If the Queens role in the Constitution is entrenched who is the Queen of Australia?

The Queen’s role in relation to Australia is entrenched in the Constitution. Section 1 states that the Commonwealth Parliament consists of a House of Representatives, a Senate and the Queen. Under section 2, the Queen is empowered to appoint the Governor-General as her representative in the Commonwealth. Under section 61 the ‘executive’ power of the Read More …

Invisible Contracts.

“…the Constitution does not apply here.” That statement shocks most people up a wall — but it is an accurate and correct statement. The Judge will never tell you why, though. Of all of the different Judges that I know who have blurted out that statement, none of the criminal defendants have ever pressed the Read More …

Leaked email from Canada.

This came out of Canada Dear REMOVED, I want to provide you some very important information. I’m a committee member within the Liberal Party of Canada. I sit within several committee groups but the information I am providing is originating from the Strategic Planning committee (which is steered by the PMO). I need to start Read More …

United Nations ~ Compulsory vaccination violates the right to informed consent

Compulsory vaccination violates the right to informed consent, one of the most fundamental ethics in medicine and a human right recognized under international law, including the United Nations International Covenant on Civil and Political Rights of 1966, the Universal Declaration on Bioethics and Human Rights of 2005, the Convention on the Rights of Persons with Read More …

Property Rights.

The common law has long regarded a person’s property rights as fundamental. William Blackstone said in 1773: ‘There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property’.1 In the national consultation on ‘Rights and Responsibilities’, conducted by the Australian Human Rights Commission (AHRC) in 2014, Read More …

Constitutional Law ~ Power of Governor to enact amendments to statutes without the necessity of reserving the same for Royal assent

Constitutional Law–Colonial Legislature-Power of Governor to enact amendments to statutes without the necessity of reserving the same for Royal assent–Competence of colonial legislature to eliminate Crown as part of Parliament-“The Australian Constitutions “Act, 1842”-“The Australian Constitutions Act, 1850, The “Colonial Laws Validity Act, 1865″ Repugnancy to Imperial Acts -Statute–Construction–Statute Law Revision–The Statute ” Law Revision Read More …

Estoppel…

This paper is a comprehensive analysis of the barring of suits by cestuis que trust against their trustees for breach of trust. The defence of acquiescence is examined, with a specific focus on its meaning and constituent elements, after an analysis of the recent decision of the High Court of Australia in Byrnes v Kendle. Read More …

Unnecessary Causation.

The causation question and the suggested answer At common law the question of causation is fundamental. But, as is often acknowledged, the basic question of causation is not a question of law: it is commonly described, in a misleading expression, as ‘causation in fact’. The true causal question is not actually one of fact. It Read More …

Identity Theft tool Kit.

What is identity theft? Identity theft is when someone takes and uses your personal information such as name, address, date of birth or mother’s maiden name to commit theft. With enough personal information, thieves can: Withdraw money from your bank accounts, including by internet and over the phone. open new bank accounts in your name Read More …

Independent Investigation of Complaints against the Police

Police are granted powers by the state and it is the state’s responsibility to ensure that these powers are not abused. Police must be fully accountable for their every action when interacting with citizens. Police who abuse the trust of Victorians must be held accountable. Existing accountability mechanisms in Victoria have consistently failed to maintain Read More …

Police accountability

  Discriminatory policing What’s the problem ? Young people are often stopped and charged by police because of their colour, race or because they are from a family who are known to police, rather than because of their behaviour or a reasonable suspicion held by the police officer. Racial profiling Victoria saw a landmark legal case Read More …

Fines debacle ‘probably affects every agency in Victoria’ including police and all local councils

Six Victorian councils have now agreed to pay back parking fines which were unlawfully issued, but there are suspicions there are many more yet to come forward. Glen Eira, Port Phillip and Stonnington councils have agreed to pay back thousands of parking fines, totalling almost $20 million, which were illegally reviewed by external contractors between Read More …

Can you afford $5 a Month?

Can you afford $5 a month to support the researchers here at Constitution Watch to bring you more great content on a daily Basis? For the cost of a cup of coffee a month you can help us concentrate on what we need to do, bring you the truth wth more exceptional content not found Read More …

Magistrates Court ~ Form 13 ~ Witness Summons & Production of Documents ~ Criminal Jurisdiction.

