If you can see through the illusion, you are part of the solution
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MATILDA BAWDEN OCT 12, 2026 Since publishing my Substacks, and my recent appearance on Cafe Locked Out, I have been inundated with requests for us to become much more pro-active about finding solutions to the obvious injustices people encounter daily – from public health, child protection and adult guardianship, to tribunals, courts and beyond. The Read More …
Within the pages of the famous Engineers’ Case (1920) 28 CLR 129, The High Court explained that the Constitution was established by the Imperial Act 63 & 64 Vict c 12, and that the Crown was “one and indivisible”. The Court then made the crucial observation that the Constitution Act was enacted for the purpose of Read More …
Constitution Watch has received enquiries from its readers to confirm the historical journey of Australia and the Dominions so as to set the record straight on misinformation circulating online. The central proposition advanced in various documents is that Australia’s participation in the Treaty of Versailles and the League of Nations in 1919 ~ 1920 somehow Read More …
For thousands of Western Australian motorists, a camera designed to make roads safer has instead become a source of anxiety, financial pressure and questions about basic fairness. Since the introduction of AI-assisted road safety cameras in October last year, more than 81,000 seatbelt-related infringements have been issued in Western Australia. Many carry a $550 fine Read More …
The Commonwealth Constitution does not contain an express provision declaring that every person has a general right to freedom of speech. There is no simple constitutional statement that Parliament shall not make laws restricting freedom of expression. Nevertheless, Commonwealth constitutional law recognises a freedom of communication about governmental and political matters. The freedom arises from Read More …
Who may use the Court? To become Parties to a contentious case before the Court, States must both have access to the Court and accept its jurisdiction: Access to the Court is granted to all States that are Parties to the Statute of the Court (Article 35(1) of the Statute of the Court). All Members of Read More …
Two claims keep circulating about the founding of the Commonwealth. The first says the Crown answers to no one, because a clause binding it to the Constitution was quietly dropped before the document became law. The second says the Constitution itself is invalid, because the people voted on a draft that Parliament later changed before Read More …
Past commentary concerning the change in royal symbolism from the reign of Monarch’s prior to Queen Elizabeth II to that of King Charles III has suggested that the adoption of different crown imagery carries a deeper hidden meaning. Particular emphasis has been placed on the difference between the St Edward’s Crown used during Elizabeth II’s Read More …
The Australian Constitution grants the Commonwealth Parliament limited legislative powers. Among those powers is s 51(xx), which authorises Parliament to make laws with respect to “foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth.” For more than a century, that provision has evolved from a comparatively narrow grant of legislative Read More …
Western Australia’s entry into the Australian Commonwealth occurred at a critical stage in the Federation process. Unlike the eastern colonies, which had participated in the constitutional conventions and had approved the Constitution Bill through referendums in 1898 and 1899, Western Australia joined the process only after the draft Constitution had already been settled and transmitted Read More …
When the Commonwealth of Australia Constitution Act 1900 was enacted by the Imperial Parliament, the final text differed in a number of respects from the draft approved by the Australian colonies. One of the less publicly discussed changes was the removal of the words contained in the original Covering Clause 2: . “This Act shall Read More …
The battlefield has always been a place where chaos threatens to overpower humanity. Throughout history, soldiers marched under banners of victory, yet civilians, prisoners, and the wounded often paid the highest price. Before the nineteenth century, the rules of war were largely unwritten, depending more on military custom than on legal obligation. Then, during the Read More …
In international humanitarian law, hors de combat is a term that sits at the intersection of precision and restraint. It is not a label for who someone “is,” but a description of what, in a moment of conflict, someone has become: a person who is no longer able to take part in hostilities and therefore Read More …
What is the myth of the Belligerent? Our readers have again asked us to explain the legal meanings of the terms belligerent and combatant. One of the more misleading themes found throughout the “Papers” and promoted by influencers is the repeated use of the word “belligerent” as though it applies to the entire civilian population Read More …
“The Truth Shall Set You Free!” Our readers have overwhelmingly reached out seeking clarity on a range of subjects and claims that continue to circulate in Australia. One recurring claim found in various “papers” and promoted by some influencers is that Australia somehow became a United Nations “Trust Territory” following the introduction of the Nationality Read More …
A recurring misconception in public debate in Australia is that any individual who believes they have suffered an injustice can take their case directly to the world’s highest international courts. In reality, neither the International Court of Justice (ICJ) nor the International Criminal Court (ICC) operates in that way. The International Court of Justice, based Read More …
A proposed amendment to New South Wales public health legislation has reignited debate over Australia’s childhood vaccination policies, with Libertarian MLC John Ruddick preparing to introduce a Bill aimed at dismantling the state’s “No Jab, No Play” framework. The legislation would seek to overturn rules that prevent unvaccinated children from attending childcare services, a policy Read More …
In a courtroom in Canberra, the most important legal battles in Australia are not always the ones that are heard, but the ones that are never allowed in. The High Court of Australia sits at the peak of the nation’s legal system, delivering decisions that shape everything from constitutional boundaries to everyday rights. But as Read More …
In a nation often described as politically stable and constitutionally conservative, a profound shift has taken place, one not marked by revolution or sweeping declarations, but by legal reasoning, referenda, and the gradual development of democratic practice. At the heart of it lies a deceptively simple question: who truly holds sovereign power in Australia? For Read More …
The decision in Gibbons v Wright remains a cornerstone of Australian law on contractual capacity. The High Court rejected the notion that legal capacity is a fixed, binary state and instead articulated what has become known as the “relative capacity” principle. As explained by Owen Dixon, a person’s ability to enter into a legal transaction Read More …
A review by the New South Wales Ombudsman has highlighted an important but often overlooked obligation of police officers: when exercising certain powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA), officers are legally required to provide their name and place of duty. The Ombudsman report below, “Did police provide their name and Read More …
Every five minutes in Australia’s electricity market, prices are recalculated. Power generators submit bids. Supply and demand are matched. Increasingly, this process is shaped not just by human traders but by algorithms. In its 2021 article in the UNSW Law Journal, “Algorithmic Collusion and Australian Competition Law” explores how pricing software and artificial intelligence are Read More …
Breaking News! The Federal Court today struck down the six month police search powers should be a wake up call, not just for police, but for the politicians who enabled them. The Parliament of Victoria, in enacting laws that allowed such sweeping powers, crossed a line from governance into human rights abuse. The Read More …
Constitution Watch has received many enquiries about the reservation of Bills. This little known process is often misunderstood, leading to guesswork. Below, we examine the reservation process in sections 58 and 60 of the Commonwealth of Australia Constitution Act 1900. Section 58 above provides the mechanism of Royal Assent, the Governor General when Read More …
The modern law of judicial review has spent decades insisting on a simple proposition: certiorari and appeal perform different constitutional functions. Yet applications continue to fail because that distinction is overlooked or deliberately blurred by litigants seeking a more favourable pathway to relief. Since Craig v South Australia, the High Court has drawn a firm line Read More …
This story is dedicated to the People of Norfolk Island in their struggle of Self Determination against outside forces. On 1 January 2026, the people of Norfolk Island exercised what they assert is their inherent right to responsible government, marking a significant moment in a long and contested political struggle. For many islanders, this election Read More …
The Fiction of Authority For centuries, the concept of sovereignty has stood as a foundational principle of political thought and legal order. It is the idea that a state or governing authority possesses the ultimate, unquestioned power over its territory and the people within it. But beneath this veneer of authority lies a profound question: Read More …
In the intricate landscape of Australian constitutional law, the principles established in the 1996 High Court case of Kable v Director of Public Prosecutions (NSW) stand as a cornerstone for safeguarding judicial independence within the states. An article from the Melbourne University Law Review sheds new light on these principles, exploring their ongoing relevance and Read More …
False arrest, or wrongful arrest, occurs when a person is taken into custody without probable cause or without following proper legal procedures. It happens when police lack reasonable grounds to suspect a person has committed an offence and can be a result of mistaken identity, a mere hunch, or an administrative error. In many jurisdictions, Read More …
For the next 182 days from this Sunday 30 November 2025 until 29 May 2026 every single person who walks, rides, drives or catches a train through central Melbourne (See below) will be presumed suspicious enough to be searched for weapons. No crime needs to have been committed. No intelligence briefing needs to be shown Read More …
Imagine waking up one day to find that your very existence, your ability to buy groceries, board a train, or even log into your email hinges on a single, unblinking digital key. Not a physical lock you can pick or smash, but an invisible chain woven from algorithms, biometrics, and government databases. This isn’t dystopian Read More …
In recent years, Victoria has taken bold steps toward recognising Aboriginal sovereignty within the state through the establishment of the First Peoples’ Assembly and the enactment of the Statewide Treaty Act 2025. The legislation empowers the Assembly to negotiate both statewide and local treaties with the Victorian government, to advise on policy and legislative initiatives, Read More …
The Victorian Civil and Administrative Tribunal has consolidated its procedural guidance in Practice Note PNVCAT1 ~ Common Procedures, a foundational document setting out how most matters before the Tribunal are to be managed, from lodgement to hearing and decision. This Practice Note is designed to ensure fairness, transparency, and efficiency in all VCAT proceedings, regardless Read More …
From March 2 to March 12, 1891, representatives from the six self governing Australian colonies and New Zealand gathered in Sydney for the Australasian Federation Conference, a pivotal event in the movement towards the creation of the Commonwealth of Australia. Convened by New South Wales Premier Sir Henry Parkes, often called the “Father of Federation,” Read More …
This post is to provide clarity on the enactment of the Australia Act 1986(Cth), many people lay claim the Queen provided her assent (Personally signed) the Australia Act. This is a misinterpretation of historical facts, the Queen did not provide her personal assent to the Australia Act 1986(Cth), nor did Bob Hawke assent to the Read More …
As governments worldwide promote vaccination to protect public health, questions often arise. Can authorities forcibly vaccinate individuals? And what does the law actually permit? While landmark cases like Jacobson v. Massachusetts(1905) provide a foundation, the legal landscape is nuanced balancing public safety with individual rights. In Jacobson v. Massachusetts, the U.S. Supreme Court upheld Massachusetts’ Read More …
A significant reform introduced by the New South Wales Government to rebrand Local Court magistrates as “judges” remains without a clear commencement date, despite strong public announcements and the Bill having been introduced to Parliament in September 2025. The Local Court and Bail Legislation Amendment Bill 2025 seeks to modernise judicial titles within Australia’s busiest Read More …
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In a world increasingly defined by creeping authoritarianism under the guise of “global cooperation,” a lone voice has emerged with clarity and courage. That voice belongs to Argentina’s President Javier Milei, who recently addressed the United Nations with a speech that shattered the usual scripted diplomacy and called out, by name and ideology, the institutions Read More …
The Australasian Federation Conference of 1890, held in Melbourne from February 6 to 14, marked the first formal political step toward uniting the six Australian colonies and New Zealand under a federated system. While the conference itself was limited to delegates from government circles, it played out against a backdrop of intense public scrutiny and Read More …
Digital Rights Watch (DRW) responded critically to the Productivity Commission’s interim report on digital tech and data, warning that the report underestimates the risks to privacy, autonomy, and human rights. DRW challenges the optimism around AI and tech-led innovation, calling for stronger safeguards against surveillance, corporate overreach, and biased decision-making systems. They urge the Commission Read More …
In a quietly significant ruling, the NSW Supreme Court has handed a lifeline to self-represented litigants battling traffic fines and bureaucratic stonewalling. In Vassallo v Commissioner of Fines Administration [2024] NSWSC 1558, the court overturned the Commissioner’s refusal to review a speeding fine exposing systemic flaws in how government agencies handle challenges from ordinary people. Read More …
The Shrine of Remembrance in Melbourne, one of Australia’s most sacred war memorials, is showing visible signs of neglect raising urgent questions about the leadership of its governing body and whether it is failing in its legal and moral responsibilities to the public. During a recent visit to the Shrine, signs of decay and disrepair Read More …
STATUTE OF WESTMINSTER ADOPTION BILL 1937 Second Reading Mr MENZIES: AttorneyGeneral · Kooyong · UAP – I move – That the bill now read a second time. This measure provides for the adoption of sections 2, 3, 4, 5 and 6 of the Statute of Westminster 1931. It is desirable that I should refer, as Read More …
The question of whether the Australian Government can legally eliminate physical money such as coins and banknotes is more complex than it appears. At the heart of the issue lies Section 51(xii) of the Australian Constitution, which gives the Commonwealth Parliament the power to make laws with respect to “currency, coinage, and legal tender.” This provision has Read More …
The Palace Letters and the 1975 Coup Australia’s High Court has ruled that the correspondence between Queen Elizabeth II and Governor-General Sir John Kerr is not the Queen’s private property but belongs to the public record. This decision unlocks the release of the so-called “Palace Letters” from 1975, the year Prime Minister Gough Whitlam was Read More …
The ACLU’s 2013 report You Are Being Tracked presents a detailed examination of how law enforcement agencies across the United States have increasingly adopted automatic license plate readers (ALPRs) to collect vast amounts of location data on millions of drivers often without meaningful oversight, regulation, or public awareness. ALPRs are high speed cameras that capture Read More …
Constitution Watch wishes to congratulate the diplomats of the newly established Western Australian Embassy for the Province of Southern Australia. The Wurruwarrin Embassy, established on 30 July 2025, is a sovereign and spiritual entity founded under the authority of Grandmother Sandy Ross, the Head of State and Custodian of the Wurruwarrin. Though physically located in Read More …
When tolls are legitimately charged, they are traditionally seen as user-pays fees intended to recover the cost of building and maintaining infrastructure. This is a form of cost recovery, not strictly a “tax” in the conventional sense, though it functions similarly. Although the States have some power to levy fees to pay for public services Read More …
Betfair Pty Ltd v Western Australia (2008) was a significant case decided by the High Court of Australia that dealt with the interpretation of Section 92 of the Australian Constitution, which guarantees the freedom of interstate trade, commerce, and intercourse. In this case, Betfair, a company that operated an online betting exchange, challenged Western Australian Read More …
The Solemn League and Covenant of the People of the Commonwealth of Australia (Parchment Edition) is a formal declaration rooted in historical covenants such as the Scottish National Covenant of 1638 and the Ulster Covenant of 1912. Drawing authority from the Commonwealth of Australia Constitution Act 1900 (Imp.), it asserts that sovereignty ultimately resides with Read More …
Let it be known on this day, Tuesday 13th day of May 2025 the Province of South Australia was reestablished by the Wurruwarrin Private Members Association of 1835.
