These Terms of Reference (“TOR”) apply to the correspondence or Notice from which you accessed this page. They set out the definitions, interpretive framework, and conditions under which the author uses specific terms in written communication. By following the link provided in the original document, you are viewing the TOR that apply to that and future communications with the author of that document.

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Last updated 20 June 2026

Terms of Reference (TOR)

For application and inclusion to all Notices, Correspondence, and Administrative Communications.

1. Purpose

These Terms of Reference (“TOR”) define how all terms, expressions, and language are to be understood in correspondence issued by the author. They ensure clarity, remove ambiguity, and establish the interpretive framework based strictly on the highest written law, including the Commonwealth of Australia Constitution Act 1900 (Imp) (Federal Register of Legislation identifier C2013Q00005 C06) as complete founding instrument, State constitutional texts as enacted and as lawfully amended in accordance with their own provisions, and any express written agreements.

These TOR do not alter any valid law. They define language and state the terms upon which the author communicates and the definitions relied upon in that communication. They operate in the same manner and on the same principle as the Acts Interpretation Act 1901 (Cth), which itself exists for the express purpose of defining how terms and language in Commonwealth legislation are to be understood, removing ambiguity, and establishing an interpretive framework that governs construction of Acts to which it applies. As that Act establishes defined meanings to govern the construction of Commonwealth legislation, so these TOR establish defined meanings to govern the construction of correspondence issued by the author.

By the operation of section 7(2)(c) of the Acts Interpretation Act 1901 (Cth), any right, privilege, or entitlement of the author accrued under any Act remains preserved and unaffected by any subsequent repeal or amendment of that Act. The author does not, by communicating under these TOR, waive or surrender any such accrued right.

Where any term defined in these TOR conflicts with a definition applied by statute, the defined term in these TOR governs the interpretation of correspondence issued by the author, unless the author expressly states otherwise in writing in a specific communication. Any party asserting that a statutory definition overrides a definition in these TOR bears the burden of identifying the specific statutory provision relied upon, the mechanism by which it applies to the author as a living man, and the basis upon which it displaces a definition the author has expressly adopted in his own communications.

Acknowledgement

Acknowledging the Creator as the highest authority, may all actions be guided in truth and good faith.

2. Constitutional & Sovereignty Terms

Highest Authority

Shall mean: The author acknowledges the Creator as the highest authority and ultimate source of life, existence, order, and moral foundation, within which all human systems of law and governance arise; this acknowledgement expresses the foundational position of the author and is not asserted as imposing theological, legal, or doctrinal obligation upon any other party.

Constitution

Shall mean: The Commonwealth of Australia Constitution Act 1900 (UK), being an Act of the Imperial Parliament of the United Kingdom, recorded on the Federal Register of Legislation under identifier C2013Q00005 C06, being the sixth compilation of the instrument, dated 29 July 1977, comprising in its complete and operative form:

(a) the Preamble, recording the compact of the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania to unite in one indissoluble Federal Commonwealth;

(b) covering clauses 1 through 9, being operative provisions of the Imperial Act, including Covering Clause 1 (short title), Covering Clause 2 (extension to heirs and successors in the sovereignty of the United Kingdom), Covering Clause 3 (Proclamation of Commonwealth), Covering Clause 5 (binding operation of the Act and laws made under it), and Covering Clause 6 (definition of “The Commonwealth” as the Commonwealth of Australia as established under this Act); and

(c) the Constitution of the Commonwealth as set out in section 9 of the Act, in eight chapters, as lawfully altered by the people of the Commonwealth by referendum under section 128 on the following occasions: Constitution Alteration (Senate Elections) 1906, Constitution Alteration (State Debts) 1909, Constitution Alteration (State Debts) 1928, Constitution Alteration (Social Services) 1946, Constitution Alteration (Aboriginals) 1967, Constitution Alteration (Senate Casual Vacancies) 1977, Constitution Alteration (Retirement of Judges) 1977, and Constitution Alteration (Referendums) 1977.