From the Constitution Watch Archives Vault, the extremely hard to find Form 13 witness summons and production of documents in criminal jurisdiction, this document has been deleted from the Magistrates Court Forms ~ Could it be possible this administrative court want to provide an uneven playing field for those seeking justice in Criminal Jurisdiction within Read More …

Does the Constitution empower the Parliament to enact a Communist Style Social Credit System?

The author made enquiry to seek if the Constitution held a secret power to empower the Australian Government to write laws to create a social credit system similar to communist China. It appears the power fails to exist within section 51 and this conformation allows the reader to conclude there is no power to compel Read More …

Police Powers NSW

The following information may help you to understand the powers and what rights and responsibilities you have in different situations. A police officer may use as much force as is necessary to arrest you. Unreasonable force is an assault. After arrest, a police officer may handcuff you if for example you attempt to escape or the Read More …

Office of Person

Under the rule of construction “expressio unius est exclusio alterius,” where a statute or Constitution enumerates the things on which it is to operate or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned. Generally words in a statute should be given their plain and Read More …

Person Definitions

 ‘Person’ Bible quotes; in alphabetical order. Acts 10:34 “Then Peter opened his mouth, and said, Of a trueth I perceiueth, God is no respecter of persons:” Deuteronomy 10:17 “For the LORD your God is God of gods, and Lord of lords, a great God, a mighty, and a terrible, which regardeth not persons, nor taketh Read More …

Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020

A troubling Bill allowing foreign forces to enter Australia and hold zero liability for their actions.   Summary Amends the: Defence Act 1903 to: streamline the process for calling out members of the Australian Defence Force (ADF) Reserves, including for the purposes of responding to natural disasters or emergencies; and provide ADF members,other Defence personnel Read More …

THE MEANING OF CONSTITUTIONAL SUPREMACY

THE MEANING OF CONSTITUTIONAL SUPREMACY Under this doctrine, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the Read More …

Adelaide man gets off red-light camera fine because no-one tested cars going through it on red

By Eugene Boisvert The red-light camera was last tested on February 26 but not with cars going through a red light.(File: ABC News) Share An Adelaide man has had a red-light camera fine overturned because it was never tested while cars were going through the intersection on a red light. Key points: David Woolmer’s car Read More …

Has there been legal transfer of the Prerogative power of Assent to the Queen of Australia? FOI-15-094

The author attempted to establish if the powers of assent found in section 58 of the Commonwealth Constitution had been officially delegated from the Queen in the Sovereignty of the United Kingdom to an alternate non statutory corporation sole known as the Queen of Australia. The Attorney Generals Department failed to supply the transfer of Read More …

Criminal proceedings 101 ~ from beginning to end

1. Arrest​: ​Valid arrests must be based on ​probable cause.​ A reasonable belief that a certain set of facts which rises to the level of a threat to life or property are true. Must be based entered into the court record via sworn statement. ​(REMEMBER – no sworn statement of probable cause, even in a Read More …

A masked defence in Victoria?

If a Department provides incorrect information to members of the public in times of crisis how can one be made responsible for the mis-management of information issued by that Government? The below information release from the Department of Health and Human Services and Victorian State Government provides 10 ways to reduce the Corona Virus and Read More …

Criminal Code 1995 ~ Do you have a Political Right to Protest?

80.2A   Urging violence against groups Offences              (1)  A person (the first person ) commits an offence if:                       (a)  the first person intentionally urges another person, or a group, to use force or violence against a group (the targeted group ); and                      (b)  the first person does so intending that force or violence will occur; and                      Read More …

ROGUE AGENCIES ~ Government’s approach to FOI ‘undermines’ transparency.

Government’s approach to FOI ‘undermines’ transparency: former ombudsman By David Crowe October 24, 2019 — 12.01am 10 View all comments The Morrison government has been accused of breaching disclosure laws by scaling back the peak agency which oversees the release of information amid a growing row over public sector secrecy. Former Commonwealth ombudsman John McMillan said Read More …

FOI ~ Can Victorian Premier ~ ‘Daniel Andrews’ ~ Do business with Sovereign Nations ~ Specifically China?

  Explanatory Memorandum: The author wrote to the department of Foreign Affairs on August 8th 2020 to confirm if Daniel Andrews has the ability to do deals with China, specifically the Belt & Road Initiative. The department of Foreign Affairs then transferred the request to the Attorney Generals Office for processing and this was acknowledged on Read More …

Are the Chief Health Officers Directives relying on the Health and Wellbeing Act for validity Inconsistent with Commonwealth Law?

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 109 Inconsistency of laws When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.           Are the Chief Health Officers Directives relying on the Read More …