There is a growing push to introduce a tax on unrealised gains, taxing Australians not on money they’ve earned, but on paper increases in the value of their assets. At first glance, this might sound like a progressive tax reform. But look closer, and it becomes clear, this is not just flawed policy, it’s economic Read More …
Over a 3 year battle, Paul Rekaris & Dr Julie Sladden have battled to expose hard truths behind Australia’s vaccine safety oversight. The TGA had denied accountability documents existed, until they didn’t. The battle continues . A three-year battle under the Freedom of Information (FOI) Act has pulled back the curtain on a troubling contradiction Read More …
The Landowner Guide to Site Value Objection is a document created to help Queensland landowners understand their rights and responsibilities when it comes to objecting to the site value assigned to their non-rural property by the Valuer-General. The site value is a statutory valuation used for calculating local government rates and other land-related charges. The Read More …
Prior to 1953 the Monarch’s role in the British Empire was ‘indivisible’ meaning there was but one Monarch over all of the British realms (Australia, New Zealand, Canada etc). Since that time in 1952, the British realms at an economical conference in London decided to divide the Monarch’s Crown into localised Crowns, (Queen of Australia, Read More …
On 20 April 2020, an FOI request was submitted to the Department of Home Affairs under the Freedom of Information Act 1982 (FOI Act). The applicant sought access to documentation showing that Minister Peter Dutton made and subscribed to the Oath or Affirmation of Allegiance as required by Section 42 of the Australian Constitution. The Read More …
Documentary hearsay refers to written or recorded statements made outside of court that are presented as evidence to prove the truth of what they assert. In essence, it is a subset of the broader hearsay rule, which excludes statements made by a person who is not present to testify and be cross examined. The core Read More …
The following was provided by NSW Police under Freedom of Information: NSW Police Force is not a legal entity but is a collection of persons either appointed to statutory office or employed in the service of the Crown for the performance of the agency’s functions when the agency engages in legal relationships, such as procurement, Read More …
The Guide to Judicial Conduct is a set of ethical principles and guidelines that outline the expected conduct of judges in common law jurisdictions, including Australia. The guide is designed to help ensure that judges adhere to the highest standards of professionalism, integrity, and impartiality in their decision-making and judicial responsibilities. It provides a framework Read More …
Currently there is a lot of confusion surrounding the Digital I.D. and if it is compulsory to have one. The Digital I.D. is VOLUNTARY and businesses and government agencies must provide alternate ways for you to access their services such as traditional methods of providing identification. Section 74 of the Digital I.D. Act provides the following. Read More …
MEDIA RELEASE – 25th March, 2025 Calls for the complete dismantling of the State’s guardianship system and the transfer of family guardianship matters to higher courts continue to grow following a disturbing case of persecution against an 80-year-old non-English-speaking, Italian mother, Mrs. “Mari”, and her daughter “Rosie” by the Office of Ageing Well (OAW). This follows Read More …
The Sixty-Fifth Report of the Law Reform Committee of South Australia, relating to the inherited imperial law regarding the Crown, offers an analysis of various statutes that govern the Crown’s rights and prerogatives. The report specifically addresses the relationship between the Crown, the state, and legal procedures, highlighting statutes inherited from English imperial law that Read More …
The human right to water is the right of every individual to have access to clean, safe, and affordable water to meet their basic needs. This right is fundamental for life, health, and dignity, and it has been recognized at the international level as part of broader human rights frameworks. International Recognition: The right to Read More …
The Kable principle holds that a state legislature cannot enact laws that undermine or erode the integrity or independence of the judiciary. This principle stems from the Australian Constitution and the separation of powers doctrine, which requires that the powers of the legislature, executive, and judiciary remain distinct to ensure a fair and balanced system Read More …
Drivers You and all passengers in your vehicle must always wear a seatbelt or child restraint when driving. Driving includes when the vehicle is moving or stationary (for example, when stopped at traffic lights), but not when parked. As the driver of the vehicle, it is your responsibility to ensure you and every passenger in Read More …
The “Assessing Fitness to Drive for Commercial and Private Vehicle Drivers” (Edition 2022) is a publication by Austroads that provides guidelines for assessing a driver’s medical fitness to operate a motor vehicle, both for commercial and private use. It is aimed at medical professionals, health practitioners, and road safety authorities to ensure that drivers are Read More …
Medical exemptions A driver or passenger doesn’t have to wear a seat belt (including a child restraint or booster seat) if they have a current medical certificate that: explains why you are exempt is signed by a medical practitioner (a doctor, for example) shows the date it was written has an expiry date of less Read More …
Registration of a medical certificate avoids multiple individual applications to Revenue NSW to waive each individual camera detected seatbelt fine. To apply to register a seatbelt exemption medical certificate with Transport for NSW you can complete a Registration of Medical Certificate form. A seatbelt exemption medical certificate is only valid for up to one year. Read More …
A State Parliament cannot impose a discriminatory tax that only applies to part of the population in an arbitrary or unjust manner, as this would violate the constitutional principles of equality and fairness. As this is the case a state cannot impose a discriminatory tax solely on land tax payers to fund the costs of Read More …
In Victoria, land tax exemptions under Sections 88A and 88B of the Land Tax Act 2005 provide relief for certain properties that meet specific criteria. These exemptions are designed to reduce or eliminate the amount of land tax payable on certain types of land. Here’s a detailed guide on how to claim these exemptions: Section Read More …
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 is a landmark decision by the High Court of Australia that significantly influenced the development of the law regarding freedom of political communication in Australia. The case established key principles related to the implied constitutional right to freedom of political communication, which, though not explicitly stated Read More …
The Petition of Right (1628) is one of the key constitutional documents in English history, which significantly influenced the development of parliamentary sovereignty and the protection of individual rights. It was a formal petition presented by the English Parliament to King Charles I in 1628, protesting against several grievances that the King had imposed on Read More …
TD 2014/25—the Taxation Determination issued by the Australian Taxation Office (ATO) in 2014, which provides guidance on the tax treatment of Bitcoin and other cryptocurrencies—is still considered valid, but it is important to note that tax rulings can evolve as tax laws and guidance change over time. Here’s a breakdown of the current status and Read More …
The chief of Australia’s domestic spy agency, Asio, defied a direct order from then Labor prime minister Gough Whitlam in 1974 to sever all ties with America’s Central Intelligence Agency. Whitlam – hostile to US spy bases in Australia and angy with the CIA’s undermining of leftwing administrations, including Chile’s Allende government in 1973 – Read More …
In Victoria, a judicial review is a process where a court examines the legality or correctness of a decision made by a government body, tribunal, or public official. The purpose is not to review the merits of the decision, but to determine if the decision was made within the law and followed proper procedures. Here’s Read More …
I am writing regarding concerns that I have about the ongoing red imported fire ant (Solenopsis invicta) plan as conceived and currently being carried out by the National Management Group’s National Fire Ant Eradication Program and the Queensland Government and Biosecurity Queensland’s Fire Ant Suppression Taskforce in Queensland and potentially other areas (e.g.New South Wales) Read More …
MEDIA RELEASE – 5th December, 2024 Participants of the National Disability Insurance Scheme (NDIS) have become lucrative “cash cows” to be exploited by unethical NDIA Planners, belligerent Public Advocates, and unscrupulous NDIS providers, warns Ms. Ksenija Kristo, Director of KSM Disability Consultancy. These individuals trade vulnerable NDIS participants between nursing homes and preferred Read More …
The Law of Nations, is the body of principles governing relations between sovereign states under international law. The central concept of the Law of Nations (or international law) focuses on the rights and responsibilities of states, governments, and international organizations in areas such as diplomacy, trade, human rights, the conduct of war, and the Read More …
The Law of Nations, as a term, typically refers to the body of principles governing relations between sovereign states under international law. The central concept of the Law of Nations (or international law) focuses on the rights and responsibilities of states, governments, and international organizations in areas such as diplomacy, trade, human rights, the conduct Read More …
The world’s top war-crimes court issued arrest warrants Thursday for Israeli Prime Minister Benjamin Netanyahu, his former defense minister and Hamas’ military chief, accusing them of crimes against humanity in connection with the 13-month war in Gaza. The warrants said there was reason to believe Netanyahu and former Defense Minister Yoav Gallant have used “starvation Read More …
MEDIA RELEASE, 18/11/24 Aged and disability rights advocates are calling for an urgent Royal Commission into the systemic abuses and exploitation of the elderly, their families, carers, and service providers under South Australia’s Guardianship regime. Disability advocate and Director of KSM Disability Consultancy (KSM), Ms. Ksenija Kristo, has condemned the South Australian Government, stating, “The Read More …
A message from concerned accountants for anyone using Cloud Accounting Software… e-invoicing, The new Way to Send Invoices! In the event you are a business owner or responsible for clients using Cloud Accounting Software? Take note, 13th November is D-Day for your financial data privacy. As a concerned professional we have chosen to Read More …
MEDIA RELEASE 26/10/24 Aged & disability advocates are again calling on Kiara’s Law to get all family guardianship matters taken out of the South Australian Civil & Administrative Tribunal (SACAT) & sent directly into the Supreme Court or to commence in a lower court with access to justice through a higher court, after the death Read More …
Introduction The Federal Court of Australia (the “Federal Court”) was created by the Federal Court of Australia Act 1976 (Cth) under the authority granted to Parliament by s 71 of Ch III of the Australian Constitution (the “Constitution”) to create federal courts other than the High Court of Australia. The Federal Court was once a Read More …
The below Freedom of Information response shows a legal advice to the Prime Minister and Cabinets Office to update the Royal Style and Titles Act so as to create a new title for King Charles III to adopt in relation to Australia and its Territories. In a recent video of the Constitutional Clarion Professor Ann Read More …
Russell Broadbent MP has sent a follow up letter to the Prime Minister outlining the implications of DNA contamination found in Australian covid-19 vaccine vials. His letter is co-signed by 52 Australian and international health professionals, including eminent professors and associate professors. In short, there is compelling evidence that excessive synthetic foreign DNA encapsulated in Read More …
The transcript below is the Royal Commission of Assent to the Commonwealth of Australia Constitution Act. It was signed by Queen Victoria on 9 July 1900 (her signature appears at the top left of the document, above her name). The Queen’s assent enacted the Australian Constitution, founding the Commonwealth of Australia. Queen Victoria signed the commission Read More …
Unlike three eastern States that have Imperial Acts Application legislation, South Australia does not have any such an Act. The interstate legislation identifies which Imperial Acts apply and which parts of the Acts apply; in the case of the Victorian statute the text of the relevant provisons is helpfully included. South Australia lacks these advantages. Read More …
CHIEF JUSTICE LATHAM. [a] pretended law made in excess of power is not and never has been a law at all. Anybody in the country is entitled to disregard it. Naturally he will feel safer if he has a decision of a court in his favour –– but such a decision is not an element Read More …
Article I, Section 8, Clause 3: [The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . The Supreme Court has interpreted the phrase among the several states to exclude transactions that occur wholly within a state. In Read More …
HC Deb 03 March 1953 vol 512 cc193-257193 §Order for Second Reading read. §3.32 p.m. §The Secretary of State for the Home Department (Sir David Maxwell Fyfe) I beg to move, “That the Bill be now read a Second time.” This Bill is the fourth Measure authorising an alteration of the Royal titles which has Read More …
The Constitution Act Amendment Act of Queensland provides a mechanism to re-establish the Legislative Council of the Queensland Parliament. The creation of a Bill to re-establish the Legislative Assembly must be approved by the electors of Queensland at referendum. CONSTITUTION ACT AMENDMENT ACT 1934 – SECT 3 Parliament not to be altered in Read More …
In 1987 with the enactment of section 13 of the Constitution (Office of Governor) Act, the State of Queensland suspended the operation of the Letters Patent constituting the Office of the Governor of Queensland made by Her Majesty Queen Elizabeth the Second on 14 February 1986. This marked the day the power and authority of the Read More …
Important Extracts from REPORT OF THE ROYAL COMMISSION ON THE CONSTITUTION Alteration of the Constitution. ‘ A distinction is to be drawn for some purposes, including that of alteration, between covering clauses 1-8, under which the Commonwealth was established and effect given, to the Constitution, and covering clause 9, which embodies in the Act the provisions of the Constitution. The Read More …
The void ab initio doctrine has its foundation in the case of Marbury v Madison (1803). Chief Justice Marshall wrote that: [A] legislative act contrary to the Constitution is not law; […] an act of the Legislature repugnant to the Constitution is void. […] If two laws conflict with each other, the Courts must decide on the operation Read More …
Precedent and res judicata: Tribunals are bound by case law handed down by the courts. No formal doctrine of precedent applies to decisions of tribunals, however, previous tribunal decisions may be persuasive. There is conflicting judicial and tribunal authority as to whether res judicata (cause of action estoppel) and issue estoppel apply to a decision of a tribunal. Read More …
Are representatives of Australia being coerced into signing the World Health Organisations Pandemic Treaty? Among the defects that have classically been recognised as destroying free will, violence or coercion occupy – next to error – a prominent place. “A treaty is valid if there be no defect in the manner in which it Read More …
Former BlueCross BlueShield of Tennessee (BCBST) employee Tanja Benton has been awarded over $680,000 by a Tennessee federal jury following a verdict that the insurer failed to offer reasonable accommodation for her religious beliefs. The jury concluded that BCBST “did not prove by a preponderance of the evidence either that it had offered a reasonable Read More …
Members of the public are being intruded upon in their everyday travels around the Commonwealth. Below are the laws surrounding airport screening and what is and is not required of a traveller. AVIATION TRANSPORT SECURITY REGULATIONS
A California lawsuit targeting Los Angeles schools imposed a vaccine mandate on its workers. The Ninth Circuit disagreed with the lower courts ruling not to proceed, ruling 2-1 that the workers could move forward with the case. The court recognized the plaintiffs “plausibly alleged” that the vaccine for COVID-19 “does not effectively ‘prevent the spread'” Read More …
Justice Julian Knowles 14 February 2020 full judgement in the case of Miller vs College of Policing and Chief Constable of Humberside “Free speech includes not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative … Freedom only to speak inoffensively is not worth having … Read More …
The role of a Justice of the Peace has changed significantly over time within Australia, from sitting in judgement in the inferior courts of the State to the witnessing of documents the history of JPs is presented in the document below and covers the States and Territories of the Commonwealth. 88 pages.
