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Holding Position on ‘All Rights Reserved’ signature Australian passport
Hi Group!
About a month ago I applied for a renewal for an Australian passport. I tried to book in a time to go into the office but it didn’t seem that is an option anymore (here in Brisbane anyway) so with my application was sent in a certified copy of my driver licence and a couple of credit cards showing my ‘All rights reserved’ signature.
The passport office emailed to say that I needed to resubmit my signature stating “Unfortunately the signature provided does not meet our requirements. Please do not include “All Rights Reserved””.
I called the passport officer and asked if he had received my evidence showing that this is my signature. He confirmed he had. I asked is it not fraud to change my signature? I then told him I wanted the signature on my passport to be as had been supplied. He said he would talk to his superiors and get back to me.
A few days later another email came, from the same passport officer, saying the following: “I have done some investigating and determined that for the purposes of issuing a passport, the signature provided in your application is not acceptable. if you can provide the below information, we can finalise the application and issue your passport.”
It went on to say further: “*As we have confirmed your identity with the documents provided in your application, providing an amended signature for the purposes of issuing a passport is acceptable*”.
I called the passport officer and repeated the same as in our first conversation. He must have referred to some legislation giving them authority to direct which signatures are acceptable, because I asked him if he agreed that I was a man (which he did) and then I asked him to provide evidence of how that legislation applied to me.
The next day I received the following email from the same passport officer:
“Good morning John,
As discussed in our call yesterday, please see below information.
https://www.dfat.gov.au/about-us/publications/corporate/passports/compass/policy
The link above from the Dept. of Foreign Affairs and Trade (DFAT) website, outlines federal legislation and policy that we here at the APO operate under. Under the heading “Name on Australian travel document” it states the following:
Under subsection 53(4) of the Passports Act, the Minister (or an appropriate delegate) may also refuse a name or signature that is unacceptable, inappropriate or offensive.
It then goes on to list what is deemed unacceptable, including “phrases or symbols such as “all rights reserved”, “signed on behalf of”, trademark ™ or copyright ©”.
Furthermore, subsection 5(b) of the Australian Passports Act states that the act extends “to all persons, irrespective of their nationality or citizenship”.
For the purposes of issuing a passport, the above information is what leads us to not accept your current signature.
If after reviewing the above information you wish to proceed, please complete the previous request in the email below, and we will finalise this application for you.
If you do not wish to proceed with the application via the below request, please confirm by reply email.”
Here was my email reply, send 3 days later:
“Thank you for your email.
I noticed that in your reply you didn’t respond to my request in our phone conversation on Tuesday, 9th August 2022 to provide evidence of how the Australian Passports Act 2005 applies to me as a man (a reminder that you agreed with me in our phone conversation on Tuesday, 9th August 2022 that I am a man.). I’m assuming your understanding is that a ‘person’ is a man. If so, you might want to consult with your superiors.
After consulting with 70 lawyers, none of them has found that legislation applies to living men and women. Maybe you have evidence to the contrary? If you do, I need to see it immediately. (Cruden versus Neale: “Every man is independent of all laws except those prescribed by nature. He is not bound by any institution formed by his fellow men without his consent.” US SC 1796.)
Are you not required to adhere to the Department of Foreign Affairs Values and Code of Conduct? (see https://www.dfat.gov.au/about-<wbr>us/publications/corporate/<wbr>ethics-integrity-and-<wbr>professional-standards-policy-<wbr>manual/chapter-3-values-and-<wbr>codes-of-conduct) Do not these values include being impartial, accountable, honest, ethical and to not provide false or misleading information? Will you be adhering to your Code of Conduct? If not, it is important that I warn you that any and all breaches of these values and codes of conduct in the matter of my Australian passport application, I will be lodging a formal complaint, with an accompanying affidavit, with your immediate superior, and with also the following:
Ms. Bridget Brill (Executive Director, Australian Passports Office)
Jan Adams AO PSM (Secretary of the Department of Foreign Affairs and Trade)
Your indemnity insurance provider
Luke Howarth MP (Local Member for Parliament)
Commonwealth Ombudsman
David John Hurley, AC, DSC, FTSE (Governor General)I give this as a warning as I want to make sure that you avoid doing any harm to yourself.
