. The UNC is set out in the Schedule to Charter of the United Nations Act 1945.
21. human rights include the rights and freedoms set forth in the Universal Declaration of Human Rights, adopted by the UN General Assembly in Paris on 10 December 1948 (the UDHR).
22. human rights include rights implicit to the UDHR.
23. human rights include the rights and freedoms recognised in the International Covenant on Civil and Political Rights, adopted 16 December 1966 by General Assembly resolution 2200A (XXI) (the ICCPR).
24. human rights include rights implicit to the ICCPR.

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25. The ICCPR is the Covenant referred to in 12B(2)(a) Privacy Act 1988.
26. The English text of the ICCPR is set out in Schedule 2 of Australian Human Rights Commission Act 1986.
27. The UNC is the same Charter of the United Nations referred to in the preamble to the ICCPR.
28. The UDHR is the same Universal Declaration of Human Rights referred to in the preamble to the ICCPR.
29. human rights include the rights and freedoms recognised in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted 10 December 1984 by General Assembly resolution 39/46 (the CAT).
30. human rights include rights implicit to the CAT.
31. The UNC is the same Charter of the United Nations referred to in the preamble to the CAT.
32. The UDHR is the same Universal Declaration of Human Rights referred to in the preamble to the CAT.
33. The ICCPR is the same International Covenant on Civil and Political Rights referred to in the preamble to the CAT.
34. human rights include the rights and freedoms recognised in the International Convention for the Protection of All Persons from Enforced Disappearance, adopted 20 December 2006 by General Assembly resolution 61/177 (the ICPAPED).
35. human rights include rights implicit to the ICPAPED.
36. The UNC is the same Charter of the United Nations referred to in the preamble to the ICPAPED.
37. The UDHR is the same Universal Declaration of Human Rights referred to in the preamble to the ICPAPED.
38. The ICCPR is the same International Covenant on Civil and Political Rights referred to in the preamble to the ICPAPED.

Australian Human Rights Commissioner

39. The Australian Human Rights Commissioner is party to this proceeding in his official capacity.

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40. The Australian Human Rights Commissioner is in this proceeding being sued on behalf of the Commonwealth as in the meaning of 75(iii) of the Constitution.
41. Distinction between the Australian Human Rights Commissioner (the First Respondent) and the Australian Human Rights Commission (the First Respondent) is in this proceeding arbitrary.
42. The First Respondent is and was at all material times a statutory body established by or under 7(1) Australian Human Rights Commission Act 1986.
43. The First Respondent is an agency in meaning of 6(1) Privacy Act 1988.
44. The First Respondent is an APP entity in meaning of 6(1) Privacy Act 1988.
45. The First Respondent is a regulated entity in meaning of 12B(1) Privacy Act 1988.

Obligations with respect to human rights

46. 38(1) Charter of Human Rights and Responsibilities Act 2006 requires the First Respondent not act in ways incompatible with human rights.
47. 12B(2)(a) Privacy Act 1988 requires the First Respondent not act in ways incompatible with human rights.
48. 38(1) Charter of Human Rights and Responsibilities Act 2006 requires the First Respondent not make decisions without giving proper consideration to relevant human rights.
49. 12B(2)(a) Privacy Act 1988 requires the First Respondent not make decisions without giving proper consideration to relevant human rights.

Duty to inquire into acts or practices

50. The First Respondent has a duty to inquire into acts or practices that may be inconsistent with or contrary to any human right imposed on him by 11(1)(f)(i) Australian Human Rights Commission Act 1986.
51. Alternatively: The First Respondent has a duty to inquire into acts or practices that may be inconsistent with or contrary to any human right imposed on him by Australian Human Rights Commission Act 1986 generally.
52. The duty of the First Respondent to inquire into acts or practices that may be inconsistent with or contrary to any human right is enforceable by proceedings in a court.

Duty to promote an understanding of human rights

53. The First Respondent has a duty to promote an understanding of human rights in Australia imposed on him by 11(1)(g) Australian Human Rights Commission Act 1986.

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54. Alternatively: The First Respondent has a duty to promote an understanding of human rights in Australia imposed on him by Australian Human Rights Commission Act 1986 generally.
55. The duty of the First Respondent to promote an understanding of human rights in Australia is enforceable by proceedings in a court.

Duty to promote acceptance of human rights

56. The First Respondent has a duty to promote acceptance of human rights in Australia imposed on him by 11(1)(g) Australian Human Rights Commission Act 1986.
57. Alternatively: The First Respondent has a duty to promote acceptance of human rights in Australia imposed on him by Australian Human Rights Commission Act 1986 generally.
58. The duty of the First Respondent to promote acceptance of human rights in Australia is enforceable by proceedings in a court.

Duty to undertake research programs

59. The First Respondent has a duty to undertake research programs for the purpose of promoting human rights imposed on him by 11(1)(h) Australian Human Rights Commission Act 1986.
60. Alternatively: The First Respondent has a duty to undertake research programs for the purpose of promoting human rights imposed on him by Australian Human Rights Commission Act 1986 generally.
61. The duty of the First Respondent to undertake research programs for the purpose of promoting human rights is enforceable by proceedings in a court.

Duty to undertake educational programs

62. The First Respondent has a duty to undertake educational programs for the purpose of promoting human rights imposed on him by 11(1)(h) Australian Human Rights Commission Act 1986.
63. Alternatively: The First Respondent has a duty to undertake educational programs for the purpose of promoting human rights imposed on him by Australian Human Rights Commission Act 1986 generally.
64. The duty of the First Respondent to undertake educational programs for the purpose of promoting human rights is enforceable by proceedings in a court.

Duty to undertake other programs

65. The First Respondent has a duty to undertake programs other than research programs or educational programs for the purpose of promoting human rights imposed on him by 11(1)(h) Australian Human Rights Commission Act 1986.

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66. Alternatively: The First Respondent has a duty to undertake programs other than research programs or educational programs for the purpose of promoting human rights imposed on him by Australian Human Rights Commission Act 1986 generally.
67. The duty of the First Respondent to undertake programs other than research programs or educational programs for the purpose of promoting human rights is enforceable by proceedings in a court.

Duty to coordinate research programs
Duty to coordinate research programs undertaken for the purpose of promoting human rights

68. The First Respondent has a duty to coordinate programs of research undertaken for the purpose of promoting human rights imposed on him by 11(1)(h) Australian Human Rights Commission Act 1986.
69. Alternatively: The First Respondent has a duty to coordinate programs of research undertaken for the purpose of promoting human rights imposed on him by Australian Human Rights Commission Act 1986 generally.
70. The duty of the First Respondent to coordinate programs of research undertaken for the purpose of promoting human rights is enforceable by proceedings in a court.

Duty to coordinate research programs generally

71. The First Respondent has a duty to, for the purpose of promoting human rights, coordinate programs of research generally imposed on him by 11(1)(h) Australian Human Rights Commission Act 1986.
72. Alternatively: The First Respondent has a duty to, for the purpose of promoting human rights, coordinate programs of research generally imposed on him by Australian Human Rights Commission Act 1986 generally.
73. The duty of the First Respondent to, for the purpose of promoting human rights, coordinate programs of research generally is enforceable by proceedings in a court.