Reasons to lodge an objection You may object if: you believe your land value is too high or too low the area, dimensions or description of the land are incorrect the valuations are incorrectly apportioned we should have valued the land separately we should have valued the land with other land concessions or allowances are Read More …
Today Victoria Police look to drop all charges against Nicolas Patterson and Adam Roob after a scathing response by Judge Gaynor in the County Court of Victoria in regarding the video footage police provided where Judge Gaynor described police action against Patterson and his friends as unwarranted violence. judge Gaynor went on to proclaim police Read More …
The mainstream media are silent to the fact Victoria Police have failed to defend a claim against them by an employee who refused to take the life shortening COVID-19 vaccination. The vaccination that has maimed and killed countless people was the subject of the case of Simon Peter Shearer who was successful in beating charges Read More …
One of the major works of English political philosophy, Hobbes’ Leviathan was written during the English Revolution. It deals with the nature of sovereignty, how stable political power might be created, how wars might be avoided, and what is the proper relationship between a sovereign authority and the individual. 728 pages.
To submit your objection, you will need the following information from your council valuation and rate notice: assessment or property number site value (value of land) capital improved value (value of building(s) and land) net annual value – (a minimum of 5% of the capital improved value) issue date The date of valuation is 1 Read More …
The High Court decided in Burns V Corbett a Tribunal could not act as a court exercising judicial capacity on constitutional matter or within the matters set out in section 75 & 76 of the Constitution. A State tribunal has no jurisdiction in matters between States, or between residents of different States, or between States Read More …
If you don’t agree with your land valuation in Queensland (annual or maintenance valuation), you can lodge an objection. You must: provide evidence to show that the valuation is incorrect include all required information in accordance with the Land Valuation Act 2010 lodge your objection within 60 days of the date of issue of your valuation notice. Read More …
Although the below document is in relation to losing your license in Queensland it is one of the most comprehensive guides to attending court and applies in any State or Territory. This brochure will guide you through the steps of attending court, who’s who in the court and even examples of how to speak to Read More …
The IMF’s Central Bank Digital Currency (CBDC) Virtual Handbook is a reference guide for policymakers and experts at central banks and ministries of finance. It also serves as the basis for the IMF’s engagement with country authorities and other stakeholders. The CBDC Virtual Handbook aims to collect and share knowledge, lessons, empirical findings, and frameworks Read More …
Washington, D.C. – The U.S. Food and Drug Administration (FDA) has agreed to delete its most viral social media campaign of all time, which includes the infamous “You are not a horse” tweet and similar social media posts, as part of a settlement with three doctors in Apter v. Dep’t of Health and Human Read More …
Background & Proceedings On 27 February 2024, Justice Martin delivered judgment in three consolidated judicial review cases. Two challenges arose against vaccination directives issued by the Commissioner of the Queensland Police Service (QPS) in Johnston and Sutton, while the third challenged a directive issued by the Director-General of Queensland Health to Queensland Ambulance Service (QAS) officers Read More …
The Constitution provides that on the presentation of proposed laws for assent, the Governor-General declares, according to his discretion but subject to the Constitution, that he assents in the Queen’s name, or that he withholds assent, or that he reserves assent for the Queen’s pleasure, or he may recommend amendments. Before assenting, the Governor-General formally receives Read More …
In New South Wales, the criminal law allows a conviction or sentence to be reconsidered in certain circumstances. The primary way this happens is through an appeal to a court. Apart from an appeal, a conviction or sentence may be reviewed in New South Wales under the procedures set out in the Crimes (Appeal and Read More …
The boundaries of the prerogative and the limits on its application are notoriously difficult to determine. But there is an uncertainty surrounding the existence and scope of prerogative powers, their potentially coercive application and their partial abrogation or regulation by legislation. Prerogative powers find their basis in historical usage. One significant consequence is that they cannot Read More …
BY ROBERT RANDOLPH GARRAN, B.A. BARRISTER-AT-LAW; MEMBER OF THE EXECUTIVE COMMITTEE OF THE AUSTRALASIAN FEDERATION LEAGUE, SYDNEY ; DELEGATE TO THE COROWA CONFERENCE OF 1893, AND THE BATHURST CONVENTION OF 1896. If you can spare a few dollars for the creators of this website to continue their research to bring you Read More …
The Great Taking, a book written about the scheme of central bankers to subjugate humanity by taking all securities, bank deposits, and property financed with debt. 136 pages. If you can spare a few dollars for the creators of this website to continue their research to bring you more great content, any Read More …
The Supreme Court of Queensland has ruled that COVID-19 vaccine mandates imposed by the Queensland state government on emergency workers during the pandemic were unlawful under the state’s own human rights laws. On Feb. 27, the Supreme Court issued rulings on multiple lawsuits against the Queensland Police Service (QPS) and Queensland Ambulance Service (QAS) over Read More …
. Did the following members of parliament sell every Australian out? Have the following people conspired against the people of Australia? Are these people a direct threat to Australia’s Sovereignty? Let it be known and may the court of public opinion rule supreme! . https://www.weforum.org/events/the-davos-agenda-2022/sessions/special-address-by-scott-morrison-prime-minister-of-australia/ If you Read More …
On 8 May 2015, the Norfolk Island People voted overwhelmingly in support of their “right to freely determine their political status, their economic, social and cultural development”. Australia chose to ignore the outcome of the legally constituted referendum and to disregard the rights of the Norfolk Island People. Consequently in June 2015, the Legislative Assembly Read More …
The Director of Fines Victoria’s internal review oversight function set out in Part 3A of the Infringements Act 2006. Clear, concise, and accurate information should be provided to applicants at all stages of the internal review process. At the pre-review stage, fine recipients should be informed of their right to internal review. Enforcement agency websites Read More …
CRANDALL v. STATE OF NEVADA. Supreme Court 73 U.S. 35 18 L.Ed. 745 6 Wall. 35 CRANDALL v. STATE OF NEVADA. December Term, 1867 ERROR to the Supreme Court of Nevada. In 1865, the legislature of Nevada enacted that ‘there shall be levied and collected a capitation tax of one dollar upon every person leaving Read More …
Bouviers Law Dictionary 1914, Third Edition.