I’m also concerned about your request to have me alter my signature. As acknowledged by yourself in our first phone conversation on Friday, 5th August 2022, you received certified copies of my QLD drivers licence and two bank cards with proof of my signature. All three signatures are identical and is the same signature that was submitted with my current Australian passport application. Is not altering a signature fraud? Is not fraud a federal offence? Is not asking me to commit fraud make you complicit in the fraud? The maximum penalty for such an offence (section 134.2(1) of the Criminal Code) is 10 years’ imprisonment.
In our two phone conversations (Friday 5th August 2022, and Tuesday 9th August 2022) I did not consent to changing my signature. This is your third (and final) notice that I do not consent to changing my signature. Is not forcing me to do so without my consent harassment and a breach of my peace? Are these not punishable federal offences?
Even so, I would consider complying, under duress, with your request if you sign the attached liability waiver claiming all responsibility for any harm or damages which might result from me accepting your offer to alter my signature.
Is not the Department of Foreign Affairs and Trade required to abide by all federal acts? Are there any federal acts which the Department of Foreign Affairs and Trade are not subject to? Are there any international treaties signed into by Australia that the Department of Foreign Affairs and Trade are not subject to?
You have mentioned in your emails and in our phone conversations that the only issue blocking the approval of my Australian passport application is my signature. Please be aware that if this issue is not resolved within a reasonable timeframe and I am not successful in the application for an Australian passport, will this not infringe on my inherent right of the freedom of movement? Will this not be a breach of the common law, the Australian Constitution (s.92), and International law & treaties signed into by Australia (Universal Declaration of Human Rights, Article 13, section 2)? Will this not also be a breach of my peace which is a federal offence, and as such would require me to invoke the office of the Commonwealth Public Official? As such it would be my duty to report these offences to the Commonwealth and to those previously listed as recipients of my formal complaint.I’m hoping you understand the severity of this issue. It is my hope that I not be harmed, and also that you do not harm yourself.
This is your first notice. You have until 2nd September to respond.
Yours sincerely,
John Lagoudakis
Note: All mentions of ‘you’, ‘your’, or ‘yourself’ in this email are in reference to Daniel, the Passport Case Officer who has been in correspondence with me (John Lagoudakis) in these emails and phone calls in relation to this Australian passport application. All mentions of ‘I’, ‘my’ or ‘me’ in this email are in reference to John Lagoudakis.”
After waiting almost 3 weeks, they just emailed me this response:
“Dear Mr Lagoudakis
I refer to your application number BP33867OP dated 06 June 2022.
After careful consideration of your request, as a delegate under section 53(4) of the Passports Act 2005 (the Act), I have decided that the signature on your application would be inappropriate to appear in an Australian passport. The signature has the potential to result in the holder being refused entry into a foreign country.
The decision to refuse a signature if reviewable under section 48(ha) of the Act. You may apply in writing for an internal review of the decision in accordance with section 49 of the Act. The Act requires the Department of Foreign Affairs and Trade (DFAT) to undertake an internal review of a decision before you can apply for a review by the Administrative Appeals Tribunal. Your application for review must be made within 28 days after you receive this notice and must set out your reasons for making the application.
Yours sincerely,
Delegate of the Minister
Australian Passport Office
BrisbaneNOTICE OF RIGHTS OF REVIEW
1. You may apply in writing for an internal review of the decision in accordance with section 49 of the Act. The Act requires DFAT to undertake an internal review of a decision before you can apply for review by the Administrative Appeals Tribunal.
2. You are not required to pay any fees for an internal review of the decision.
3. The Minister for Foreign Affairs has delegated her power to review decisions of this kind to the Assistant Secretary, Passport Client Services Branch, DFAT. This officer has had no part in the original decision and has the power to affirm, vary or set aside and substitute a new decision for the original decision.