The founding instrument was proclaimed and brought into force on 1 January 1901 under Covering Clause 4. The only mechanism by which it may be altered is that provided in section 128, requiring approval of the people by referendum. No alteration beyond those listed above has been made by referendum. No alteration made otherwise than by referendum under section 128 is recognised as forming part of the founding instrument for the purposes of this document or any matter arising from it.

This term does not extend to, and shall not be construed as referring to, any government publication, reprint, compilation, or summary bearing a title other than “Commonwealth of Australia Constitution Act,” including without limitation any publication titled “Australian Constitution,” “The Constitution,” “Australia’s Constitution,” or “The Constitution of Australia,” to the extent that any such publication differs from, omits, or mischaracterises any provision of the founding instrument in its complete form as described above.

Constitution WA

Shall mean: The Constitution Act 1889 (WA) and the Constitution Acts Amendment Act 1899 (WA), together with all lawful amendments thereto made in accordance with the requirements of those Acts and any applicable entrenchment provisions, as continuing in force pursuant to section 106 of the Commonwealth of Australia Constitution Act 1900 (UK), subject to that Act and to all laws made by the Parliament of the Commonwealth under it.

For the avoidance of doubt, “Constitution WA” as defined in this document refers to the Western Australian constitutional instruments in their operative form as at the relevant date, and does not include any publication, reprint, or summary of those instruments that differs from or mischaracterises their complete text.

Where any provision of Constitution WA is inconsistent with any provision of the Commonwealth of Australia Constitution Act 1900 (UK) or any valid law of the Commonwealth Parliament, the Commonwealth provision prevails to the extent of the inconsistency, in accordance with section 109 of the founding instrument.

Sovereign

Shall mean: For the purposes of these Terms of Reference, the ultimate source of life, existence, and natural authority, acknowledged by the author as the Creator; and this meaning applies only within the context of the author’s communication and does not alter or displace any constitutional or legal structure.

The Crown

Shall mean the Crown in right of the Commonwealth of Australia as constituted under the Commonwealth of Australia Constitution Act 1900 (UK) (Federal Register of Legislation identifier C2013Q00005 C06), being the sovereign as identified by the Preamble and covering clauses of that Act.

King / Queen

Shall mean the sovereign for the time being in the sovereignty of the United Kingdom, being the heir or successor to whom the provisions of the Commonwealth of Australia Constitution Act 1900 (UK) referring to the Queen extend by operation of Covering Clause 2 of that Act.

Commonwealth of Australia

Shall mean: The political community established under the Commonwealth of Australia Constitution Act 1900 (UK), including the people forming that Commonwealth, as recognised in the covering clauses and operative provisions of the constitutional enactment.

The term expressly does not mean:
any registered entity, corporation, partnership, business name, trust, department, agency, or administrative body recorded on the Australian Business Register, ASIC registers, State partnership registers, or any other statutory or commercial registry, notwithstanding the use of similar or identical words in the name of such registered entities, or any interests (declared or undisclosed) associated with such entities, including interests not apparent from publicly accessible registers or records.

Constitutional Instrument

Shall mean: Any written document forming part of the constitutional settlement as enacted, including covering clauses, Letters Patent, proclamations, and other instruments issued under constitutional authority at the time of their enactment.

3. Status & Identity Terms

Man / Woman

Shall mean: A natural living, breathing being of mankind, existing independently of statutory status, possessing inherent rights by birth.

Parent

Shall mean: A “birth father” or “birth mother” in the biological sense only. Acknowledgment of that biological fact shall not constitute acceptance of any statutory capacity, shall not constitute joinder to any statutory obligation, and shall not waive any right to require proper establishment of any statutory capacity asserted. Any statutory meaning of “parent” under any Act remains distinct from the biological fact and requires separate and proper establishment by the party asserting it before it can be acted upon in any proceedings.