Although the State of Victoria is not a direct signatory to the international instruments to which Australia is a party, the obligations undertaken by the Commonwealth are nonetheless applicable to Victoria. Article 50 of the International Covenant on Civil and Political Rights (ICCPR), for example, provides that the ICCPR’s guarantees ‘extend to all parts of Read More …
What the scheme covers The scheme covers losses or expenses of $1,000 and above due to administration of a TGA-approved COVID-19 vaccine, or due to an adverse event that is recognised to be caused by a COVID-19 vaccination. See Services Australia for more information about making a claim under the COVID-19 vaccine claims scheme, including: Read More …
A youth worker who developed pericarditis after his third COVID-19 vaccination will receive weekly compensation and medical expenses, having convinced the South Australian Employment Tribunal that his injury was work-related. The youth worker, Mr Shepherd, worked in a residential care setting for the Department for Child Protection. A “Major Emergency” concerning the pandemic had been Read More …
The Great Seal of England – also known as the Great Seal of the Realm – which has been used since the 11th century to signify the approval and authentication of state documents by the monarch. Originally made by pressing an engraved matrix into a wax and resin mixture, the Great Seal served as an Read More …
Proposed Terms of Reference for a COVID-19 Royal Commission Dear Fellow Australians & Visitors from afar You, along with millions of other Australians, were subjected to life-changing events during the Covid era. You now have an opportunity to take a stand and demand accountability and justice by becoming a co-signatory on this Read More …
Each State has a spent convictions scheme to render an offence older than 10 years of no effect. This can allow you to again travel overseas or start a job in a new industry as there is no requirement to disclose a spent conviction. Additionally it is an offence to discriminate against someone with a Read More …
A class action against the Australian Government, the Department of Health and Aged Care Secretary Dr Brendan Murphy and the Deputy Secretary of Health Products Regulation Group Adjunct Professor John Skerrit (“the Respondents”) in the Federal Court of Australia on behalf of the Lead Applicant (“the Applicant”) and other Covid-19 vaccination injured parties (“Group Members”) Read More …
While the right to petition the Crown and Parliament dates back to Edward I, it was not until the last year of Richard II that Petitions were addressed to the House of Commons itself. The inherent right to petition the Parliament was confirmed by resolution of the House of Commons in 1669. This same right Read More …
The new CROWN REFERENCES AMENDMENT BILL 2023 fails to make any provision for the Queens title to carry over to the new Monarch, King Charles III. Still to this day there is no title created for King Charles III to adopt for use in relation to Australia and its Territories nor its States. therefore the Read More …
The Constitution says that ‘intercourse among the States … shall be absolutely free’. When the Commonwealth tried to stop Dulcie Johnson crossing state borders to see her fiancé one last time before he headed off to war in World War II, it failed. When Western Australia closed its border to Clive Palmer during the COVID Read More …
. The positive block of the Great Seal of the Commonwealth of Australia 1947-1954 George VI
Senator Rennick ~ Last week I questioned the Australian Office of Gene Regulator as to why they never tested the vaccine for genotoxicity given Pfizer admit it’s a gene therapy. It’s going over old ground but if you keep pressing these people they will eventually contradict themselves which is what happened. It’s worth noting Read More …
The Māori Government has sentenced Christopher Hipkins, Andrew Little, Ashley Bloomfield and Christopher James to 10 years in prison for committing crimes in response to the covid pandemic. The court also sentenced 118 Members of Parliament to prison for supporting and facilitating the four criminals’ actions. After hearing all the evidence, the Māori Government issued Read More …
As one of the biggest constitutional challenges in 25 years, the High Court has ruled Victoria’s road charge for electric vehicles is unconstitutional under Australian law. The judgement handed down today by the High Court ruled that Victoria’s per kilometre charge on Zero and Low Emissions Vehicles (ZLEV) was a tax on the use of Read More …
When, how and why did Commonwealth Personal Income Tax become compulsory? As a result of the war Personal income tax was transferred from the State to the Commonwealth and when the war ended became the status quo. The introduction of the federal income tax in 1915, was used to fund Australia’s war effort. Between the Read More …
In 1983 a report known as the Constitutional and Legal Affairs on the feasibility of a compact or ‘Makarrata! between the Commonwealth and Aboriginal people was presented to Parliament by the Chairman of the Standing Committee on Constitutional and Legal Affairs (Senator Tate) , it is imperative every Australian read the report to be well Read More …
A man whose identity has been suppressed was jailed during a property dispute with his ex-wife has successfully sued Federal Court judge who made what the court called “serious and fundamental errors” before falsely sending him to jail. The federal court ruled on Wednesday that inferior court judge Salvatore Vasta made a series of errors Read More …
Yale University researchers have developed a new airborne method for delivering mRNA right to your lungs. The team has also used the method to vaccinate mice intranasally, opening the door for human testing in the near future. While scientists are hailing the creation as an easy way to vaccinate the masses, critics wonder if the development Read More …
On 19 September 2023 the government released an exposure draft of a Digital ID Bill alongside draft Digital ID Rules and Digital ID Accreditation Rules, and a range of fact sheets, explanatory documents and consultation questions. This material was released onto the digitalidentity.gov.au website via a consultation webpage, which is accepting input in 3 separate Read More …
. . REFERENDUM (MACHINERY PROVISIONS) ACT 1984 – SECT 7 Writ for a referendum Whenever a proposed law for the alteration of the Constitution is to be submitted to the electors, the Governor-General may issue a writ for the submission of the proposed law to the electors. . REFERENDUM (MACHINERY PROVISIONS) ACT Read More …
In South Australia the court, usually a Master, will assess your application, and may either provide direction to the Registrar as to how to proceed, or the court may assume control of the application and make the decision. Criteria for waiver or reduction of fees ~ The Registrar can waive, reduce, refund or defer the Read More …
The High Court of Australia has found Qantas illegally sacked 1600 workers during the COVID-19 pandemic. The High Court upheld two rulings made by the Federal Court, which found the outsourcing of baggage handlers, cleaners and ground staff was unlawful under section 340 of the Fair Work Act. Anyone who took “adverse action against another person for Read More …
The long-term consequences of Covid-19 vaccination are now being realised… A year ago, doubly vaccinated Australians were 10.72x more likely to catch Omicron than the unvaxxed. Now they are 20x more likely and the triply or more vaxxed are 35x more likely, as the latest NSW Health stats show (see below). Meanwhile, the latest Cleveland Read More …
Robert Garren, one of the framers of the Constitution provided the following legal advice to the Prime Minister in 1905 in respect of the annexation of Norfolk Island. The Island could apparently be made a territory under the control of the Commonwealth by the joint operation of an Imperial Order in Council and a Commonwealth Read More …
The Institute of Public Affairs recently received legal advice from leading Victorian barrister and constitutional law expert Mr Stuart Wood KC about the lawfulness of the proposed referendum question to insert into the Australian Constitution an ‘Aboriginal and Torres Strait Islander Voice’. The federal government has proposed the following referendum question for voters to answer: Read More …
Page 791 Annotated Constitution of the Commonwealth. THE INTERPRETERS OF THE CONSTITUTION.—The Constitution, like every other law, is directly binding on every individual and every governmental agency within the Commonwealth. Every person, every officer, every political organ, has the duty of complying with its provisions and must in the exercise of that duty interpret its provisions, in the Read More …
Anna Yeatman Professor, Institute for Culture and Society, Western Sydney University Introduction This submission is a slightly changed version of a presentation to “Taking a rightful place in our own country”: Indigenous self-determination and the Australian people, a collaboration between the Whitlam Institute within Western Sydney University and Nura Gili, University of New South Wales, Read More …
Breaking News this week from the shores of Norfolk Island. Constitution Watch has spoken to the newly formed Norf’k Ailen Government, a reformation of the original government structure of 1856 where upon the original people of Pitcairn Island came to the shores of Norfolk by invitation of the then Monarch Queen Victoria. In recent years Read More …
Austria’s leader is proposing to enshrine in the country’s constitution a right to use cash, which remains more popular in the Alpine nation than in many other places. Chancellor Karl Nehammer said in a statement on Friday that “more and more people are concerned that cash could be restricted as a means of payment in Read More …
Anthony Albanese has been exposed with the release a of Freedom of Information document exposing the 1 page statement in whole is actually 26 pages. Below is the 1 page statement, which being drastically different to the entire statement at bottom discovered by FOI. The deception of the Albanese government slowly begins to unfold to Read More …
Entry into force: 4 January 1969, in accordance with Article 19 RACIAL DISCRIMINATION ACT 1975 No. 52, 1975 – SCHEDULE The States Parties to this Convention, Considering that the Charter of the United Nations is based on the principles of the dignity and equality inherent in all human beings, and that all Member States have Read More …
The case concerned the validity of a deportation order. Mr Teoh, a Malaysian citizen, entered Australia on a temporary entry permit and married an Australian citizen, who already had four children. Mr Teoh and his Australian wife had three more children. Mr Teoh applied for a permanent entry permit. During the period in which his Read More …
July 5, 2023: We’ve all been struggling with how to stop this hostile medical takeover of our nation, our communities, and our children. Like many of you, I’m exhausted from listening to the barrage of defensive strategies and futile tactics that have enabled innocent adults and children to continue to become disabled, diseased, and sometimes Read More …
Statement of the proposed changes to be made to the Constitution The proposed law, being the Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023, would change the Constitution by inserting the following text after Chapter VIII: Chapter IX—Recognition of Aboriginal and Torres Strait Islander Peoples 129 Aboriginal and Torres Strait Islander Voice In recognition Read More …
Local Councils across the nation are failing to engage the public in a meaningful way with respect to the Urban Design Framework also known as 20 minute cities. People across Australia have attempted to engage councils on this matter due to the fundamental changes it brings only to be snubbed and shut out by council. Read More …
If they did then surely they could repeat it!
From the Voice Referendum to the Labor parties agenda to abolish and change the Australian Flag the June 16th edition Waikerie & District News reveals all.
The Australian Constitution created the Commonwealth of Australia on 1 January 1901. It was written ‘at a time of ambivalence about Australia’s place in the world, whether it was an independent country or a child of England. Whilst the framers were seeking greater independence from Britain, the Constitution, which itself formed part of an Act Read More …
Advance Australia Fair. The name of our national anthem tells you a lot about our country. It tells you that Australians tackle our problems shoulder to shoulder, as equals. It shouldn’t matter who you are, it shouldn’t matter where you come from. And it certainly shouldn’t matter if your skin is black or white. In Read More …
“Over the last decades, novel wireless communication technologies, such as mobile telephones, cellular networks and Wi-Fi, have been developed at unparalleled speed. The forthcoming rollout of 5G technology across the European Union is expected to bring new opportunities for citizens and businesses by enabling faster internet browsing, streaming and downloading, as well as by ensuring Read More …
Petition Reason We request that Parliament vote on whether to accept or reject the amendments to the International Health Regulations (2005) that were adopted by the 75th World Health Assembly on 27 May 2022. Every nation, including Australia, has the authority to reject these amendments under Article 61 of the IHR, but any such rejection must Read More …
Ex-Chief Justice of the High Court of Australia, Robert French provides a well balance overview of Executive power within the Commonwealth with respect to the Voice referendum. He explains in detail what powers a successful referendum would bring to the Australian landscape. I thank the Ngara Yura Committee of the Judicial Commission of New Read More …
A writ of mandamus is a prerogative writ which may be issued by the Supreme Court to command a decision- maker to perform a public duty imposed on him. A fourth means of impugning such decisions involves a review of the legal basis of the decision, including the failure to make a decision, by means of the Read More …
We encourage all Australians to ask their Federal members and Senators the following: . A question to members of the Federal Parliament: . Dear Sir/Madam . As my representative in the Federal Parliament I’m sure you are well aware section 51(xxvi) of the Commonwealth Constitution which currently provides “The Parliament shall, subject to this Constitution, Read More …
In 2022 the Australian Securities Investment Commission listed publicly available information the Australian Tax Office holds the registered name of the Ultimate Holding for All Company, along with other entities such as Blackrock Investments & Bank of America just to name a few. Since the release of this information on this site ASIC removed the detail of Read More …
The unjustified criminalisation of individuals and sometimes entire communities, including already marginalised or disadvantaged groups, is increasingly impeding progress in advancing human rights in many areas, including: racial and gender equality; reproductive autonomy; disability; economic justice; civil liberties; sexual orientation; gender identity; education’ youth development; and public health. With this in mind, the Principles were Read More …
A new global currency just launched, but 99 percent of the global population has no idea what just happened. The “Universal Monetary Unit”, also known as “Unicoin”, is an “international central bank digital currency” that has been designed to work in conjunction with all existing national currencies. This should set off alarm bells for all Read More …
The author of the Freedom of Information Request made to the Prime Minister and Cabinets Office who administrate the Royal Style and Titles Act which creates a title for the monarch to adopt for use in relation to Australia and its Territories beyond the power of the Parliament of Australia was transferred to the Attorney Read More …
It appears from the FOI response below, the Prime Minister and Bill Gates failed to follow the parliaments protocol and standard operational procedures, by not ensuring Bill Gates was managed by the International Visits Branch and Bill Gates was not recorded in the Australian Governments Lobbyists Register, even when Bill Gates visited the PM’s residence to informally Read More …
Filed Pursuant to Rule 424(b)(3) Registration No. 333-147600 PROSPECTUS SUPPLEMENT (To Prospectus dated December 10, 2009) US$10,000,000,000 Queensland Treasury Corporation (A corporation constituted under the laws of the State of Queensland) Medium-Term Notes, Series A Due from 9 Months to 30 Years from the Date of Issue Guaranteed By The Treasurer on behalf of The Read More …
In May 2015, 190 scientists submitted the International EMF Scientist Appeal addressed to the top leaders at the United Nations, the World Health Organization, and the UN Environment Program. The Appeal urgently calls for greater health protection in the midst of what has become an historic, global phenomenon — the rapid expansion and proliferation of Read More …
In July 2020, we wrote to Prime Minister Scott Morrison to discover if his oath was consistent with the Constitutional parameters in respect of the oath all Ministers must take. The inquiry under the Freedom of Information Act yielded no results, this is because the oath taken fails to be consistent with the parameters the Read More …
Own motion investigations The Privacy Commissioner’s powers to enforce compliance with the Privacy Act focuses on the Privacy Commissioner’s powers to commence, on the Commissioner’s own motion, an investigation into an act or practice that may be an interference with privacy. This own motion investigation power complements the Commissioner’s power under the Privacy Act to investigate Read More …
What is a limited partnership? A limited partnership consists of at least one general partner and at least one limited partner. Normally the general partners have unlimited liability but the limited liability partners are limited to the capital amount they have invested. But what of the Commonwealth of Australia, we are led to believe the Read More …
When most people think of the word ‘Crown’ they automatically think of a jewelled headpiece. However, in a constitutional sense, the word has a far deeper meaning in an Australian context for it embodies the authority and the functions of government confined by the restraints established by the Australian constitution. It was the decision of Read More …
In a recent report here on Constitution Watch we showed publicly available information that the Australian Tax Office is a Trading name of the Ultimate Holding for All Company and the entities behind the Ultimate Holding for All Company is Blackrock Investments & Bank of America just to name a few. https://constitutionwatch.com.au/who-are-the-australian-taxation-office/ As of March 7th 2023 Read More …
The valid consent argument continues in the Commonwealth Senate, did you receive valid consent when receiving the covid vaccine or were you coerced into receiving it? Many Australians had undue pressure placed upon them to comply within their workplaces to which a medical practitioner administering a vaccine should stop… Were you given all the side Read More …
During the COVID-19 vaccine rollout the Australian public as well as medical practitioners were led to believe they were exempt from liability due to an established indemnity scheme. Recent correspondence from government advisers outlined that a medical indemnity scheme for health professionals administering the COVID-19 vaccines was never established, The High court’s decision of Rogers Read More …
Request for adjournment word document .
Prime Minister Anthony Albanese is surrounded by a bunch of leftist “clowns” whose agenda is to de-legitimise Australia by altering superannuation, Sky News host Rowan Dean says. Referring to the government’s proposed superannuation changes, Mr Dean said they are taking people’s money and pretending it is a “gift from the government”. “It is not their Read More …
In the Freedom of Information response below the author attempted to reveal the identity of the Queen who New South Wales Police officers swear their oath to. Section 5 of the NSW Constitution Act 1902 provides law making parameters for the legislator of New South Wales. Part 2 of the State Constitution provides for the Read More …
The author of this request to the Prime Minister and Cabinets Office sought to discover the legal instrument to create the new title for the King of Australia distinct from the King of the United Kingdom. In 1973 the Queen of Australia was created by statute within the Royal Style and Titles Act, this was Read More …
When dealing with Council the employees of the council must meet the requirements of their code of conduct. Failure to do so could be considered unconscionable conduct which is a Federal offence. 7 pages.