4. Your application for review must be made within 28 days after you receive this notice and must set out your reasons for making the application. Applications should be sent by mail or email to:
Assistant Secretary
Passport Client Services Branch
Department of Foreign Affairs and Trade
R G Casey Building
John McEwen Crescent
BARTON ACT 0221
passports_bau@dfat.gov.au“What would be the approach from here to hold my position and get this matter over the line? Preferably a response from someone who has had this issue and achieved a successful result 🙂
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20 Replies
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Hi John
I need to renew my passport .
As you have done the first steps going through hard times. Wondering, do you sign the normal signature which was always used, or is it a new signature?
next to “All rights reserved”
Any other information I need to sign up?
In victoria, you get one page of all fields are marked just need to sign.
Thank you
Debbie
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Hi Debbie, you replied to my post so John might not see this.
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Sorry .Thank You
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Having the same problem but I wish to query the approach being based on “it’s my usual signature”.
Why is it not correct to challenge on the basis that nothing can prevent a man reserving his rights.
OR is there ??
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They have regulations that say you cannot add or take from your normal signature so it is just easier to take the path of least resistance and use it as your normal signature. You can fill out a statutory declaration to that effect and have a JP witness it. Make sure you sign all your documents and cards that way from now on. Get a statutory declaration and have a jp witness it saying that you have changed your signature. The frontline workers are just gatekeepers and box tickers, if you can help them tick the appropriate boxes they will give you what you want, they don’t really understand your rights or how the system really works. Or you can battle with them and have your application refused, requiring you to complete a three step notice to their superiors and maybe a battle in court. The choice is yours.
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Here’s some more ideas
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I sent my renewal application signed ARR – they phoned me but in the end , they just adulterated the signature by removing the ARR. I emailed about that – no response.
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Hi tasman
Any news regarding your signature?
Did you write next to your normal signature ARR and on the photo?
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No – I did it to fit in the box in 2 rows ie with Sig first and ARR under it.
They just removed the ARR so at least I have a passport
A good idea is to overlap a little but I doubt they will process it.
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This reply was modified 1 year, 11 months ago by tasman. Reason: fix dropped word from this useless editor
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Thank you
Sad to hear they took it off
I signed up in one line first ARR followed by signature I also have a statutory Declaration change of signature sending
tomorrow see what happens
Thank you
Debbie
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This reply was modified 1 year, 11 months ago by
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Any success?
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Hello everyone.
I am about to apply for a passport renewal. Did anyone have any success at getting there ‘All Rights Reserved’ Signature on their passport?
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Here’s an idea that may help.
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Hi
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Dear Debrah,
Decision on unacceptable signature
I am a delegate of the Minister for Foreign Affairs and may refuse an unacceptable, inappropriate or offensive name or signature in accordance with subsection 53(4) of the Australian Passports Act 2005 (the Act).
After careful consideration, I have determined that the signature you provided is not acceptable to appear on an Australian travel document.
In making this decision, I considered the examples of unacceptable, inappropriate or offensive names or signatures set out in the Australian Passport Office unacceptable names or signatures policy, available here:
https://www.dfat.gov.au/about-us/publications/corporate/passports/compass/policy.
This policy prevents the use of a name or signature that does not comply with international standards, could impact the reputation of, or cause embarrassment for, the holder or the Commonwealth of Australia, or that may result in the holder being refused entry to a foreign country.
Your options
Your application will remain on hold for 28 days from the date of this letter. Within that time, you may pursue one of the following options:
1. provide an Australian Passport Office compliant signature by lodging a photo and signature form (attached) at your nearest Australia Post outlet accredited to conduct passport interviews; or
2. email your request in writing to Brisbane.passport@dfat.gov.au seeking to withdraw your application and requesting a refund of your passport application fee(s) by completing the attached B11 form; or
3. apply in writing for an internal review of the above decision (please read the Notice of Rights of Review below).
If you do not pursue one of the above options within 28 days from the date of this email, your application will be withdrawn and your application fee(s) refunded.