Human Being

Shall mean: A living, breathing man or woman, endowed with life and consciousness, possessing a soul and inherent, inalienable natural rights, existing independently of statutory or artificial legal constructs.

Person

Shall mean: A legal or juridical entity recognised by statute, including a corporation, or body capable of rights and duties under legislation.

Author

Shall mean: The man or woman issuing the correspondence, represented in written words for communication only, without creating any implied agency or statutory status.

Creator

Shall mean: The source of life and existence of a man or woman, and of the land, seas, air, and natural world, acknowledged without reference to doctrine or denomination; and, where used in relation to documents or instruments, the term “creator” shall also mean the man, woman, office, or agency that originates, issues, or brings into existence that instrument, record, notice, or bond.

Resident

Shall mean: A man or woman who, for statutory or administrative purposes only, has agreed to be recorded or treated as occupying a place of residence under legislation or government record. The term “resident” denotes an administrative classification only and does not determine, imply, or establish the author’s domicile, private capacity, or any jurisdictional connection unless expressly acknowledged in writing by the author.

Domicile

Shall mean: The place expressly chosen by a man or woman as their permanent home in private capacity, determined solely by the author’s explicit declaration and not by presumption, administrative record, statutory definition, or inference. No agency, office, or person shall assign or presume a domicile for the author without explicit written confirmation.

Occupant

Shall mean: A man, woman, or person having actual use, possession, or control of land or premises at a given time, including one exercising possessory control over what occurs upon the premises. The term includes one who occupies or takes possession in fact, whether as first possessor of a thing without an owner or otherwise, but does not by itself imply ownership, tenancy, residence, domicile, statutory status, or acceptance of obligations beyond those arising from actual possession.

Owner

Shall mean: The rightful holder of the fee simple or other freehold estate in the land, derived from the original Crown grant and preserved through all subsequent legislative changes by the operation of section 7(2)(c) of the Acts Interpretation Act 1901 (Cth) and any equivalent State provision. Registration as proprietor in any statutory Torrens register is a record of that right only and does not constitute acceptance of the statutory label “owner” under any rating, taxation, planning, environmental, or other Act, nor does it attach any obligation arising under such Act, unless that obligation has been separately and properly established by the party asserting it by reference to the applicable statutory provision and the mechanism by which it is said to attach to the rightful holder.

Representation

Shall mean: Any written or symbolic form used to denote the author, including name, mark, or identifying notation, serving only as a means of communication and not as acceptance of statutory capacity or agency unless expressly stated.

Capacity

Shall mean: The specific role or standing in which a man, woman, or person acts, whether private, statutory, commercial, or public, and such capacity must be expressly identified and shall not be presumed or implied.

Consent to role or capacity

Shall mean: The author does not accept, and has not at any time accepted, the role of defendant, respondent, ratepayer, taxpayer, driver or any other statutory or administrative role, as a matter of voluntary and informed agreement. Any such role has been assumed by the system without their informed consent and is not binding on the author on that basis.

Rights

Shall mean: The inherent entitlements of the author as a living wo/man at common law and natural law, including the right to be heard on the facts, the right to due process, the right to have jurisdiction established before submitting to it, and the right to have every asserted obligation grounded in specific lawful authority. These rights are not statutory privileges. They are not subject to being waived by conduct taken in ignorance of the framework being applied. All Rights Reserved.

Accrued rights

Shall mean: The Rights preserved by the operation of s7(2)(c) of the Acts Interpretation Act 1901 (Cth). Not susceptible of extinguishment by administrative act, by implication, or by conduct taken without informed knowledge of the consequences. All Rights Reserved.

Fair-minded lay observer

Shall mean: a hypothetical construct used by Australian courts to assess apprehended bias: a reasonable, fair-minded member of the public who, while not a lawyer, is sufficiently informed of the relevant facts and ordinary judicial practice to assess whether a decision-maker might not bring an impartial mind to the matter — the question being one of real possibility, not probability, directed at maintaining public confidence in the integrity of the decision-making process.