The below Freedom of Information response clearly discovers the Commission of Appointment of the Chief Justice of the Federal Court, James Leslie Bain ALLSOP. This FOI sought to reveal under which seal the Chief Justice’s appointment was created. It is clearly revealed the appointment is under the Great seal of Australia under the Queen of Read More …
The Australian Taxation Office are a Trading Name of a Business named Ultimate holding for all Company as provided for within the Australian Government Business Register. But is the ATO a Constitutional Trading Corporation for the purposes of s51(xx) of the Constitution? What is a constitutional corporation? The Fair Work Act 2009 defines Read More …
SUMMARY OFFENCES ACT 1966 – SECT 9 Wilful destruction, damage etc. of property (1) Any person who— (d) wilfully trespasses in any public place other than a Scheduled public place and neglects or refuses to leave that place after being warned to do so by the owner occupier or Read More …
New South Wales v Ibbett [2006] HCA 57 involved particularly objectionable behaviour by two police officers who decided to go in “hot pursuit” of Warren Ibbett (who had previously served time for drug-related offences.) The officers saw Warren driving but had no other reason to suppose he was in possession of drugs. Nevertheless they pursued him at high Read More …
During the COVID-19 pandemic on the 24 August 2021 police attended a NSW property based information received at Lismore Police Station which suggested that the owner might be seeking to have pamphlets printed in relation to organising a public gathering or protest on 31 August 2021. Police were concerned that if a public gathering or protest Read More …
Petition ReasonThe significant impact on all Australians by the Covid-19 pandemic response, which has now been independently reviewed demonstrating the need for full inquiries. We express our overwhelming concern for the following: *From 2020 until present day, State and Federal Governments as well as many private companies have habitually breached inviolable, absolute non-derogable human rights Read More …
In most States of Australia rates are not valued of the actual true value of your property. In this post we will focus on South Australia. Rates are either valued by the Valuer General in accordance with the Valuation of Land Act 1971, or council employ or engage their own valuer. Property values are used Read More …
How is it that the sheriff in NSW has any power if the empowering instrument creating the Sheriffs function ceases to have effect? Where is the power to override the prerogative instrument of the King within Australia’s Constitutional Monarchy? A Brief History of the Charter. As a result of the criticisms of the existing judicial Read More …
If there has been one consistent theme of the COVID-19 pandemic, it’s that the “experts” have consistently been wrong. Initially, the WHO failed to scrutinise China’s role in the outbreak. One can only wonder why? Then, echoing the advice of the World Health Organisation, the experts were wrong about lockdowns, which dismantled economies and ended Read More …
South Australian Police Code of Conduct as found on page 7 within Part 5 of the Police Regulations 1999.
The SPARS Scenario features an outbreak of the novel SPARS coronavirus first identified in a major US city in 2025. Over a 3-year period, the virus spreads to every US state and more than 40 countries, where case fatality rates vary depending on the capabilities of local health systems. In the United Read More …
The Great Artesian Water Basin covers a quarter of this Continent we know as Australia. The Great Artesian Basin is a huge and ancient underground “water tank” big enough to fill Sydney Harbour 130,000 times and is the main water source of our food grown here in Australia. It also supports the ecosystem of this Read More …
The International Health Regulations Review Committee (IHRRC) of the World Health Organization (WHO) is planning to meet in secret from Monday, January 9, 2023 to Friday January 13, 2023. The IHRRC will be working to finalize what is now a 46 page document that includes proposed amendments to the International Health Regulations (IHR). The proposed Read More …
This manual was developed to support countries in effectively responding to events which may erode the public’s trust in vaccines and the authorities that deliver them. In addition, a small section of this manual focuses on how to best prepare for a potential crisis and provides some insights into conducting post-crisis assessments. For the response Read More …
Contributors Wallace, Alfred Russel, 1823-1913. London School of Hygiene and Tropical Medicine License and attribution This material has been provided by This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service. Read More …
Below are the parliamentary debates on the Australia Act (Request) Bill 1985. Western Australian Minister are proclaiming the Australia Act Bill is invalid and beyond power. Does this evidence the Act has been created beyond the power of the Parliament and an attempt to undermine the Sovereignty of the Western Australian Constitution and therefore it’s Read More …
Mark Steele, a 5G campaigner, has been highlighting the dangers of a secret 5G rollout by Gateshead Council where residents are complaining of increased illness and Cancer in the affected area. There’s enough evidence to conclude the new smart 5G arrays on the top of new LED lampposts emit Class 1 Radiation frequencies and should Read More …
Does this invalidate the Australia Act? . . Australia Acts request Act 1985 ~ Western Australia.
The author of the FOI made request to gain access to the oaths, affirmations and appointments of various Federal Court Judges within Australia.
Constitution Watch receives many enquiries from our readers and one subject our readers continue to contact us about is the theory that Australia is Norfolk Island. Our readers tell us the theory is allegedly derived from the definition of “Australia” found in section 2B of the Acts Interpretation Act 1901. At the request of our Read More …
Government and the world oligarchy want to ban cash. By signing this petition cash will be enshrined into law. But what is the real issue here? If cash is banned and a digital only system comes in EVERY transaction you do will be scrutinised, you will NEVER be able to make an anonymous payment again! Read More …
Is this the next planned crisis? Nearly three years to the date of Event 201, The Johns Hopkins Center for Health Security, in partnership with World Health Organization and the Bill & Melinda Gates Foundation, conducted Catastrophic Contagion, a pandemic tabletop exercise at the Grand Challenges Annual Meeting in Brussels, Belgium, on October 23, 2022. Read More …
Dr William Bay, a suspended Queensland doctor currently in the Supreme Court of Queensland is challenging the validity and origin of APHRA the national medical regulator. He has documentation from the Federal Health Minister saying AHPRA are not under the Commonwealth and interestingly also papers from Queensland State government saying they are not a State Read More …
It appears in Victoria we have differential discriminatory land tax laws, the power of taxation comes from section 51 of the Commonwealth Constitution. COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 51 Legislative powers of the Parliament The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and Read More …
. Do Covid Infringements issued in Victoria meet the prescribed details and therefore a valid issuance of that infringement consistent with Victorian legislation? Below is a snippet of an infringement as issued in Victoria. Does the below information contained Read More …
Millions of dollars worth of fines issued to thousands of people in NSW for breaching COVID-19 restrictions are being withdrawn by the state’s revenue agency. NSW Revenue says 33,121 fines will be withdrawn following a landmark decision in the Supreme Court on Tuesday. A total of 62,138 COVID-19 related fines were issued in NSW over Read More …
“The Story of the Commonwealth Bank” was originally delivered as a lecture before the Sturt Electoral Committee, Adelaide, and was first printed in pamphlet form in 1931. It exhibited the usual defect of all lectures, namely, condensation of the subject matter to an extreme degree. The great and unexpected demand which arose for the pamphlet Read More …
The Bell Inquiry examined the appointment of former Prime Minister, the Hon Scott Morrison MP, to administer multiple departments without disclosure to his colleagues or the public. The unprecedented and inexcusable actions of the former Prime Minister were emblematic of the culture of secrecy in which the previous Government operated. The Bell Inquiry confirms the Solicitor-General’s Read More …
The birth rate of Australians plummeted including as much as 99% in Victoria where only 21 babies were born for the moth of December 2021. But what could be causing this anomaly, this video looks at the official statistics and compares them with recent events that could be the answer. Why aren’t mainstream media reporting Read More …
ACTS INTERPRETATION ACT 1901 – SECT 25C Compliance with forms Where an Act prescribes a form, then strict compliance with the form is not required and substantial compliance is sufficient.
In respect of subordinate instruments, The Presumption of Validity does not apply in the case of such instruments; therefore a prosecution must prove the legality of the Stay at Home Directions beyond reasonable doubt (which requires it to prove, inter alia, the legality of the Declaration of Emergency); and Must disclose the evidence upon which the prosecution Read More …
It is clear from Doctors messages to their government representatives that the Doctor Patient relationship has been violated and damaged from regulatory bureaucracy due to a failure for Doctors to be able to express their professional judgement and prescribe and provide accurate advice according to their professional judgement without a cartel like oversight from government. Read More …
Is there an instrument that overrides, suspends or terminates the indissoluble Federal Commonwealth under the Crown of the United Kingdom as qualified by the second clause that binds the Crown and the fifth clause that binds the people?
October 2022 The following analysis of Adverse Events was reported to the TGA for kids aged 5 to 17 after COVID-19 Vaccination. Based on vaccination numbers, this week the focus is on percentages and rates of overall Adverse Events reported to the TGA. Unfortunately, and for a variety of reasons, not every Adverse Event gets Read More …
PENALTIES AND SENTENCES ACT 1992 – SECT 81 Application for revocation 81 Application for revocation (1) An application under section 79must be made— (a) by— (i) the offender; or (ii) an authorised corrective services officer; or (iii) the director of public prosecutions; and (b) while the fine option order is in force; and (c) in Read More …
This most recent Freedom of Information response fails to provide for an enumerated head of power within the constitution to create a title for the King of Australia. There is no current instrument one can point to for a legal purpose to use an alternate title in Australian and State law. If you can point Read More …
In 2018, Victoria’s Ombudsman found Labor had misused $388,000 during the “red shirts” scandal, below is an exclusive release of a police task force members official statement revealing revelations that senior police could have perverted the course of justice to protect Labor Party members and stop influence over the 2018 Victorian election. The task force Read More …
In the matter of AB v CD [2020] QCAT 295 Adjudicator Alan Walsh found that QCAT (as well as other State tribunals) lacked power to exercise Federal Jurisdiction and to hear this matter having regard to sections 104, 113, and 113A’ of the Child Support (Registration and Collection Act) 1988 (Cth) and the application was dismissed Read More …
Can an employer force you to provide your biometric data? In this case of Jeremy Lee v Superior Wood Pty Ltd, Jeremy Lee objected to his employer’s direction to use a fingerprint scanner to sign in and out of his work site, under Superior Wood’s Site Attendance Policy. Mr Lee argued that he owned the biometric Read More …
It is clear from the case of Moller below that after seeking an order of the Supreme Court Rules Moller attempted to be excused from taking the oath of allegiance as prescribed. Moller over the passage of time to become an Australian citizen had a conscientious objection to taking an oath of allegiance to Her Majesty the Read More …
. The Victoria Police Code of Conduct – professional and ethical standards provides the basis for professional practice and defines the expected standards of behaviour and conduct of all Victoria Police members. Most officers work within the framework of the code and those found to be acting outside their professional capacity can be scrutinised by Read More …
. BLACK’S LAW DICTIONARY has proven its value through the years to the busy practitioner, judge and law student who requires quick and convenient access to the meanings of legal terms and phras- es found in statutes or judicial opinions, as well as to the special legal meanings of standard English words—meanings which frequently can- Read More …