Duty to coordinate other programs
Duty to coordinate programs undertaken for the purpose of promoting human rights

74. The First Respondent has a duty to coordinate programs other than research programs or educational programs undertaken for the purpose of promoting human rights imposed on him by 11(1)(h) Australian Human Rights Commission Act 1986.
75. Alternatively: The First Respondent has a duty to coordinate programs other than research programs or educational programs undertaken for the purpose of promoting human rights imposed on him by Australian Human Rights Commission Act 1986 generally.

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76. The duty of the First Respondent to coordinate programs other than research programs or educational programs undertaken for the purpose of promoting human rights is enforceable by proceedings in a court.

Duty to coordinate programs generally

77. The First Respondent has a duty to, for the purpose of promoting human rights, coordinate programs other than research programs or educational programs imposed on him by 11(1)(h) Australian Human Rights Commission Act 1986.
78. Alternatively: The First Respondent has a duty to, for the purpose of promoting human rights, coordinate programs other than research programs or educational programs imposed on him by Australian Human Rights Commission Act 1986 generally.
79. The duty of the First Respondent to, for the purpose of promoting human rights, coordinate programs other than research programs or educational programs is enforceable by proceedings in a court.

Powers

80. s.13 Australian Human Rights Commission Act 1986 empowers the First Respondent to do all things that are necessary or convenient to be done for or in connection with proper discharge of his duties.
81. The First Respondent has, for the purpose of performing his functions, powers limited only by the limits of the legislative power of the Parliament.
82. The First Respondent can, for the purpose of performing his functions, acquire all resources that can be acquired, or the acquisition of which may be authorised, by exercise of a legislative power of the Parliament.

Commonwealth Director of Public Prosecutions

83. The Commonwealth Director of Public Prosecutions is party to this proceeding in his official capacity.
84. The Commonwealth Director of Public Prosecutions is in this proceeding being sued on behalf of the Commonwealth as in the meaning of 75(iii) of the Constitution.
85. Distinction between the Commonwealth Director of Public Prosecutions (the Second Respondent) and the office of the Commonwealth Director of Public Prosecutions is in this proceeding arbitrary.
86. The Second Respondent is and was at all material times a statutory body established by or under 5(1) Director of Public Prosecutions Act 1983.
87. The Second Respondent is a regulated entity in meaning of 12B(1) Privacy Act 1988.

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Obligations with respect to human rights

88. 38(1) Charter of Human Rights and Responsibilities Act 2006 requires the Second Respondent not act in ways incompatible with human rights.
89. 12B(2)(a) Privacy Act 1988 requires the Second Respondent not act in ways incompatible with human rights.
90. 38(1) Charter of Human Rights and Responsibilities Act 2006 requires the Second Respondent not make decisions without giving proper consideration to relevant human rights.
91. 12B(2)(a) Privacy Act 1988 requires the Second Respondent not make decisions without giving proper consideration to relevant human rights.

Duty to prosecute
Duty to institute prosecutions

92. The Second Respondent has a duty to institute prosecutions imposed on him by 6(1)(a) Director of Public Prosecutions Act 1983.
93. Alternatively: The Second Respondent has a duty to institute prosecutions imposed on him by Director of Public Prosecutions Act 1983 generally.
94. Alternatively: The Second Respondent has a duty to institute prosecutions imposed on him by the common law.
95. The duty of the Second Respondent to institute prosecutions is enforceable by proceedings in a court.

Duty to carry on prosecutions

96. The Second Respondent has a duty to carry on prosecutions imposed on him by 6(1)(b) Director of Public Prosecutions Act 1983.
97. Alternatively: The Second Respondent has a duty to carry on prosecutions imposed on him by Director of Public Prosecutions Act 1983 generally.
98. Alternatively: The Second Respondent has a duty to carry on prosecutions imposed on him by the common law.
99. The duty of the Second Respondent to carry on prosecutions is enforceable by proceedings in a court.

Duty to institute proceedings for the commitment of persons for trial

100. The Second Respondent has a duty to institute proceedings for the commitment of persons for trial imposed on him by 6(1)(c) Director of Public Prosecutions Act 1983.

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101. Alternatively: The Second Respondent has a duty to institute proceedings for the commitment of persons for trial imposed on him by Director of Public Prosecutions Act 1983 generally.
102. Alternatively: The Second Respondent has a duty to institute proceedings for the commitment of persons for trial imposed on him by the common law.
103. The duty of the Second Respondent to institute proceedings for the commitment of persons for trial is enforceable by proceedings in a court.

Duty to prosecute by indictment

104. The Second Respondent has a duty to prosecute by indictment indictable offences against the laws of the Commonwealth imposed on him by 9(1) Director of Public Prosecutions Act 1983.
105. Alternatively: The Second Respondent has a duty to prosecute by indictment indictable offences against the laws of the Commonwealth imposed on him by Director of Public
     Prosecutions Act 1983 generally.
106. Alternatively: The Second Respondent has a duty to prosecute by indictment indictable offences against the laws of the Commonwealth imposed on him by the common law.
107. The duty of the Second Respondent to prosecute by indictment indictable offences against the laws of the Commonwealth is enforceable by proceedings in a court.

Duty to direct investigation
Duty to direct investigation by Australian Federal Police

108. The Second Respondent has a duty to direct the Third Respondent do all things that are necessary to bringing about the prosecution of offences against the laws of the Commonwealth imposed on him by 11(1)(a) by Director of Public Prosecutions Act 1983.
109. Alternatively: The Second Respondent has a duty to direct the Third Respondent do all things that are necessary to bringing about the prosecution of offences against the laws of the Commonwealth imposed on him by Director of Public Prosecutions Act 1983 generally.
110. Alternatively: The Second Respondent has a duty to direct the Third Respondent do all things that are necessary to bringing about the prosecution of offences against the laws of the Commonwealth imposed on him by the common law.
111. The duty of the Second Respondent to direct the Third Respondent do all things that are necessary to bringing about the prosecution of offences against the laws of the Commonwealth is enforceable by proceedings in a court.

Commissioner, Australian Federal Police

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112. The Commissioner of Australian Federal Police is party to this proceeding in his official capacity.
113. The Commissioner of Australian Federal Police is in this proceeding being sued on behalf of the Commonwealth as in the meaning of 75(iii) of the Constitution.
114. Distinction between the Australian Federal Police (the Third Respondent) and Commissioner of Australian Federal Police (the Third Respondent) is in this proceeding arbitrary.
115. The Third Respondent is and was at all material times a statutory body established by or under 6(1) Australian Federal Police Act 1979.
116. The Third Respondent is a regulated entity in meaning of 12B(1) Privacy Act 1988.

Obligations with respect to human rights

117. 38(1) Charter of Human Rights and Responsibilities Act 2006 requires the Third Respondent not act in ways incompatible with human rights.
118. 12B(2)(a) Privacy Act 1988 requires the Third Respondent not act in ways incompatible with human rights.
119. 38(1) Charter of Human Rights and Responsibilities Act 2006 requires the Third Respondent not make decisions without giving proper consideration to relevant human rights.
120. 12B(2)(a) Privacy Act 1988 requires the Third Respondent not make decisions without giving proper consideration to relevant human rights.