4. Authority, Jurisdiction & Legislative Terms

Jurisdiction

Shall mean: The lawful authority to act, hear or determine a matter involving a man or woman. Jurisdiction must be established by reference to specific lawful authority applicable to a man or woman. It is not established by conduct, appearance, or filing of documents where those acts were done without knowledge of the framework being applied.

Australia

Shall mean the landmass of the Australian continent, the island State of Tasmania, and all islands, territories and waters within Australian sovereignty, including:

(a) the mainland of the Australian continent and all islands forming part of any State, the continental extremities of which are as determined by Geoscience Australia from time to time;

(b) the Northern Territory and the Australian Capital Territory;

(c) the external Territories, being Christmas Island, the Cocos (Keeling) Islands, Norfolk Island, the Coral Sea Islands Territory, Ashmore and Cartier Islands, the Territory of Heard Island and McDonald Islands, and the Australian Antarctic Territory; and

(d) the territorial sea, contiguous zone, exclusive economic zone, and continental shelf as defined under the Seas and Submerged Lands Act 1973 (Cth).

Statute / Legislation

Shall mean: A written law enacted by a Parliament of the Commonwealth or a State of the Commonwealth, applying to persons or specific regulated activities within its scope, and not altering inherent rights unless expressly authorised by the Constitution.

Authority

Shall mean: The lawful power to act, which must be capable of being traced to a recognised head of power under the Constitution, and which requires identification of the specific constitutional or statutory source upon which it relies.

Duumvirate

Shall mean: For the purposes of these Terms of Reference, a descriptive term used to denote a period or arrangement in which actors in senior offices, men, or decision-makers exercised concurrent and/or coordinated influence over constitutional, statutory, and/or administrative outcomes, with authority expressed through formal instruments, undocumented or unpublished (informal) instruments, and conventions rather than direct popular mandate or Parliamentary oversight. The term is used analytically and with reserved scepticism to describe circumstances where consequential structural changes occurred through executive and/or legislative processes, without asserting intent, motive, legality, or impropriety.

Agency

Shall mean: Any department, authority, office, instrumentality, or body acting under statutory or delegated government power; and no implied agency or representative relationship shall be created or accepted except by express agreement.

Delegated Authority

Shall mean: Power or responsibility conferred upon a person or body by express written instrument or statute, and exercisable only within the limits of that delegation.

Delegation

Shall mean: The act of transferring or conferring authority from one office or body to another by express written instrument, requiring clear source, scope, and limits.

Office

Shall mean: A position or role created by written law or constitutional instrument, carrying defined powers or duties, and not arising by implication or administrative practice.

Head of Power

Shall mean: The specific constitutional or statutory source from which an authority derives its lawful power to act, as required under the Constitution.

Instrument

Shall mean: Any formal written document establishing authority, power, duties, appointments, or legal effect.

Property

Shall mean: Any right, interest, or thing capable of ownership, possession, use, or enjoyment at common law or under statute, whether real or personal, corporeal or incorporeal. Property denotes the bundle of rights associated with ownership or lawful possession, and does not depend upon registration or administrative recognition to exist, except where expressly adopted for specific statutory purposes.

Land

Shall mean: The physical earth, soil, and ground, together with natural attachments and fixtures at common law, and includes any estate or interest therein capable of being held, conveyed, or enjoyed. The term “land” refers to the thing itself and is distinct from any statutory title, register entry, or administrative record relating to it.

Deed

Shall mean: A written instrument executed under the author’s hand and intention, which conveys, grants, affirms, or declares rights, interests, or obligations, and is effective by virtue of its form, intention, and delivery at common law. A Deed does not depend upon statutory form, registration, or administrative acceptance to exist or operate, except where the author expressly adopts such statutory requirements for specific purposes.