If you wish to discuss these options, please contact Sarah via email at Brisbane.passport@dfat.gov.au or on 07 3234 7716.
NOTICE OF RIGHTS OF REVIEW
- You may apply in writing to the Department of Foreign Affairs (DFAT) for an internal review of this/these decision(s) in accordance with section 49 of the Australian Passports Act 2005 (the Act).
- Under section 50 of the Act DFAT must undertake an internal review of a decision before you can apply for a review by the Administrative Appeals Tribunal.
3. You are not required to pay any fees for an internal review of a decision.
5. Your application for review must be made within 28 days after you receive this notice and must set out your reasons for making the application.
6. You can send us your application by mail or by email.
Our mail address is:
APO Reviews
Australian Passport Office
Department of Foreign Affairs and Trade
R G Casey Building
John McEwen Crescent
BARTON ACT 0221
Our email address is:
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Hi
I sent it off 5 weeks ago .
A week later they phoned and asked for new photos. So I thought that is fine
I will get my passport. ( by the way, they called me up by phone privet around 6 pm Vic time)
Today they called me up from Brisbane, very strangely I asked her who are they ? she said
National Service. I said that is strange sounds like you are working with a corporation based
overseas. She said it’s a federal service working all over Australia, not the estate.
She wanted my details I said I would like her to send me an email and I will return back.
Brisbane, I know all offices are corrupted high level.
I sent them a letter of change of signature.
My question is if they do not agree To ARR+signature, can I use another passport I have? To stay
as a permanent resident since the overseas passport is no different than others from Disneyland?
Can I give it back to them I was born in Aussi land.
As soon as I get the email I will let you know
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I’m sorry I don’t know. Maybe another member can help you with this?
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Hi, Janet Dont know if you got this. This is the answer I receive received from them Dear Debrah,
Decision on unacceptable signature
I am a delegate of the Minister for Foreign Affairs and may refuse an unacceptable, inappropriate or offensive name or signature in accordance with subsection 53(4) of the Australian Passports Act 2005 (the Act).
After careful consideration, I have determined that the signature you provided is not acceptable to appear on an Australian travel document.
In making this decision, I considered the examples of unacceptable, inappropriate or offensive names or signatures set out in the Australian Passport Office unacceptable names or signatures policy, available here:
https://www.dfat.gov.au/about-us/publications/corporate/passports/compass/policy.
This policy prevents the use of a name or signature that does not comply with international standards, could impact the reputation of, or cause embarrassment for, the holder or the Commonwealth of Australia, or that may result in the holder being refused entry to a foreign country.
Your options
Your application will remain on hold for 28 days from the date of this letter. Within that time, you may pursue one of the following options:
1. provide an Australian Passport Office compliant signature by lodging a photo and signature form (attached) at your nearest Australia Post outlet accredited to conduct passport interviews; or
2. email your request in writing to Brisbane.passport@dfat.gov.au seeking to withdraw your application and requesting a refund of your passport application fee(s) by completing the attached B11 form; or
3. apply in writing for an internal review of the above decision (please read the Notice of Rights of Review below).
If you do not pursue one of the above options within 28 days from the date of this email, your application will be withdrawn and your application fee(s) refunded.
If you wish to discuss these options, please contact Sarah via email at Brisbane.passport@dfat.gov.au or on 07 3234 7716.
NOTICE OF RIGHTS OF REVIEW
- You may apply in writing to the Department of Foreign Affairs (DFAT) for an internal review of this/these decision(s) in accordance with section 49 of the Australian Passports Act 2005 (the Act).
- Under section 50 of the Act DFAT must undertake an internal review of a decision before you can apply for a review by the Administrative Appeals Tribunal.
3. You are not required to pay any fees for an internal review of a decision.
5. Your application for review must be made within 28 days after you receive this notice and must set out your reasons for making the application.
6. You can send us your application by mail or by email.
Our mail address is:
APO Reviews
Australian Passport Office
Department of Foreign Affairs and Trade
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