Duty to investigate

121. The Third Respondent has a duty to investigate alleged offence against Subdivision C of Division 268 of the Criminal Code imposed on him by 6(1) Australian Federal Police Act 1979.
122. Alternatively: The Third Respondent has a duty to investigate alleged offence against Subdivision C of Division 268 of the Criminal Code imposed on him by Australian Federal Police Act 1979 generally.
123. Alternatively: The Third Respondent has a duty to investigate alleged offence against Subdivision C of Division 268 of the Criminal Code imposed on him by the Criminal Code generally.
124. Alternatively: The Third Respondent has a duty to investigate alleged offence against Subdivision C of Division 268 of the Criminal Code imposed on him by the common law.
125. The duty of the Third Respondent to investigate alleged offences against Subdivision C of Division 268 of the Criminal Code is enforceable by proceedings in a court.

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Australian Information Commissioner

126. The Australian Information Commissioner is party to this proceeding in his official capacity.
127. The Australian Information Commissioner is in this proceeding being sued on behalf of the Commonwealth as in the meaning of 75(iii) of the Constitution.
128. Distinction between the Australian Information Commissioner (the Fourth Respondent) and the Office of the Australian Information Commissioner (the Fourth Respondent) is in this proceeding arbitrary.
129. The Fourth Respondent is and was at all material times a statutory body established by or under 5(1) Australian Information Commissioner Act 2010.
130. The Fourth Respondent is a regulated entity in meaning of 12B(1) Privacy Act 1988.

Duty to perform privacy functions

131. The Fourth Respondent has a duty of performing privacy functions imposed on him by 10(1)(c) Australian Information Commissioner Act 2010.
132. Alternatively: The Fourth Respondent has a duty of performing privacy functions imposed on him by Australian Information Commissioner Act 2010 generally.
133. The duty of the Fourth Respondent to perform privacy functions is enforceable by proceedings in a court.

Duty to promote acceptance of APPs

134. The Fourth Respondent has a duty of promoting an acceptance of the APPs imposed on him by 28(1)(c)(i) Privacy Act 1988.
135. Alternatively: The Fourth Respondent has a duty of promoting an acceptance of the APPs imposed on him by Privacy Act 1988 generally.
136. The duty of the Fourth Respondent to promote an acceptance of the APPs is enforceable by proceedings in a court.
137. The Fourth Respondent has a duty of promoting an acceptance of obligations associated with human rights imposed on him by 12B(2)(a) Privacy Act 1988.
138. Alternatively: The Fourth Respondent has a duty of promoting an acceptance of obligations associated with human rights imposed on him by Privacy Act 1988 generally.
139. The duty of the Fourth Respondent to promote an acceptance of obligations associated with human rights is enforceable by proceedings in a court.

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Duty to undertake educational programs

140. The Fourth Respondent has a duty of undertaking educational programs for the purposes of promoting the protection of individual privacy imposed on him by 28(1)(d) Privacy Act 1988.
141. Alternatively: The Fourth Respondent has a duty of undertaking educational programs for the purposes of promoting the protection of individual privacy imposed on him by Privacy Act 1988 generally.
142. The duty of the Fourth Respondent to undertake educational programs for the purposes of promoting the protection of individual privacy is enforceable by proceedings in a court.
143. The Fourth Respondent has a duty of undertaking educational programs for the purposes of promoting the protection of human rights imposed on him by 12B(2)(a) Privacy Act 1988.
144. Alternatively: The Fourth Respondent has a duty of undertaking educational programs for the purposes of promoting the protection of human rights imposed on him by Privacy Act 1988 generally.
145. The duty of the Fourth Respondent to undertake educational programs for the purposes of promoting the protection of human rights is enforceable by proceedings in a court.

Duty to ensure information not used for unauthorised purposes

146. The Fourth Respondent has a duty of ensuring entities don’t use information for unauthorised purposes imposed on him by 28A(1)(b)(i) Privacy Act 1988.
147. Alternatively: The Fourth Respondent has a duty of ensuring entities don’t use information for unauthorised purposes imposed on him by Privacy Act 1988 generally.
148. The duty of the Fourth Respondent to ensure entities don’t use information for unauthorised purposes is enforceable by proceedings in a court.
149. The Fourth Respondent has a duty of ensuring entities don’t engage in conduct contrary to human rights imposed on him by 12B(2)(a) Privacy Act 1988.
150. Alternatively: The Fourth Respondent has a duty of ensuring entities don’t engage in conduct contrary to human rights imposed on him by Privacy Act 1988 generally.
151. The duty of the Fourth Respondent to ensure entities don’t engage in conduct contrary to human rights is enforceable by proceedings in a court.

Duty to advise entities
Duty to advise about operation of the Privacy Act

152. The Fourth Respondent has a duty of advising entities about matters relevant to the operation of Privacy Act 1988 imposed on him by 28B(1)(a) Privacy Act 1988.

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153. Alternatively: The Fourth Respondent has a duty of advising entities about matters relevant to the operation of Privacy Act 1988 imposed on him by Privacy Act 1988 generally.
154. The duty of the Fourth Respondent to advise entities about matters relevant to the operation of Privacy Act 1988 is enforceable by proceedings in a court.

Duty to advise about matters relating to human-rights obligations

155. The Fourth Respondent has a duty, imposed on him by 12B(2)(a) Privacy Act 1988, of advising entities about matters relating to obligations with respect to human rights.
156. Alternatively: The Fourth Respondent has a duty, imposed on him by Privacy Act 1988 generally, of advising entities about matters relating to obligations with respect to human rights.
157. The duty of the Fourth Respondent to advise entities about matters relating to obligations with respect to human rights is enforceable by proceedings in a court.

Director-General of National Intelligence

158. The Director-General of National Intelligence is party to this proceeding in his official capacity.
159. The Director-General of National Intelligence is in this proceeding being sued on behalf of the Commonwealth as in the meaning of 75(iii) of the Constitution.
160. Distinction between Director-General of National Intelligence (the Fifth Respondent) and the Office of National Intelligence (the Fifth Respondent) is in this proceeding arbitrary.
161. The Fifth Respondent is and was at all material times a statutory body in existence by force of 6(1) Office of National Intelligence Act 2018.
162. The Fifth Respondent is a regulated entity in meaning of 12B(1) Privacy Act 1988.

Leadership of National Intelligence Community

163. The Fifth Respondent leads the National Intelligence Community pursuant to 7(1)(a) Office of National Intelligence Act 2018.

Development of matters relating to the National Intelligence Community

164. The Fifth Respondent directs the National Intelligence Community to develop matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.
165. Alternatively: The Fifth Respondent directs the National Intelligence Community to ensure development of matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.

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166. Alternatively: The Fifth Respondent acts to guide direction of the National Intelligence Community to ensure development of matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.

Coordination of matters relating to the National Intelligence Community

167. The Fifth Respondent directs the National Intelligence Community to coordinate matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.
168. Alternatively: The Fifth Respondent directs the National Intelligence Community to ensure coordination of matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.
169. Alternatively: The Fifth Respondent acts to guide direction of the National Intelligence Community to ensure coordination of matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.
170. The Fifth Respondent coordinates matters relating to the National Intelligence Community pursuant to 8(2)(c) Office of National Intelligence Act 2018.
171. The Fifth Respondent coordinates the management of data by the National Intelligence Community pursuant to 8(2)(c) Office of National Intelligence Act 2018.
172. The Fifth Respondent coordinates the communication systems of the National Intelligence Community pursuant to 8(2)(c) Office of National Intelligence Act 2018.