Registrar

Shall mean: An office or officer whose function is to receive, record, keep, and maintain registers or records of instruments, facts, or particulars, derived from the historical meaning of “registrary” and “registrarius,” being one who keeps a record. A Registrar records information but does not, by that act alone, create, confer, extinguish, or adjudicate rights, title, ownership, or interests, except to the extent expressly authorised by written law.

Surrogate

Shall mean: An office, officer, or function appointed or authorised to act in the place of another, derived from the term “surrogatus,” meaning to substitute or be put in another’s place. In certain jurisdictions, the term historically refers to an officer exercising probate-related functions, including the granting of letters testamentary or letters of administration, sometimes styled as a surrogate, register of wills, or judge of probate. For the purposes of these Terms of Reference, a surrogate acts only within the scope of the authority expressly conferred and does not, by substitution alone, acquire greater power, jurisdiction, or discretion than that of the original office or authority.

Revocation of Power of Attorney

Shall mean: A declaration by the author that no power of attorney, appointment, mandate, or authority to act on behalf of the author exists or shall be recognised unless expressly granted by the author in a written instrument. Any previously implied, presumed, or asserted power of attorney is hereby revoked, denied, and without effect, and no agency, office, or person shall act or be taken to act for or on behalf of the author without explicit written appointment.

5. Communication & Process Terms

Consent

Shall mean: Voluntary and informed agreement given expressly in writing; no consent of the author shall be implied, presumed, or inferred from silence or inaction.

Notice

Shall mean: A written communication establishing information, requesting clarification, or setting terms, deemed served upon delivery to the designated address, office or system.

Response

Shall mean: A written reply addressing the specific matters raised, providing clear, verifiable authority, definitions, or information.

Declared Interests

Shall mean: A written declaration by an intended respondent, decision-maker, or officer identifying any actual, potential, or perceived conflict of interest relevant to the matter under review.
Such declaration shall include (without limitation): (a) membership in any private society, lodge, order, association, union, fraternity, professional association, or similar body; and (b) any oath or obligation associated with such membership; but only to the extent it could reasonably be perceived to affect impartiality, independence, or the discharge of functions.
Where no such interests exist, the person shall state “None declared”. This term is used as a descriptor of disclosure processes only, without asserting the existence of any actual conflict in any given case.

Undisclosed Interest

Shall mean: Any interest, benefit, control, influence, obligation, or close association of an intended respondent (or their spouse, domestic partner, or child) that is not evident from the face of the relevant instrument, register entry, written disclosure under applicable laws, or standard records—including interests that are unrecorded, not publicly searchable, commercially obscured, or otherwise absent from the public layer.
The term is used as a descriptor of opacity and information asymmetry only, without asserting the existence of any specific undisclosed interest in any given case, and does not of itself imply a breach of disclosure obligations.

Silence

Shall mean: The absence of a written response within the time specified, having the effect stated in the accompanying Notice.

Contract / Agreement

Shall mean: A mutually accepted arrangement entered into knowingly and voluntarily, requiring clear offer, acceptance, full disclosure, meeting of the minds, and no implied obligations.

Language Used

Shall mean: All written communication shall be in English, using traditional English grammar, consistent with the Australian Style Manual.

Signature

Shall mean: A mark, notation, or written affirmation used solely to indicate authorship or acknowledgment as expressly stated, and not to imply consent, capacity, or agency not explicitly declared.

Presumption

Shall mean: Any assumption or inference not grounded in express written authority or explicit agreement; no presumption shall have effect in correspondence governed by these TOR, except where a Notice issued by the author expressly sets out the effect of silence, non-response, or failure to rebut specific points, in which case the terms stated in that Notice shall apply.

Disclaimer

Shall mean: A statement made by the author clarifying that nothing in any correspondence, Notice, instrument, signature, representation, or communication shall be taken to create, imply, acknowledge, or accept any trust, fiduciary relationship, agency, obligation, capacity, or liability unless expressly stated in writing by the author. Any trust, fiduciary position, or obligation must be established only by explicit written agreement, and shall not arise by presumption, operation of law, conduct, silence, or administrative interpretation.