. . SECOND READING SPEECH CONSTITUTION AMENDMENT (DEMISE OF THE CROWN) BILL 2017 I move –That the Bill now be read a second time. This Bill proposes an amendment to the Constitution Act 1889 (WA), which makes express provision for the demise of the Crown.The term “demise of the Crown” refers specifically to the Read More …
High-level contacts between Albert Bourla and European Commission President Ursula von der Leyen before multibillion-euro vaccine deal are under scrutiny. Pfizer Chief Executive Albert Bourla has pulled out of an appointment to testify before the European Parliament’s special committee on COVID-19, at which he was expected to face tough questions on how secretive vaccine deals Read More …
. UK Cardiologist Dr Aseem Malhotra, has written two papers on the effectiveness of the COVID-19 vaccines (see below). Dr Malhotra who took two doses of the Pfizer vaccine, could not conceive the possibility that any vaccine could cause real harm. A whistleblower from a prestigious UK cardiology department shared with Dr Malhotra, that a group Read More …
After millions of people have been vaccinated as often as four times within a year, the effects of these vaccinations are slowly becoming apparent. This review has been written from an Australian perspective with the main focus on the COVID-19 mRNA vaccines. We will look at the promises/predictions originally made and the actual facts. We Read More …
Ministers hold high public office and are entrusted with considerable privilege and power. The people of Australia are entitled to expect that, in the discharge of their duties, they will act in a manner that is consistent with the highest ethical standards. The convention of collective responsibility which applies to the Federal Cabinet ensures that Read More …
There are a total of 13 privacy principles under the Federal Privacy Act 1988 with the sole purpose of making sure businesses are transparent about how they handle and process personal data. If you have already prepared for the GDPR, much of GDPR compliance will apply in Australia. There are a few caveats, but the Read More …
The Institute of Public Affairs (IPA) published this week a groundbreaking research paper by Professor Mirko Bagaric on the impact of Australia’s failed response to the COVID-19 pandemic. Titled, The Crime of Criminalising Everyday Life: The Rule of Law Discarded in Victoria’s COVID Response, the report found; More than 50,000 normally law-abiding Victorians were subject to criminal sanctions for breaches Read More …
After the Australian fiscal year ended in June, the Reserve Bank of Australia marked its bond holdings to market – wiping out all its reserves. The central bank of Australia on Wednesday made the astonishing admission that it is, basically, bust. Its entire equity has been wiped out by pandemic-related bond buying. Of course, the Read More …
Schwab’s plans for humanity sheds further light on the trans-humanist WEF A recently resurfaced video taken at the World Economic Forum shows director Klaus Schwab boasting that, within 10 years, the people of the world will be wearing “brain implants” so that the globalist WEF can “measure your brain waves” and read your thoughts. The Read More …
On September 11, 2022 the Governor General created a Proclamation to announce Queen Elizabeth the Seconds passing and of King Charles the Third, now King of Australia. This was proclaimed under the Great Seal of Australia that being the Seal of the Her Majesty, as Queen of Australia. How can the Queen seal be used Read More …
When the COVID-19 vaccine rollout to the public began in late 2020, medical professionals, public health agencies, and government spokespeople all assured the American public that the novel mRNA vaccines did not cause negative systematic effects to human bodies. They promised the public, many of whom were skeptical about the safety of a drug brought Read More …
In 1971, an FCO memorandum known as FCO 30/1048 was drafted. This document details how the UK would surrender sovereignty if it were to join the E.E.C/EU. However, this document was classified as Confidential, and not released into the public domain until 2002. The surrender of sovereign powers, as a consequence of signing the Treaty Read More …
When museum staff opened a supposedly secured container holding one of their most treasured items last Friday afternoon, they discovered the Great Seal of Norfolk Island had been stolen. The brazen theft of an artefact symbolising Norfolk Island’s identity may have sparked a locked-room mystery in the South Pacific, but it has also exposed the Read More …
World population growth since World War II is quantitatively and qualitatively different from any previous epoch in human history… total growth rates are close to 2 percent a year, compared with about 1 percent before World War II, under 0.5 percent in 1750-1900, and far lower rates before 1750. -Executive Summary, The Kissinger Report In Read More …
IMAGINE IF THE VICTORIAN REGISTRY JUST DID WHAT IT WANTED TO DO? LEADING PRO-SHOOTERS RIGHTS MP and NSC member Tim Quilty MLC, has revealed in Parliament that VicPol’s registry (LRD) have been caught breaking the same laws it administers. This follows revelations of “missing guns” and allegations of continual misconduct of senior LRD officers. Now Read More …
The more I research the more I discover how politicians and so also the Minister for Health have disregard appropriate check and balances to seek to avoid children being harmed. How many now in adulthood are still suffering due to having been vaccinated? There need to be a proper investigation and compensation for those unduly Read More …
More than 4,000 strip searches were carried out in New South Wales between July 2020 and May 2022 – 100 of them on children and young people. The alarming figures include more than 100 days of lockdown during the Covid pandemic when crime decreased significantly across the board, and festivals and other events were put Read More …
Research at the University of Sydney Lambert Initiative for Cannabinoid Therapeutics suggests the devices currently used return both false positives and false negatives. New research conducted by the Lambert Initiative for Cannabinoid Therapeutics at the University of Sydney calls into question the reliability of the two devices that are currently being used for mobile drug Read More …
The Community Advocacy Alliance Inc (CAA) has submitted this paper, Policing Victoria 2022, to the Chief Commissioner and has made it available to the political decision-makers of this State irrespective of their ideology. The CAA has prepared the paper to assist the role and function of policing in this State. It is influenced by over Read More …
Trevor Andrews is a true Aussie battler. Last year he was swarmed upon by State Officers claiming he posed a risk to public health in his small business. At the time there were 6 covid-19 cases in Melbourne and some 200km away in this sleepy part part of Victoria the only risk to public health Read More …
What is the Offence of Trespassing in Victoria? Section 9(1)(e) of the Summary Offences Act 1966 (Vic) makes it a crime for a person to enter a private place without the owner or occupier’s consent or for a legitimate purpose. Going into a scheduled public place without permission is also an offence. Such public areas Read More …
This article was originally published by Rhoda Wilson at The Exposé. What is the number of deaths, worldwide, from Covid injections? By doing a rough calculation Steve Kirsch arrives at a ballpark figure of 12 million. To give the number some context, that is 40x the number of Americans who were killed in World War Read More …
When a statute prescribes that there must be “reasonable grounds” for a state of mind – including suspicion and belief – it requires the existence of facts which are sufficient to induce that state of mind in a reasonable person. HIGH COURT OF AUSTRALIA Mason C.J., Brennan, Deane, Dawson, Toohey Gaudron and McHugh JJ. Read More …
Join film maker Topher Field to watch his international award-winning documentary Battleground Melbourne at the following venues: **Battleground Melbourne Cinema Premiere — Tues, 23rd August** https://events.humanitix.com/battleground-melbourne-premiere Already more than 50% of tickets sold! Battleground Melbourne Karingal Screening — Wednesday 24th August https://events.humanitix.com/battleground-melbourne-karingal-screening Battleground Melbourne Werribee Screening — Friday 26th August https://events.humanitix.com/battleground-melbourne-werribee-screening Battleground Melbourne Geelong Screening Read More …
A team of 19 scientists from the United Kingdom have published new research that helps explain why countries with the highest vaccination rates are experiencing the highest numbers of what they call “breakthrough infections,” as well as reinfection with other variants of COVID-19. This research article, published on June 14, 2022 in the peer-reviewed journal Read More …
The work of equity, save in its exclusive jurisdiction, was the amelioration or supplementation of the application of the rule at law, or under statute. Aristotle defined the very nature of equity as the correction of the law, by ameliorating the defect of the necessary universality of law’s rule.
We asked the Attorney Generals Office to provide the Head of Power found within the Constitution allowing for Local Government to charging council rates and if no power exists the information allowing the Commonwealth to impose council rates on a Territory. The Attorney General failed to provide the power or the information requested and it Read More …
Types of complaints Complaints can reply to different types of behaviour. Communication and customer service complaints Communication and customer service complaints usually involve matters such as: rudeness poor attitude and practice careless or poor service failure to adequately explain police procedures, deal with your crime report or keep you informed Corruption, misconduct, or improper conduct Read More …
The NSW Parliament have clearly provided there is no power within the Commonwealth Constitution to create Local Government and this is an exclusive power of State governments, if this is the case how is it that the Commonwealth Government have empowered Territory Governments to enact forms of Local Government within the Commonwealth Territories? Read More …
Recent interest in R. v. METROPOLITAN POLICE COMMISSIONER, EX PARTE BLACKBURN has bought us many requests to post the relevant detail of this case. The duty of the Commissioner of Police of the Metropolis. The office of Commissioner of Police within the Metropolis dates back to 1829 when Sir Robert Peel introduced his disciplined force. The Read More …
Police officers have, of course, power to arrest and detain a citizen where they have reasonable and probable grounds for suspecting that a felony has been committed, and that he is the person who committed it. But this power is exercisable only for the purpose of taking him before a magistrate to be dealt with Read More …
Norfolk Island was a self-governing territory for 36 years until May 2015, when the Federal government abolished its nine-member parliament and replaced it with a local government administration. Queensland assumed control of the provision of state services to Norfolk Island after signing a deal with the Commonwealth. On 3 February 2021, Assistant Minister for Regional Read More …
The Commonwealth of Australia Constitution Act which first rolled off the presses in 1900, and which came into operation on 1 January 1901, is for the most part the same legal instrument that provides the framework of government in Australia today. The Commonwealth Parliament was, by that Act, given powers with respect to specified subjects, Read More …
Further to our continued series on Judicial Review There is a presumption that the acts of public bodies, such as orders, decisions and byelaws, are lawful and valid until declared otherwise by the court. Although some acts or measures may be described as being ‘void ab initio’ or as ‘nullities’, the modern view is that Read More …
Operation Watts was the first ever joint investigation conducted by IBAC and the Victorian Ombudsman. The investigation was initiated following two referrals, from the Attorney-General to IBAC, and from the Legislative Council to the Ombudsman, following allegations of ‘branch stacking’ involving misuse of public funds by certain Moderate Labor members of Parliament. The investigation examined Read More …
In January 1986 the House of Commons and the House of Lords debated the UK Australia Act Bill. Many revelations were discussed to which the below summary covers. Within the House of Lords debate Robin Maxwell Hyslop (1931 – 2010) raised many issues and even requested the Bill be sent back to Australia for redrafting Read More …
The validity of COVID-19 fines issued across NSW will be called into question in a court case that has the potential to invalidate millions of dollars worth of penalty notices issued during the state’s lockdowns. In a case filed in the NSW Supreme Court this week, three people who received fines ranging from $1000 to Read More …
Queensland Police Traffic Manual Issue 49, provides the correct procedures and official warnings that can be given according to correct procedures. 29 pages.