Integration of matters relating to the National Intelligence Community

173. The Fifth Respondent directs the National Intelligence Community to integrate matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.
174. Alternatively: The Fifth Respondent directs the National Intelligence Community to ensure integration of matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.
175. Alternatively: The Fifth Respondent acts to guide direction of the National Intelligence Community to ensure integration of matters relating to the National Intelligence Community pursuant to 8(1)(a) Office of National Intelligence Act 2018.

Obligations with respect to human rights

176. 38(1) Charter of Human Rights and Responsibilities Act 2006 requires the Fifth Respondent not act in ways incompatible with human rights.
177. 12B(2)(a) Privacy Act 1988 requires the Fifth Respondent not act in ways incompatible with human rights.

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178. 38(1) Charter of Human Rights and Responsibilities Act 2006 requires the Fifth Respondent not make decisions without giving proper consideration to relevant human rights.
179. 12B(2)(a) Privacy Act 1988 requires the Fifth Respondent not make decisions without giving proper consideration to relevant human rights.
180. 8(3)(b)(i) Inspector-General of Intelligence and Security Act 1986 requires the Fifth Respondent not engage in conduct inconsistent with or contrary to any human right.
     Particulars
     The Inspector-General being required by law to inquire into matters relating to conduct of the Fifth Respondent that may be incompatible with human rights implies such conduct is unlawful.

The National Intelligence Community and Australian Secret Police
The National Intelligence Community

181. The National Intelligence Community includes:
     a. the Australian Criminal Intelligence Commission; and,
     b. the Australian Federal Police; and,
     c. the Australian Geospatial-Intelligence Organisation; and,
     d. the Australian Secret Intelligence Service; and,
     e. the Australian Security Intelligence Organisation; and,
     f. the Australian Signals Directorate; and,
     g. the Australian Transaction Reports and Analysis Centre; and,
     h. the Defence Intelligence Organisation; and,
     i. the Department of Home Affairs; and,
     j. the Office of National Intelligence; and,
     k. the Defence Department; and,
     l. no other entity.
182. Any place occupied by agents of the National Intelligence Community is a Garrison in meaning of s.11 Habeas Corpus Act 1679.

The Australian Secret Police

183. There exists an organisation that, with regard to its activities, can be reasonably/accurately described as an Australian Secret Police.

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184. There is a person who, with regard to his duties, can be reasonably/accurately described as a Commissioner of the Australian Secret Police.
185. The Commissioner of the Australian Secret Police (Commissioner of Australian Secret Police) can be sued on behalf of the Commonwealth as in meaning of 75(iii) of the Constitution.
186. The Commissioner of Australian Secret Police can be sued generally.
187. The Applicant has a right to proceed against the Commissioner of Australian Secret Police.
188. The Australian Secret Police (the secret police) includes members of the National Intelligence Community.
189. The secret police cause, or have caused, false information be produced to the Applicant.
     Particulars
     (a) The secret police cause false information to be produced to the Applicant by altering electronic communications in transit or altering data on computers used by the Applicant.
     (b) The preceding is not exhaustive.
     (c) Further particulars may be provided after discovery.
190. The secret police act, or have acted, to limit the Applicant’s freedom of movement.
     Particulars
     (a) The secret police limit the Applicant’s freedom of movement by limiting his financial assets.
     (b) The preceding is not exhaustive.
     (c) Further particulars may be provided after discovery.
191. The secret police act, or have acted, to procure information about the Applicant by experimentation with him.
     Particulars
     (a) The secret police experimentally procured information about the Applicant in connexion with his Australian government security clearance.
     (b) The secret police experimentally procured information about the Applicant in connexion with his employment at the Defence Science and Technology Group.
     (c) The preceding are not exhaustive
     (d) Further particulars may be provided after discovery.

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192. The secret police act, or have acted, to procure information about the Applicant generally.
     Particulars
     Particulars may be provided after discovery.
193. The secret police act, or have acted, to keep the Applicant removed from protection of the law.
     Particulars
     Particulars may be provided after discovery.
194. The secret police act, or have acted, to remove the Applicant from protection of the law.
     Particulars
     Particulars may be provided after discovery.

Chronology
Australian Human Rights Commissioner

195. In September 2023 the Applicant complained to the First Respondent about an organisation he suspected to act on behalf of the Third Respondent.
196. In November 2023 the Applicant complained to the First Respondent about incompetence of the Fourth Respondent.
197. In November 2023 the First Respondent informed the Applicant of having decided not to continue to inquire into the Applicant’s complaint about the organisation he suspected to act on behalf of the Third Respondent.
198. By email sent 16 January 2024, the First Respondent requested the Applicant indicate whether he wished to continue with his complaint about incompetence of the Fourth Respondent according to a summary and assessment of the complaint produced by the First Respondent.
199. By email sent 16 January 2024 the Applicant informed the Fist Respondent he did not wish to continue with his complaint about incompetence of the Fourth Respondent.
200. In May 2024 the Applicant complained to the First Respondent about the Third Respondent, asserting the Third Respondent will fail to do things necessary to give effect to human rights in a matter disclosed to him by the Applicant.
201. In May 2024 the Applicant complained to the First Respondent about the First Respondent and Fifth Respondent, asserting the First Respondent gives false and misleading information about his functions.

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202. In May 2024 the Applicant complained to the First Respondent about the First Respondent and Fifth Respondent, asserting the First Respondent acts in violation of human rights.
203. In May 2024 the Applicant complained to the First Respondent about the First Respondent and Fifth Respondent, asserting the First Respondent acts on behalf of the secret police.
204. In August 2024 the Applicant requested the First Respondent provide access to documents relating to the Applicant’s complaint about the Third Respondent.
205. In August 2024 the Applicant requested the First Respondent provide access to documents relating to the Applicant’s complaint about the First Respondent and Fifth Respondent.
206. In September 2024 the First Respondent informed the Applicant of having no record of receiving the Applicant’s complaint about the Third Respondent.
207. In September 2024 the First Respondent informed the Applicant of having no record of receiving the Applicant’s complaint about the First Respondent and Fifth Respondent.
208. In September 2024 the Applicant provided documents containing his personal information to the First Respondent for purposes of an internal review of the First Respondent’s decision not to give the Applicant access to documents relating to the Applicant’s complaint about the Third Respondent.
209. In September 2024 the Applicant provided documents containing his personal information to the First Respondent for purposes of an internal review of the First Respondent’s decision not to give the Applicant access to documents relating to the Applicant’s complaint about the First Respondent and Fifth Respondent.
210. By email sent in September 2024 and attaching documents containing personal information the Applicant provided for internal review purposes, the First Respondent claimed he would have responded, to the Applicant’s complaint about the Third Respondent, like he had to the Applicant’s earlier complaints.
211. By email sent in September 2024 and attaching documents containing personal information the Applicant provided for internal review purposes, the First Respondent claimed he would have responded, to the Applicant’s complaint about the First Respondent and Fifth Respondent, like he had to the Applicant’s earlier complaints.

Commonwealth Director of Public Prosecutions

212. By email sent 20 December 2023 the Applicant requested the Second Respondent prosecute one or more Commonwealth government entities and/or officers of the Commonwealth in relation to one or more alleged offences.