In good faith

Shall mean: Honest dealing characterised by genuine intention and the absence of any intent to deceive, mislead, or gain unconscionable advantage. It requires that any party communicate openly and transparently, assert no more than they honestly believe to be true, and respond to legitimate questions of fact, authority, or jurisdiction without evasion or unreasonable delay. It further requires full disclosure of any interest, motive, instruction, or relationship that might reasonably influence the position taken or the outcome sought, such that no party is left to deal with another while a material interest remains undisclosed or concealed. It further requires that no party invoke a legal right, statutory power, or procedural mechanism for a purpose other than that for which it was conferred, or in a manner designed to obtain an advantage that the other party would not have accepted had the true purpose or effect been disclosed.

The term does not require concession of any position, nor does it require waiver of any right. It requires only that all dealings be conducted honestly, transparently, and free of any hidden, undisclosed, or improperly motivated influence.

Interpretation

Shall mean: The understanding, meaning, and application of terms and expressions as defined in these TOR, which govern all usage in associated notices and communications.

Shall mean: The author retains all natural, common-law, and constitutional rights and does not waive or diminish any right unless expressly stated.

6. Travel, Road & Conveyance Terms

Traveller

Shall mean: A man or woman moving from place to place in private capacity, not for hire, reward, or commercial purpose.

Driver

Shall mean: A person engaged in the statutory activity of operating a motor vehicle as defined in road transport legislation.

Private Carriage

Shall mean: A conveyance, animal-drawn or self-propelled, used by a man or woman in private capacity for their own movement and effects, not for hire, reward, or commerce.

Transport

Shall mean: The conveyance of persons or goods undertaken as a business or organised activity for hire, reward, or commercial purpose.

Vehicle

Shall mean: A conveyance described or defined in statute for the purposes of regulating specific activities, the term applying only when used in the context of legislation or statutory citation.

Road

Shall mean: A public highway or publicly accessible way or thoroughfare used by the general public, and when used in statutory context, the term carries only the meaning assigned to it by the specific legislation being referenced.

7. Trust, Fiduciary & Relationship Terms

Fiduciary

Shall mean: A person or body holding a position of trust and owing a duty to act with honesty, good faith, and loyalty for the benefit of another, within the scope of the authority expressly granted to them.

Beneficiary

Shall mean: A man, woman, or person for whose benefit a fiduciary, trustee, agent, or public officer is required to act within the limits of the authority expressly granted to them.

Trustee

Shall mean: A person or body lawfully appointed to hold or manage property, powers, or responsibilities for the benefit of a beneficiary, according to the terms of a written trust, lawful instrument or appointment.

Office of Trustee

Shall mean: A legal office created by a trust instrument or by operation of law, carrying defined duties and powers for the administration of trust property for the benefit of a beneficiary. The office of trustee exists independently of any individual trustee, and no man, woman, or author shall be taken to hold, accept, or occupy such office except by explicit written appointment and express written consent.

Public Officer

Shall mean: A person holding an office established by written law or lawful appointment, authorised to exercise powers or perform functions strictly within the scope of that office.

Benefactor

Shall mean: A man, woman, or person who confers a benefit, gift, right, or advantage upon another, whether by grant, trust, or agreement.

Grantor

Shall mean: A person or body that conveys, transfers, or grants a right, interest, or authority to another under a written instrument or agreement.

Settlor

Shall mean: A person who establishes a trust by transferring property, rights, or responsibilities to a trustee under a written trust instrument, for the benefit of a beneficiary.

8. Application & Ambiguity

Application of These Terms

These Terms of Reference apply to all correspondence and responses unless the responder provides alternative definitions in writing; otherwise the responder is taken to accept these Terms.

Interpretation in Case of Ambiguity

In the event of any ambiguity, uncertainty, or conflict in terminology, the definitions contained in these Terms of Reference shall prevail, and any term not expressly defined herein shall take its ordinary English meaning.

/end

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