If you are dismissed from your job for a reason covered by general protections laws, you may be eligible to make a claim. You must apply within 21 days after the dismissal took effect. Only use this form if your employment has ended AND you think the reason is illegal (‘prohibited’) under general protections laws. You cannot Read More …
Queensland’s Judicial Review Act 1991 (the JR Act) gives the public the right to request the reasons for decisions which adversely affect them, or seek a review of a decision in the Supreme Court. In addition to administrative decisions of government departments and local authorities, the JR Act applies to administrative decisions of quasi-government agencies Read More …
From July 6 2022, the way you travel to and from Australia has changed. All travellers should be aware that: People entering Australia do not need to provide evidence of vaccination status People entering Australia do not need to complete the Digital Passenger Declaration or Maritime Travel Declaration People leaving Australia will not be asked to Read More …
Judicial review is the principal mechanism used by the courts to police the exercise of public law functions. This is a constitutionally important aspect of English law. It seeks to ensure that bodies exercising public law functions act lawfully and fairly and do not abuse their powers. There are a number of common misconceptions Read More …
Constitutionally speaking, having the Queen of Canada (or Australia) as a corporation sole means that this legal person personifies the Canadian and Australian state and acts as the guarantor of the rule of law and the underlying authority behind Canadian & Australian institutions. The Canadian state is legally a person and all state and governing Read More …
In US, ~5M people who got the vaccine are now unable to work and ~750,000 are dead. The rate of heart issues is 6.6%, far more than they claimed. No wonder our government isn’t doing these surveys! Executive summary Our latest poll is devastating for the official narrative: a 6.6% rate of heart injury Read More …
The Australian Consumer Law provides protection for consumer relating to goods as well as services. Consumer guarantees products must meet The law automatically gives consumers rights when they buy goods and services from you. These are called consumer guarantees. There are 9 consumer guarantees that apply to any goods purchased from businesses in Queensland. Consumer Read More …
The author of the below Freedom of Information Request sought to establish evidence from the Attorney Generals Office by requesting any instrument or information that demonstrates the Parliament of Australia as a legal entity and additionally any instrument that allows the Parliament of Australia under the Queen of Australia to have any lawful effect. The Read More …
Privacy regulator finds company breached Australian law, raising more questions about emerging technology. Megan Richardson is a Professor of Law at Melbourne Law School and a Chief Investigator in the ARC Centre of Excellence for Automated Decision-Making and Society. Mark Andrejevic is Professor of Media Studies at Monash University and Chief Investigator at the ADM+S Centre’s Read More …
Australian privacy commissioner rules Clearview AI in breach of consumer privacy for facial recognition database and says multiple police forces are under investigation for employing the sensitive biometric database Facial recognition companies and brands endeavouring to use the technology have been put on notice by Australia’s privacy commissioner after two rulings determined such data collection Read More …
Below is the WORLD HEALTH ORGANISATION implementing of Digital Documentation for COVid-19 test certificates. Within the pages we found the following, “Treatment requires respecting and protecting all persons equally and acting to ensure, as far as possible, no wrongful or unfair discrimination that may amount to a violation of human rights” and… TRANSPARENCY: Providing clear, Read More …
Legislation is the predominant source of law applied by judges in the common law world today. This is because, even though the doctrine of precedent allows for the development of law by judges through cases, most areas of law are now set down in statutes, and cases primarily concerning their interpretation. The Honourable Justice John Middleton, Justice Read More …
In 1953 the Great Seal of the Commonwealth under Queen Elizabeth II was issued, this seal was for use in the Commonwealth of Australia and its Territories appertaining to the Crown. In 1973 the Great Seal of Australia under Queen Elizabeth the Second was issued, this seal was for use in Australia and its Territories in Read More …
Russell L. Blaylock, Retired Neurosurgeon, Theoretical Neuroscience Research, LLC, from Ridgeland, Mississippi, United States provides a well grounded overview of the Covid-19 pandemic of the past two and a half years on the National Library of Medicine. From the media to the key players and instigators of the pandemic this paper provides the facts and scrutinises Read More …
Another example in the High Court of the Executive Government acting beyond its powers in respect of Ministerial powers to strip Australians of their citizenship, the High Court ruled the Minister did not have the power to strip citizenship and this was the role of the court. A core provision of the federal government’s foreign Read More …
There are many claims surfacing on social media leading to misinformation claiming the Digital Passenger Declarations are compulsory. The Home Affairs Legislation Amendment (Digital Passenger Declaration) Regulations 2021 (the Digital Passenger Declaration Regulations) amend the Customs Regulation 2015 (Customs Regulation) and the Migration Regulations 1994 (Migration Regulations) to facilitate the introduction of a digital passenger Read More …
The Covid-19 vaxxed population is substantially more likely to die of any cause than the unvaxxed population in all age groups, according to new data released by the UK’s Office for National Statistics. This is yet more evidence that the Covid-19 vaccines are deadly, and research included within the ONS data shows it takes five months after Read More …
We have received numerous emails regarding the new amendments to the Agriculture Legislation Amendment Bill 2022. there has been a lot of fear mongering on social media platforms regarding unfitted powers to stop people growing food. The Amendment does not apply to residential properties and the provisions that apply to farms are discussed in the Read More …
Queensland police and health workers have begun their challenge to COVID-19 vaccine mandates in the Brisbane Supreme Court. A trial involving three matters got under way on Monday, after legal issues stalled proceedings lodged by others. The action was brought by paramedics and Queensland Health employees, who were required to have two vaccinations in December, Read More …
Yes. However, incoming passenger arrival caps still apply to passengers who don’t qualify as fully vaccinated. You may also face more difficulty finding transport options if you are unvaccinated. Read more about Australian re-entry and quarantine measures COVID-19 vaccination and travel State and territory COVID-19 information Proof of vaccination (Department of Health) Do Read More …
The Government has abandoned its appeal against a ruling that found the police and NZDF vaccine mandate was ‘unlawful’. The Covid-19 vaccine (file picture). (Source: istock.com) Unvaccinated police officers and NZDF staff, who faced losing their jobs on March 1 after the Government determined staff needed to be vaccinated, challenged the order in the Read More …
In March 2021, the Nuclear Threat Initiative (NTI) partnered with the Munich Security Conference (MSC) to vest run the upcoming Monkeypox virus. As with event 201 sponsored by the likes of Bill and Melinda Gates this was another exercise scenario but instead of a COV virus this pandemic portrayed a deadly, global pandemic involving an Read More …
“These resolutions will transfer sovereignty regarding the health of citizens to a supranational body that is largely financed by the pharmaceutical industry and the Bill & Melinda Gates Foundation,” Archbishop Carlo Maria Viganò released a memo on Sunday warning nations who are considering joining the World Health Organization’s (WHO) Pandemic Treaty that handing over sovereignty to Read More …
There are many questions to be answered surrounding the issuing of writs for the federal election. Below is the government gazette evidencing writs were issued. Now the question is are the writs issued according to law? Is witnessing a document causing it to be issued? When the Governor General caused the writs to be issued Read More …
Constitutional violations to the Commonwealth admitted by the Attorney-General in FOI responses In the last week for the run up to the federal elections, Australians need to know of a political agenda that has been hidden from them that has been played out over many years and has come full force in the last two Read More …
The High court ruling of Sue v Hill provides the Queen of the United Kingdom is a foreign power for the purposes of s44 of the Constitution. If this is true how can Ministers swear oaths of allegiance to a foreign Queen acting under an alternate title dormant of constitutional validity? From Page 6 below. Read More …
A not for profit incorporated association the purposes of which are the preservation and conservation of Australian wild-living Brumbies. Parks Victoria today announced its intention to secretly cull Brumbies in Bogong High Plains in the Victorian Alpine Park and Barmah National Park in “remote and difficult terrain”. A Parks Victoria representative claim threats of harm Read More …
Below we present for your scrutiny a Freedom of Information Response from the Attorney Generals Office of the Australian Government (Not of the Commonwealth?). The author wrote to confirm if there had been changes as recommended by the Constitutional Commission, Commissioned by the very same Attorney Generals Office, specifically Bill No 1, and Bill No. Read More …
In 2012 the Oath of Allegiance to Her Majesty, Queen Elizabeth II (Roman numerals) was restored in New South Wales. Queen Elizabeth II is the Reigning Monarch of the United Kingdom. Queen Elizabeth the Second (In words) is the Australian Title enacted by the Australian Parliament beyond the power the Constitution provides within the Royal Read More …
Part 4.4 of the Civil Procedure Act 2010 sets out the test for summary judgment: a court may give summary judgment if satisfied that a claim, a defence or a counterclaim or part of the claim, defence or counterclaim, has no real prospect of success (s63). With the amendment of order 22 by the Supreme Read More …
Dr. Fauci wasn’t just peddling nonsense and ‘disinformation’ during his time with the NIH, but he was also apparently raking in piles of cash. According to a nonprofit government watchdog, the National Institutes of Health (NIH) and its so-called experts, including the agency’s recently departed director, Dr. Francis Collins, and Dr. Anthony Fauci, received an Read More …
What is an Estate in Fee Simple? Commonwealth v New South Wales [1923] HCA 34 (1923) 33 CLR 1 (9 August 1923) HIGH COURT OF AUSTRALIA KNOX C.J., ISAACS, HIGGINS, GAVAN DUFFY AND STARKE JJ. THE COMMONWEALTH OF AUSTRALIA PLAINTIFF AGAINST THE STATE OF NEW SOUTH WALES AND ANOTHER DEFENDANTS 1920-1923: SYDNEY, Dec. Read More …
What Is LawfulMe? LawfulMe is part of a suite of “Me” Platforms offered under the Living Free Movement. LawfulMe brings the community together in order to share information, resources and advice on lawful processes, your rights, understanding and initiating contracts and living and operating in the private. By joining LawfulMe you will have Read More …
The Food and Drug Administration said the shot should be given only to those who request it or cannot receive other vaccine US regulators on Thursday strictly limited who can receive Johnson & Johnson’s Covid-19 vaccine due to a rare but serious risk of blood clots. The Food and Drug Administration said the shot should Read More …
A TRIBUNAL HAS NO POWER TO ACT JUDICIALLY AS AGAIN CONFIRMED BY THE HIGH COURT OF AUSTRALIA. HIGH COURT OF AUSTRALIA CITTA HOBART PTY LTD & ANOR v CAWTHORN [2022] HCA 16 4 May 2022 Today, the High Court allowed an appeal from the Full Court of the Supreme Court of Tasmania. Read More …
The matter Pridgeon v Medical Council of New South Wales was heard in the Court of Appeal Supreme Court New South Wales. This matter concerns s150 of the National Law and is an important case for any doctor who has been suspended by the AHPRA or the Medical Board. Dr Pridgeon was successful in revoking Read More …
Decisions about mask use in children should be driven by what is in the best interest of the child. Mask use should be flexible, so that children can continue play, education and everyday activities. These activities are an important part of child development and health. No child should be denied access to school or activities Read More …
In a recent Freedom of Information request seeking information on the Prime Minister and Cabinets involvement with the Socialist World Economic Forum it was revealed Prime Minister Scott Morrison is part of the ‘Great Reset’ in which the forum brags ‘you will own noting and be happy’, Morrison has engaged with the forum in the Read More …
MARK Steyn’s blistering monologue at the start of his Thursday evening GB News show is a must-watch if you missed it. In it he calls for a Royal Commission into the UK’s Covid policy that ‘screwed over’ a generation of children, left people unseen and untreated by the NHS or to die in ‘care’ homes, mired people in Read More …
The Constitution provides the subject matters of which the Commonwealth has its law making powers, within those powers are limited health powers. Section 51(xxiiiA) is known as the funding power of the Commonwealth, which is a power to fund medical and dental services, pharmaceutical benefits and alike. The States hold the power to regulate health, Read More …
Slowly with the passage of time the facts continue to reveal that which many of us already knew and were denied. So it has been continually revealed Pfizer knew the carnage its vaccine would cause, but what of the Governments and regulatory bodies such as the TGA and ATAGI who were put in place to Read More …
The following book is the first edition of the work of W. Harrison Moore who was Professor of Law at the Melbourne University from 1892 until his retirement in 1927. In constitutional law he was influenced by A. V. Dicey. and his writings are as much a history of the federal movement as a Read More …
The historical framework used in understanding the ongoing colonisation of Australia directly implicates our knowledge of the present and hopes for the future. The history of Australia, post 1788 invasion, is fraught with contestation, selective forgetting and the appropriation of other people’s collective memory (Todorov, 2001). However, history is not fixed and as MacIntyre and Read More …
More stunning information is being uncovered of both government and vaccine maker documents. It appears the vaccine is more than one of several possible treatments all in one injection. “We are told the mRNA produces just a small sequence of the spike protein. Through my research, I found separate patents for the spike protein. There Read More …
Does the prohibition in s51(xxiiiA) but not so as to authorise any form of civil conscription apply to the states? William J , Justice of the High Court of Australia in the British Medical association case (BMA), stated, William J It would no doubt be a form of industrial conscription to compel persons by law to Read More …
Petition ReasonThe proposed Digital Identity Legislation is a threat to every Australians privacy and security. We the undersigned vigorously oppose and do not consent to this proposed legislation being passed. We express our overwhelming concern for the following: • Use and sharing of our personal or biometric information to third parties. • The lack of Read More …
Vice Chancellor and President of the Queensland University Professor Deborah Terry has decided to suspend the requirement that all staff, students and most others must be fully vaccinated against COVID-19 to attend UQ locations. After a roll back of the Queensland State Government initiative to mandate booster shots the University has followed suit, it is Read More …
CMN has made a submission to WHO regarding its global Pandemic Treaty. It is vital as many people today make submissions. At the bottom of this email is CMN’s submission. WHO only allows for 250 words. Feel free to share, use or adapt. Background WHO created an Intergovernmental Negotiating Body (INB) to work out details Read More …
The Human Rights Commission (Commission) has sensationally intervened in the Supreme Court challenge brought by educators – believing the CHO has gone too far. According to reports, the Commission claimed the vaccine mandate for teachers and childcare workers was outside the Chief Health Officer (CHO) John Gerrard’s powers under the Public Health Act 2005. The Read More …
Delivering its judgment in 1920 in the apparently-notorious Engineers’ Case, the High Court made the following statement: “For the proper construction of the Australian Constitution, it is essential to bear in mind two cardinal features of our political system which are interwoven in its texture and … radically distinguish it from the American Constitution…. One Read More …
Are the floods on the east coast of Australia to create sustainable smart cities and redesign the Australian way of life? This plan additionally extends to cybersecurity failures, climate action failures, Debt crisis and the already well known infectious diseases schemes. The World Economic Forum (WEF) has plans for every nation across the globe including Read More …