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213. By email sent to the Applicant on 21 December 2023 the Second Respondent effectively refused to bring forth prosecution as requested by the Applicant on 20 December 2023.
214. By email sent 21 December 2024 the Applicant requested the Second Respondent identify an appropriate agency for investigation of the matter of the alleged offences.
215. The Second Respondent did not respond to the Applicant’s 21 December 2024 request.
216. The Second Respondent did not respond to the Applicant’s 20 December 2024 request otherwise than by producing/sending his 21 December 2024 email to the Applicant.

Commissioner, Australian Federal Police

217. In November 2023 the Applicant disclosed by letter to the Third Respondent the matter of his September 2023 complaint to the First Respondent about an organisation he suspected to act on behalf of the Third Respondent.
218. With the Applicant’s November 2023 letter to the Third Respondent, the Applicant requested the Third Respondent make it known to the Applicant if there exists a person more appropriate than the Third Respondent for dealing with the matter of the Applicant’s complaint about the organisation he suspected to act on behalf of the Third Respondent.

Particulars
The letter contained the Applicant’s email address but did not contain his postal address.

219. By letter dated 03 January 2024 and sent to the Applicant’s postal address, the Third Respondent in January 2024 informed the Applicant of having received an enquiry from the Applicant on 03 January 2023.
     Particulars
     (a) The Applicant received the Third Respondent’s letter after 05 January 2024.
     (b) The Applicant on 05 January 2024 affirmed an affidavit to the Supreme Court of Victoria dated 04 January 2023 on its front page.
     (c) The content of the letter is not coincidence independent of content of the affidavit.
     (d) Further particulars may be provided after discovery.
220. By way of email sent in reply to an enquiry by the Applicant about the Third Respondent’s January 2024 letter, the Third Respondent informed the Applicant of the January 2024 letter having to do with a matter of the Applicant’s with the First Respondent.

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221. By webform submission and letter both sent in May 2024, the Applicant disclosed to the Third Respondent, and requested the Third respondent investigate, a matter of alleged crimes against humanity.
222. The Third Respondent did not properly investigate the matter of alleged crimes against humanity disclosed to him by the Applicant.
223. Alternatively: The Third Respondent did not inform the Applicant of investigating the matter of alleged crimes against humanity disclosed by the Applicant to the Third Respondent.
224. In his May 2024 complaint about the Third Respondent to the First Respondent, the Applicant disclosed the matter of alleged crimes against humanity as also disclosed by him to the Third Respondent in May 2024.
225. In his May 2024 complaint about the Third Respondent to the First Respondent, the Applicant disclosed having disclosed to the Third Respondent the matter of alleged crimes against humanity.

Australian Information Commissioner

226. The Applicant has not disclosed to the Fourth Respondent the matter of alleged crimes against humanity (otherwise than in bringing this proceeding).

Director-General of National Intelligence

227. The Applicant has not disclosed to the Fifth Respondent the matter of alleged crimes against humanity (otherwise than in bringing this proceeding).

Wrongdoing
Australian Human Rights Commissioner 228. The First Respondent used the Applicant’s personal information for a secondary purpose in circumstances such that neither APP 6.2 nor APP 6.3 applied.

229. Alternatively: The First Respondent used the Applicant’s personal information for a secondary purpose in circumstances such that APP 6.3 did not apply and APP 6.2 applied otherwise than because of paragraph (a) of APP 6.2.
230. The First Respondent used sensitive information about the Applicant for a secondary purpose in circumstances such that neither APP 6.2 nor APP 6.3 applied.
231. Alternatively: The First Respondent used sensitive information (in meaning of Privacy Act 1988) about the Applicant for a secondary purpose in circumstances such that APP 6.3 did not apply and APP 6.2 applied otherwise than because of paragraph (a) of APP 6.2.

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232. The First Respondent used personal information about the Applicant in violation of his human rights.
233. The First Respondent used sensitive information about the Applicant in violation of his human rights.
234. The First Respondent used personal information about the Applicant contrary to the First Respondent’s duty of promoting acceptance of human rights in Australia.
235. The First Respondent used sensitive information about the Applicant contrary to the First Respondent’s duty of promoting acceptance of human rights in Australia.
236. The First Respondent breached a duty of ensuring he gives effect to human rights in
     matters disclosed to him by the Applicant.
237. The First Respondent breached a duty of ensuring the Third Respondent gives effect to human rights in matters disclosed by the Applicant to the First Respondent.
238. The First Respondent produced false information to the Applicant.
239. The First Respondent acted for the secret police in dealing with matters disclosed to him by the Applicant.
240. Alternatively: The First Respondent acted for another person in dealing with matters disclosed to him by the Applicant.
241. Alternatively: The First Respondent acted on behalf of the secret police in dealing with matters disclosed to him by the Applicant.
242. Alternatively: The First Respondent acted at the direction of another person in dealing with matters disclosed to him by the Applicant.
243. The First Respondent was evasive of matters disclosed to him by the Applicant.
244. Alternatively: The First Respondent was incompetent in matters disclosed to him by the Applicant.
245. Alternatively: On information and documents the First Respondent gave (and omitted to give) by email to the Applicant, the Applicant may reasonably believe the First Respondent is incompetent or evasive.
246. By failing to properly discharge his duties, the First Respondent caused the Applicant remain detained.
     Particulars
     The Applicant is or was detained in a Garrison.
247. By failing to properly discharge his duties, the First Respondent caused the Applicant experience displeasure.

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Commonwealth Director of Public Prosecutions

248. The Second Respondent breached a duty of ensuring investigation of alleged offences in matters disclosed to him by the Applicant.
249. The Second Respondent breached a duty of bringing forth the prosecution of alleged offences in matters disclosed to him by the Applicant.
250. The Second Respondent was evasive of matters disclosed to him by the Applicant.
251. Alternatively: The Second Respondent was incompetent in matters disclosed to him by the Applicant.
252. Alternatively: On information the Second Respondent gave (and omitted to give) by email to the Applicant, the Applicant may reasonably believe the Second Respondent is incompetent or evasive.
253. By failing to properly discharge his duties, the Second Respondent caused the Applicant remain detained.
     Particulars
     The Applicant is or was detained in a Garrison.
254. By failing to properly discharge his duties, the Second Respondent caused the Applicant experience displeasure.

Commissioner, Australian Federal Police

255. The Third Respondent breached a duty of investigating alleged offences disclosed to him by the Applicant.
256. The Third Respondent was evasive of matters disclosed to him by the Applicant.
257. Alternatively: The Third Respondent was incompetent in matters disclosed to him by the Applicant.
258. Alternatively: On information the Second Respondent gave (and omitted to give) by email and postal mail to the Applicant, the Applicant may reasonably believe the Third Respondent is incompetent or evasive.
259. The Third Respondent harasses, or has harassed, the Applicant with use of personal information about the Applicant obtained by the Third Respondent otherwise than from the Applicant.
260. Alternatively: The Third Respondent harasses, or has harassed, the Applicant with use of personal information about the Applicant obtained from the Applicant by the Third Respondent in such circumstances that the Applicant could not reasonably have been aware of the Third Respondent obtaining the information.

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261. By failing to properly discharge his duties, the Third Respondent caused the Applicant become detained.
     Particulars
     (a) The Applicant is or was detained in a Garrison.
     (b) Further particulars may be provided after discovery.
262. By failing to properly discharge his duties, the Third Respondent caused the Applicant remain detained.
     Particulars
     (a) The Applicant is or was detained in a Garrison.
     (b) Further particulars may be provided after discovery.
263. By failing to properly discharge his duties, the Third Respondent caused the Applicant experience displeasure.

Australian Information Commissioner

264. Claims of wrongdoing by the Fourth Respondent are in this proceeding unnecessary.

Director-General of National Intelligence

265. The Fifth Respondent breached a duty of ensuring the National Intelligence Community act lawfully in matters relating to the Applicant.
266. The Fifth Respondent breached a duty of ensuring the National Intelligence Community act responsibly in matters relating to the Applicant.
267. By failing to properly discharge his duties, the Fifth Respondent caused the Applicant become detained.
     Particulars
     (a) The Applicant is or was detained in a Garrison.
     (b) Further particulars may be provided after discovery.
268. By failing to properly discharge his duties, the Fifth Respondent caused the Applicant remain detained.
     Particulars
     (a) The Applicant is or was detained in a Garrison.
     (b) Further particulars may be provided after discovery.
269. By failing to properly discharge his duties, the Fifth Respondent caused the Applicant experience displeasure.

Necessity

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Injunction

270. The Third Respondent intends not to investigate, or not to properly investigate, offences against the laws of the Commonwealth committed or allegedly committed against the Applicant.
     Particulars
     (a) Intention is inferred from the content of correspondence exchanged between the Applicant and Third Respondent.
     (b) Further particulars may be provided after discovery.
271. Alternatively: The Third Respondent in the past intended not to investigate, or not to properly investigate, offences against the laws of the Commonwealth committed or allegedly committed against the Applicant.
     Particulars
     (a) Intention is inferred from the content of correspondence exchanged between the Applicant and Third Respondent.
     (b) Further particulars may be provided after discovery.
272. Alternatively: The Third Respondent in the past failed to investigate, or to properly investigate, offences against the laws of the Commonwealth committed or allegedly committed against the Applicant.
273. The Second Respondent intends not to prosecute, or not to properly prosecute, offences against the laws of the Commonwealth committed against the Applicant.
     Particulars
     (a) Intention is inferred from the content of correspondence exchanged between the Applicant and Second Respondent.
     (b) Further particulars may be provided after discovery.
274. Alternatively: The Second Respondent in the past intended not to prosecute, or not to properly prosecute, offences against the laws of the Commonwealth committed against the Applicant.
     Particulars
     (a) Intention is inferred from the content of correspondence exchanged between the Applicant and Second Respondent.
     (b) Further particulars may be provided after discovery.

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275. Alternatively: The Second Respondent in the past failed to prosecute, or to properly prosecute, offences against the laws of the Commonwealth committed against the Applicant.
276. Alternatively: The Second Respondent in the past failed to discharge his duties as required for bringing forth the prosecution of offences against the laws of the Commonwealth committed against the Applicant.
277. The First Respondent intends not to do things required of him, in matters disclosed to him by the Applicant, for promoting acceptance of human rights in relation to offences committed by public officials or in conspiracy with public officials.
     Particulars
     (a) Intention is inferred from the content of correspondence exchanged between the Applicant and First Respondent.
     (b) Further particulars may be provided after discovery.
278. Alternatively: The First Respondent in the past intended not to do things required of him, in matters disclosed to him by the Applicant, for promoting acceptance of human rights in relation to offences committed by public officials or in conspiracy with public officials.
     Particulars
     (a) Intention is inferred from the content of correspondence exchanged between the Applicant and First Respondent.
     (b) Further particulars may be provided after discovery.
279. Alternatively: The First Respondent in the past failed to do things required of him, in matters disclosed to him by the Applicant, for promoting acceptance of human rights in relation to offences committed by public officials or in conspiracy with public officials.
280. The First Respondent will, or can be reasonably expected to, fail to comply with his obligations with respect to human rights in matters relating to offences committed against the Applicant by public officials or in conspiracy with public officials.
281. Alternatively: The First Respondent has in the past failed to comply with his obligations with respect to human rights in matters relating to offences committed against the Applicant by public officials or in conspiracy with public officials.
282. The First Respondent requires advice or other assistance of the Fourth Respondent (or another similarly or more competent authority or consultancy) in order to comply with his obligations with respect to human rights in matters relating to offences committed against the Applicant by public officials or in conspiracy with public officials.
     Particulars

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(a) The requirement for advice or other assistance is inferred from the content of correspondence exchanged between the Applicant and First Respondent.
(b) Further particulars may be provided after discovery.

283. The First Respondent requires advice or other assistance of the Fourth Respondent (or another similarly or more competent authority or consultancy) in order to comply with his obligations with respect to human rights in bringing forth the prosecution and punishment of people who committed crimes against humanity against the Applicant.
     Particulars
     (a) The requirement for advice or other assistance is inferred from the content of correspondence exchanged between the Applicant and First Respondent.
     (b) Further particulars may be provided after discovery.

Declaration

284. Membership of the Australian Secret Police is not necessarily limited to only agents of the Commonwealth.
285. No one person can be sued in relation to activities of the Australian Secret Police unless the Court declares otherwise.
286. The Commissioner of Australian Secret Police cannot in practice be sued in that name unless the Court declares otherwise.
287. Process in proceedings against officers of the Commonwealth can be served by delivering it personally to any person appointed by the Attorney-General of the Commonwealth to receive service.
288. The Commissioner of Australian Secret Police is himself an officer of the Commonwealth.
289. Alternatively: In proceedings to which the Commissioner of Australian Secret Police is party, serving process on a person appointed by the Attorney-General of the Commonwealth to receive service is sufficient for bringing it to the notice of the Commissioner of Australian Secret Police.

Applicable laws
Statute and common law

290. The Court exercises jurisdiction in Victoria in this proceeding.
291. 79(1) Judiciary Act 1903 causes that laws of Victoria are binding on the Court in this proceeding.

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292. Alternatively: The laws of Victoria are binding on the Court in this proceeding otherwise than because of s.79 Judiciary Act 1903.
293. s.80 Judiciary Act 1903 causes that common law is modified by the Constitution and by statute law in force in the State or Territory in which the Court exercises jurisdiction.
294. Alternatively: Common law is modified by the Constitution and by statute law in force in the State or Territory in which the Court exercises jurisdiction otherwise than because of s.80 Judiciary Act 1903.
295. The common law is in this proceeding that of Australia as modified by the Constitution and statute law in force in Victoria.
296. 12B(2)(a) Privacy Act 1988 allows the Applicant to claim relief under 25(1) Privacy Act 1988 without a civil penalty order or finding of guilt first made.
297. Alternatively: Otherwise than because of 12B(2)(a) Privacy Act 1988, the Applicant can claim relief under 25(1) Privacy Act 1988 without a civil penalty order or finding of guilt first made
298. 12B(2)(a) Privacy Act 1988 allows the Applicant to claim relief under 25A(2) Privacy Act 1988 without a civil penalty order or finding of guilt first made.
299. Alternatively: Otherwise than because of 12B(2)(a) Privacy Act 1988, the Applicant can claim relief under 25A(2) Privacy Act 1988 without a civil penalty order or finding of guilt first made.
300. 6(2)(b) Charter of Human Rights and Responsibilities Act 2006 requires in this proceeding every statutory provision be in interpreted, so far as it is possible to do so consistently with its purpose, in a way that is compatible with human rights.
301. 12B(2)(a) Privacy Act 1988 requires in this proceeding every law be interpreted, so far as it is possible to do so consistently with its purpose, in a way that is compatible with the rights and freedoms recognized in the ICCPR.
302. 12B(2)(a) Privacy Act 1988 requires in this proceeding every law be interpreted, so far as it is possible to do so consistently with its purpose, in a way that is compatible with human rights.
303. s.5 Charter of the United Nations Act 1945 requires in this proceeding every law be interpreted, so far as it is possible to do so consistently with its purpose, in a way that is compatible with human rights.
304. 28(1) Open Courts Act 2013 requires the court have regard to the primacy of the principle of open justice and the free communication and disclosure of information in making any order.

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The Constitution

305. Section 51 of the Constitution causes s. 268.121 of the Criminal Code to stand in excess of the legislative power of the Parliament.
306. Alternatively: Chapter III of the Constitution causes s. 268.121 of the Criminal Code to stand in excess of the legislative power of the Parliament.
307. Alternatively: s. 268.121 of the Criminal Code stands in excess of the legislative power of the Parliament because of the Constitution generally.
308. Alternatively: s. 268.121 of the Criminal Code stands in excess of the legislative power of the Parliament otherwise than because of the Australian Commonwealth of Australia Constitution Act.
309. Section 51 of the Constitution causes s. 268.122 of the Criminal Code to stand in excess of the legislative power of the Parliament.
310. Alternatively: Chapter III of the Constitution causes s. 268.122 of the Criminal Code to stand in excess of the legislative power of the Parliament.
311. Alternatively: s. 268.122 of the Criminal Code stands in excess of the legislative power of the Parliament because of the Constitution generally.
312. Alternatively: s. 268.122 of the Criminal Code stands in excess of the legislative power of the Parliament otherwise than because of the Australian Commonwealth of Australia Constitution Act.
313. A right of proceeding in suit against the Commissioner of Australian Secret Police is implicit to the Constitution.

Equitable remedy
Injunction

314. The Applicant claims, under 121(2) Regulatory Powers (Standard Provisions) Act 2014, an injunction requiring the First Respondent, Second Respondent, Third Respondent and Fourth Respondent collectively do all things necessary bring forth the prosecution and punishment of every person who committed against the Applicant a crime against humanity in meaning of the Criminal Code.
315. Alternatively: The Applicant claims, under 121(1) Regulatory Powers (Standard Provisions) Act 2014, an injunction requiring the First Respondent, Second Respondent, Third Respondent and Fourth Respondent collectively do all things necessary to bring forth the prosecution and punishment of every person who committed against the Applicant a crime against humanity in meaning of the Criminal Code.

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316. Alternatively: The Applicant claims, under 25A(2) Privacy Act 1988, an injunction requiring the First Respondent, Second Respondent, Third Respondent and Fourth Respondent collectively do all things necessary to bring forth the prosecution and punishment of every person who committed against the Applicant a crime against humanity in meaning of the Criminal Code.
317. Alternatively: The Applicant claims, under 39(1) Charter of Human Rights and Responsibilities Act 2006, an injunction requiring the First Respondent, Second Respondent, Third Respondent and Fourth Respondent collectively do all things necessary to bring forth the prosecution and punishment of every person who committed against the Applicant a crime against humanity in meaning of the Criminal Code.
318. Alternatively: The Applicant claims, under s.80 Judiciary Act 1903, an injunction requiring the First Respondent, Second Respondent, Third Respondent and Fourth Respondent collectively do all things necessary to bring forth the prosecution and punishment of every person who committed against the Applicant a crime against humanity in meaning of the Criminal Code.
319. Alternatively: The Applicant claims, under common law, an injunction requiring the First Respondent, Second Respondent, Third Respondent and Fourth Respondent collectively do all things necessary to bring forth the prosecution and punishment of every person who committed against the Applicant a crime against humanity in meaning of the Criminal Code.
320. By effect of 12B(2)(a) Privacy Act 1988, all things necessary include, upon conviction of a person having committed a crime against humanity against the Applicant, applying to a court for orders requiring the person convicted be also subjected to substantially similar inconveniences, annoyances and discomforts to those to which the Applicant was subjected.
321. all things necessary include investigating crimes against humanity committed or allegedly committed against the Applicant.
322. all things necessary include prosecuting crimes against humanity committed or allegedly committed against the Applicant.
323. all things necessary include coordinating programs of investigation and prosecution of crimes against humanity committed or allegedly committed against the Applicant.
324. all things necessary include advising the First Respondent about matters relating to obligations with respect to human rights.

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325. all things necessary include keeping the Applicant informed of things done and things not done as may reasonably be necessary for enforcement of the injunction.
326. all things necessary do not include compelling the Applicant to do things with use of coercive powers.
327. The injunction claimed by the Applicant requires the First, Second, Third and Fourth Respondents jointly determine what other things all things necessary include.
328. The Applicant has standing in all of his claims to an injunction.

Declaration

329. The Applicant claims relief in form of an order declaring there exist an Australian Secret Police.
330. The Applicant claims relief in form of an order declaring there is a Commissioner of the Australian Secret Police.
331. The Applicant claims relief in form of an order declaring he can proceed against the Commissioner of Australian Secret Police.
332. The Applicant claims relief in form of an order declaring process in proceedings against the Commissioner of Australian Secret Police can be served by delivering copies of it personally to any person appointed by the Attorney-General of the Commonwealth to receive service.
333. The Applicant has standing in all of his claims to a declaration.

Legal Remedy
Damages in false imprisonment

334. The Applicant claims damages in false Imprisonment under s.11 Habeas Corpus Act 1679.
335. Alternatively: The Applicant claims damages in false imprisonment under s.80 Judiciary Act 1903.
336. Alternatively: The Applicant claims damages in false imprisonment at common law.

Compo for hurt feelings &c.

337. The Applicant claims damages including compensation for injury to feelings in 25(1) Privacy Act 1988.
338. Alternatively: The Applicant claims damages including compensation for injury to feelings in 25A(2) Privacy Act 1988.
339. Alternatively: The Applicant claims damages including compensation for injury to feelings under s.80 Judiciary Act 1903.

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340. Alternatively: The Applicant claims damages including compensation for injury to feelings at common law.

Deterrence

341. For the exemplary damages claimed to deter future wrongdoing, determination of the amount in exemplary damages to be ordered must have regard to revenues of the person against whom those damages are claimed.
342. The Applicant claims exemplary damages in amount sufficient to deter future interference with his rights by the Commonwealth.
343. The Applicant claims exemplary damages in amount sufficient to deter future interference with his rights by every officer of the Commonwealth.
344. The Applicant claims exemplary damages in amount sufficient to deter generally future misbehaviour of like nature by the Commonwealth.
345. The Applicant claims exemplary damages in amount sufficient to deter generally future misbehaviour of like nature by every officer of the Commonwealth.
346. The Applicant claims exemplary damages in amount equal to sum tax revenue of the Commonwealth accrued in tax years beginning the year when the Applicant first was detained by the secret police and ending the first year before this proceeding concludes.
     Particulars
     (a) The year when the Applicant first was detained by the secret police is to be determined upon examination of documents produced by way of discovery.
     (b) The total amount in exemplary damages is to be computed from publicly available materials.
347. The Applicant has standing in all of his claims to exemplary damages.

Sundry monies

348. APP 12.7 limits discovery costs recoverable by Respondents in this proceeding to only the costs of making discovery of documents not containing personal information about the Applicant.
349. The Applicant claims costs of the proceeding whether or not any of his other claims succeed.
     Particulars
     (a) This proceeding is a test case in the public interest.
     (b) Each Respondent is a Commonwealth government entity.

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350. The Applicant claims interest up to judgement on all amounts claimed.

Not-defamation &c.

351. The Applicant’s claims in this proceeding are not defamatory nor otherwise vexatious.
352. 28(1) Open Courts Act 2013 requires the Court publish all written submissions if this matter is determined without oral hearing.
     Particulars
     Written submissions must be published on the website of the Federal Court or in some other publication officially and publicly linked with the Federal Court.
353. The Applicant has standing in the matter of his claim to publication of written submissions.

Competence

354. s.22 Federal Court of Australia Act 1976 empowers the Federal Court to order all relief claimed in this proceeding.
355. 39B(1A) Judiciary Act 1903 empowers the Federal Court to adjudicate on questions of constitutional validity of Commonwealth laws.
356. Alternatively: Otherwise than because of 39B(1A) Judiciary Act 1903, the Federal Court has power to adjudicate on questions of constitutional validity of Commonwealth laws.
357. 5(2) Federal Court of Australia Act 1976 empowers the Federal Court to adjudicate on questions of invalidity of Commonwealth laws not concerning repugnance of those laws to the Australian Commonwealth of Australia Constitution Act.
358. Alternatively: Otherwise than because of 5(2) Federal Court of Australia Act 1976, the
     Federal Court has power to adjudicate on questions of invalidity of Commonwealth laws not concerning repugnance of those laws to the Australian Commonwealth of Australia Constitution Act.

Injunction

359. 121(1) Regulatory Powers (Standard Provisions) Act 2014 empowers the Federal Court to grant the injunction claimed in this proceeding.
360. 121(2) Regulatory Powers (Standard Provisions) Act 2014 empowers the Federal Court to grant the injunction claimed in this proceeding.
361. 12B(2)(a) Privacy Act 1988 empowers the Federal Court to grant the injunction claimed in this proceeding.

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362. 25A(2) Privacy Act 1988 empowers the Federal Court to grant the injunction claimed in this proceeding.
363. 39(1) Charter of Human Rights and Responsibilities Act 2006 empowers the Federal Court to grant the injunction claimed in this proceeding.
364. s.80 Judiciary Act 1903 empowers the Federal Court to grant the injunction claimed in this proceeding.
365. 12B(2)(a) Privacy Act 1988 empowers the Federal Court to grant injunctions enforcing human rights generally.
366. 25A(2) Privacy Act 1988 empowers the Federal Court to grant injunctions enforcing human rights generally.
367. 39(1) Charter of Human Rights and Responsibilities Act 2006 empowers the Federal Court to grant injunctions enforcing human rights generally.
368. s.80 Judiciary Act 1903 empowers the Federal Court to grant injunctions enforcing human rights generally.
369. 39B(1) Judiciary Act 1903 empowers the Federal Court to grant injunctions against the Respondents in this matter generally.
370. 5(2) Federal Court of Australia Act 1976 empowers the Federal Court to grant injunctions generally.

Declaration

371. 21(1) Federal Court of Australia Act 1976 empowers the Federal Court to make declaratory orders.

false imprisonment &c.

372. 5(2) Federal Court of Australia Act 1976 empowers the Federal Court to order damages in false imprisonment.
373. 12B(2)(a) Privacy Act 1988 empowers the Federal Court to order damages in false imprisonment.
374. 25(1) Privacy Act 1988 empowers the Federal Court to order damages in false imprisonment.
375. 25A(2) Privacy Act 1988 empowers the Federal Court to order damages in false imprisonment.
376. 12B(2)(a) Privacy Act 1988 empowers the Federal Court to order damages in respect of human rights violations generally.

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377. 25(1) Privacy Act 1988 empowers the Federal Court to order damages in respect of human rights violations generally.
378. 25A(2) Privacy Act 1988 empowers the Federal Court to order damages in respect of human rights violations generally.
379. s.80 Judiciary Act 1903 empowers the Federal Court to order damages in respect of human rights violations generally.
380. 5(2) Federal Court of Australia Act 1976 empowers the Federal Court to order damages generally.

Injury to feelings &c.

381. 12B(2)(a) Privacy Act 1988 empowers the Federal Court to order damages including compensation for injury to feelings as claimed in this proceeding.
382. s.80 Judiciary Act 1903 empowers the Federal Court to order damages including compensation for injury to feelings as claimed in this proceeding.
383. 12B(2)(a) Privacy Act 1988 empowers the Federal Court to order damages including compensation for injury to feelings in respect of human rights violations generally.
384. 25(1) Privacy Act 1988 empowers the Federal Court to order damages including compensation for injury to feelings in respect of human rights violations generally.
385. 25A(2) Privacy Act 1988 empowers the Federal Court to order damages including compensation for injury to feelings in respect of human rights violations generally.
386. s.80 Judiciary Act 1903 empowers the Federal Court to order damages including compensation for injury to feelings in respect of human rights violations generally.
387. 25(1) Privacy Act 1988 empowers the Federal Court to order damages including compensation for injury to feelings generally.
388. 25A(2) Privacy Act 1988 empowers the Federal Court to order damages including compensation for injury to feelings generally.
389. s.80 Judiciary Act 1903 empowers the Federal Court to order damages including compensation for injury to feelings generally.

Exemplary damages

390. 12B(2)(a) Privacy Act 1988 empowers the Federal Court to order the exemplary damages claimed in this proceeding.
391. 25(1) Privacy Act 1988 empowers the Federal Court to order the exemplary damages claimed in this proceeding.

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392. 25A(2) Privacy Act 1988 empowers the Federal Court to order the exemplary damages claimed in this proceeding.
393. s.80 Judiciary Act 1903 empowers the Federal Court to order the exemplary damages claimed in this proceeding.
394. 5(2) Federal Court of Australia Act 1976 empowers the Federal Court to order the exemplary damages claimed in this proceeding.
395. 12B(2)(a) Privacy Act 1988 empowers the Federal Court to order exemplary damages in respect of human rights violations generally.
396. 25(1) Privacy Act 1988 empowers the Federal Court to order exemplary damages in respect of human rights violations generally.
397. 25A(2) Privacy Act 1988 empowers the Federal Court to order exemplary damages in respect of human rights violations generally.
398. s.80 Judiciary Act 1903 empowers the Federal Court to order exemplary damages in respect of human rights violations generally.
399. 5(2) Federal Court of Australia Act 1976 empowers the Federal Court to order exemplary damages in respect of human rights violations generally.
400. 5(2) Federal Court of Australia Act 1976 empowers the Federal Court to order exemplary damages generally.

Date: 27 February 2023

Applicant

This pleading was prepared by Jan Marek Kant, Applicant