WHAT ARE THE PROPOSED CHANGES? The Queensland government has announced in the 2021-2022 Budget Update proposed changes to its land tax regime, the changes will see property owners paying land tax on their Queensland landholding by reference to a rate that takes into account all landholding of the property owner on a nationwide basis (i.e. Read More …
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 Constitution is the fundamental, Read More …
FDA and Merck have known about these harms for 25 years and yet failed to warn pediatricians or parents Background and context When Merck’s M-M-R II was licensed in 1978, a proper clinical trial of its safety was never conducted. From a prior ICAN demand to the FDA, we know that the safety was Read More …
The High Court’s decision Burns v Corbett significantly narrowed the jurisdiction of commissions and tribunals. The High Court held that the Australian Constitution precludes a State tribunal from exercising federal and state jurisdiction, tribunals are not Courts and cannot exercise judicial powers and jurisdiction. A tribunal or Commission not being a ‘court of Read More …
Traditional view and the High Court It has been generally accepted that treaties are not directly incorporated into Australian domestic law by the international act of ratification or accession by Australia. Treaties therefore do not ‘run’ in domestic law unless implemented by legislation.[1] This view has been shared by successive Governments of different political persuasions. Read More …
The Commonwealth Police Force was established under authority of the Commonwealth Police Act 1957 by the Parliament of the Commonwealth, and commenced to operate on 21 April, 1960. One of the primary reasons for establishment of the Commonwealth Police Force was to permit the integration into one service of the two Commonwealth law enforcement agencies, the Commonwealth Read More …
The United Nation slowly and incrementally creeps into the Australian way of life, here we have an example of a Registry set up to monitor clinical trials within Australia. The below trials are being performed by the Peter Doherty Institute. If the vaccine and boosters are safe, why the need for ongoing clinical trials? Are Read More …
Hundreds of accused criminals could apply to have cases against them dropped after a man walked free from jail on the back of the police swearing in bungle. The man, who spent six months in prison on remand, was released on Monday after successfully arguing his arrest and charge was invalid. He was facing a Read More …
Retired Northern Territory lawyer Geoff James has produced two legal opinion essays. The first is a 1,500-word piece, examining the Gunner Government’s decision to use the Public and Environmental Health Act and emergency health declarations to deal with COVID-19 rather than enacting new legislation. Below that is a longer, more detailed piece, that looks at Read More …
In 1973 a scheme beyond the power of the Parliament was pushed upon the monarch and a new title outside of the Sovereign Crown was conceived. This was all done without the knowledge of the Australian people, and once changes made hidden by the Department of Prime Minister and Cabinet and the Australian media. Read More …
‘Health is a state of physical, mental and social well-being and not merely the absence of disease or infirmity’. WHO Constitution, 1948. . The Australian Federal and State Governments response to the SARS-CoV-2 virus is now doing more harm than good. It may cause more deaths, and result in far more negative health effects, than Read More …
So who recently received their Booster shots and died of Heart Attack? Cricketer Shane Warne 52 Cricketer Rod Marsh 74 Labor Senator Kimberley Kitching 52 Second COVID-19 booster flagged for older Australians Older Australians could soon be offered a second COVID-19 booster shot in what would be the start of an annual coronavirus Read More …
If covid 19 can be isolated why was this not used to create a traditional vaccine over the now commonly known dangerous nRMA vaccines? . VIRUS ISOLATION IN TRADITIONAL CELL CULTURES As early as 1913 vaccinia virus was grown in cell cultures, and in the 1930s both smallpox virus (133) and yellow fever virus (94) Read More …
Tasmania has joined the ranks of other Australian states that have decided to scrap virtually all vaccination requirements amid the spread of the milder Omicron variant of the CCP virus. From Feb. 25, proof of vaccination will no longer be required to visit the state and will be removed for venues such as bars, restaurants, theatres, Read More …
Petition Reason The recent US Supreme Court decision to block vaccine mandates noted that Biden’s vaccine mandate was no ‘everyday exercise of federal power’ but rather ‘a significant encroachment on the lives – and health – of a vast number of employees.’ Vaccine mandates in Australia have proven futile to stop the spread of coronavirus Read More …
In October 2015, the Northern Territory government, led by the Country Liberal Party, sold a 99-year lease over land and operations of the Port of Darwin for $506 million to Landbridge Group, the Australian subsidiary of a Shandong-based energy and infrastructure group owned by Chinese billionaire Ye Cheng. Scott Morrison said the absence of an authority to approve or Read More …
By The Rio Times March 5, 2022 RIO DE JANEIRO, BRAZIL – In a 55,000-page set of documents released on Tuesday, the U.S. Food and Drug Administration’s (FDA’s) Center for Biologics Evaluation and Research (CBER) is for the first time allowing the public to access data Pfizer submitted to FDA from its clinical trials in support of Read More …
What can be said about Justice Alex Pazaratz that has not already been said by others? There is no doubt that he “can be counted on to tell it like it is;” is “thoughtful and child-focused;” and is “known for his plain language, storytelling, humour and biting commentary.” All of this is true, but in Read More …
The judge took the side of the insurance company, which refused to pay insurance to the children of a millionaire who died after being vaccinated. In France, the case of a wealthy elderly Parisian businessman who insured his life for many millions and died from COVID-vaccination caused a great resonance. The insurance company refused to Read More …
Australia Digital Passenger Declaration (DPD) Before you start You may complete your DPD using your web browser on desktop or via your mobile device. Before boarding and on arrival in Australia you may be asked to show your DPD. You should either print a copy of your DPD from the summary screen or ensure you Read More …
VAERS data released Friday by the Centers for Disease Control and Prevention included a total of 1,134,984 reports of adverse events from all age groups following COVID vaccines, including 24,402 deaths and 196,203 serious injuries between Dec. 14, 2020, and Feb. 18, 2022. The Centers for Disease Control and Prevention (CDC) today released new data Read More …
The premiers are tearing the federation apart. Let’s hope they succeed very soon. To see my point, just close your eyes and imagine that there were no state borders. Imagine a heavenly hand reaching down to Terra Australis and gently lifting the interconnected borders — yes, even the one around Tasmania. At this stage, I Read More …
Before federation, the colonial boundaries could be altered by the Queen in Council under the Colonial Boundaries Act 1895 (Imp) with the consent of the affected Colonial Parliaments. Since federation, s 123 of the Commonwealth Constitution provides the only constitutional avenue for an alteration in State limits. It provides as follows: The Parliament of the Read More …
Judicial review proceedings brought by three Police and Defence Force workers against the COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021. The High Court upheld the challenge, finding that the Order imposed an unjustified limitation on the applicants’ rights, and that the limit was not demonstrably justified. The Court was not satisfied that the Read More …
Judgment criteria The registration regime for the enforcement of New Zealand judgments in Australia is contained in Part 7 of the Trans-Tasman Proceedings Act 2010(Cth). The types of New Zealand judgments that can be enforced in Australia are broad and include the following: (a) money judgments; (b) non-money judgments; (c) judgments in criminal proceedings that Read More …
The High Court has quashed the Covid-19 vaccine mandate for police and Defence Force staff. The order required Defence Force personnel, and police constables, recruits and authorised officers to have two doses of the vaccine by 1 March, or face termination. Fewer than 300 of the more than 31,000 staff affected by the mandate across Read More …
Officers to be urgently sworn in and legislation to be rushed through state parliament Thousands of police matters could be in doubt after it was discovered more than 1,200 Victoria police officers and protective service officers have been working without the authority to do so for up to eight years. The state’s chief commissioner, Shane Read More …
Historians lay claim the Australia Act severed the last ties Australia had with the United Kingdom, but is this true? If Australia became a ‘sovereign independent nation’ as claimed by the Australia Act in 1986, why in 1999 was there a referendum to remove the Queen and Governor General and replace them with a President Read More …
The Annotated Constitution ~ Quick & Garren Application of Colonial Boundaries Act. (58 and 59 Vic. c. 34.) After the passing of this Act the Colonial Boundaries Act, 1895 49, shall not apply to any colony which becomes a State of the Commonwealth; but the Commonwealth shall be taken to be a self governing colony Read More …
In a recent decision by the President of the Fair Work Commission, notable facts were disclosed by the Commission regarding their actual powers and jurisdiction. Ms Le lodged a general complaint against Virgin Airlines concerning the lawfulness and reasonableness of Virgin Airlines direction to all front line and airport based team members to be fully Read More …
Daniel Andrews has backtracked on introducing major changes to vaccine mandates, admitting the new rule would be “impractical”. Daniel Andrews has backtracked on suggestions Covid-19 booster shots would eventually be mandated for all Victorians. Despite initially pushing for a third-jab mandate and threatening travellers would need a booster to move about the state, Read More …
ANNOTATED CONSTITUTION OF THE AUSTRALIAN COMMONWEALTH. “Such Person as the Queen may Appoint.” These words refer to the appointment of an acting Governor-General or Administrator of the Government of the Commonwealth, appointed under commission by the Queen. This officer, when so appointed, is authorized to exercise all the powers and functions of Read More …
On the 27th of January the Governor General of Australia His Excellency General the Honourable David Hurley AC DSC (Retd) fled the Commonwealth of Australia after being served with an enquiry to the validity of his office pending. The Governor of Victoria has been appointed as Administrator by herself on January 27th 2022. Read More …
Western Australia Government Gazette No.62 of May 2nd, 2018 correctly commissioned under the Letters Patent of 1986, has been validly constituted under Letters Patent. Does this mean the Governor of the other several States of the Commonwealth fail to be correctly constituted and therefore invalid? Has the line of authority between Her Majesty and the Read More …
Section 51(xxxviii), “Matters Referred to the Parliament.” This sub-section evidently contemplates a class of subjects which have not been transferred to the Federal Parliament by the Constitution; which are still within the competence of the State Parliaments to deal with separately and independently, but as to which it may be Read More …
Unsatisfied with a judicial Decision or the decision of an Executive Officer? At common law, the availability and scope of judicial review is a consequence of the judicial remedy sought. These remedies are the prerogative writs of habeas corpus, quo warranto, mandamus, certiorari, and prohibition, as well as the equitable remedies of injunction Read More …
Mask-wearing requirements in state and territory public health orders At various times during the COVID-19 pandemic, state and territory governments in Australia have made it a requirement for people to wear a face mask in certain settings. The different rules and exemptions around face masks are set out in the relevant state and territory public Read More …
Introduction The Federal Court of Australia (the “Federal Court”) was created by the Federal Court of Australia Act 1976 (Cth) under the authority granted to Parliament by s 71 of Ch III of the Australian Constitution (the “Constitution”) to create federal courts other than the High Court of Australia. The Federal Court was once a Read More …
A 51 page complaint to the Chief Commissioner of the Australian Federal Police, Reece Kershaw. Many Australians are standing up to the challenge of tyrannical government. The forcing of vaccines upon the Australian public indirectly due to no authority existing to directly do so. Will the authorities act upon their oath to protect the public Read More …
Australia is currently experiencing a sharp rise in Covid-19 cases, hospitalisations and deaths, but according to official New South Wales Government data, it isn’t the unvaccinated population who are to blame. Instead Australia is very much experiencing a pandemic of the vaccinated, with 9 in every 10 cases, and hospitaliations, and 8 Read More …
New analysis suggests the NHS will be unable to diagnose and treat the estimated 300,000 people living with aortic valve stenosis, which occurs when one of the heart’s main valves stiffens and narrows Hundreds of thousands of over-55s are suffering from a silent heart condition which could kill 40,000 Brits in the next five years. New Read More …
. The office of Governor of New South Wales fails to be constituted under Letter Patent, the direct line to exercise the Queens prerogative powers was severed in 1987 with the enactment of Act No. 64, Constitution Amendment Act 1987. If section 9 provides the Letter Patent ceases to have effect, what constitutes the current office Read More …
Submissions from the recent 6th Circuit Court case on vaccination. A highly recommended read. It is well established that certain sectors of society are at far greater risk from Covid-19 than other sectors. Having co-morbid conditions is the most important risk and older age is the most widely used proxy for comorbidities. Persons with obesity, Read More …
In 1994 the Letters Patent of 1986 for the State of Victoria constituting the office of Governor for and within the State of Victoria ceased to have effect as enacted now by the Victorian Parliament. The Letters Patent for the Governor first issued in 1900 provided the following: And whereas it has become necessary to make Read More …
Lindell, one of the Attorney Generals law officers prepared the following document which evidences the knowledge in 1973 prior to the creation of the Royal Style and Titles Act 1973, that no enumerated head of power exists under the Constitution to create an alternate title for the Queen. . NAA: A5034, SRI973/2001 Attorney-General’s Department, Canberra, Read More …
The First Legislature In 1823 the British Parliament passed an Act “for the better administration of Justice in New South Wales and Van Diemen’s Land, and for the effectual Government thereof; …”, in line with a general policy which had been developed allowing controlled legislatures in the British colonies. The Act, usually called “The Read More …
The office of Governor of Queensland fails to be constituted under Letter Patent, the direct line to exercise the Queens prerogative powers was severed in 1987 with the enactment of Act No. 73, Constitution (Office of Governor) Act 1987. If section 13 suspends the Letter Patent what constitutes the current office and what power and authority Read More …
President Joe Biden has suffered another legal setback to his efforts to coerce Americans into getting vaccinated against Covid-19 – this time with a federal court blocking mandated jabs even for employees of his own administration. US District Court Judge Jeffrey Vincent Brown in Texas ruled on Friday that the mandate overstepped Biden’s authority as Read More …
In a recent Constitution Watch post we correspond with the Federal Court, cc’ing in various Serbian Consulates, Parliaments and Embassies informing the Court of their jurisdictional errors in the Djokovic case debacle, we present for you the reply and further response. https://constitutionwatch.com.au/notice-to-the-federal-court-of-jurisdictional-error-in-the-matter-of-djokovic-v-minister-of-immigration-citizen-migrant-services-and-multicultural-affairs-mlg116-2022/ Veliki Pozdrav, Greetings Victorian Registry of the Federal Court Australia, . . Thank Read More …
In an open society, a nation’s legal system, and its judiciary, will always be exposed to international influences. Even when unrecognised, or unacknowledged, they will be reflected in the substantive and adjectival law applied by judges, in the structure and status of the judiciary, and in its relationship with the other branches of government. The Read More …
JUDGES: CHIEF JUSTICE ALLSOP, JUSTICE BESANKO and JUSTICE O’CALLAGHAN The Commonwealth of Australia granted Novak a temporary visa on dated 18 November 2021, attached. Once the decision is made to grant the visa, the decision maker is functus officio and cannot revisit the decision because they have changed their mind made an error within Read More …
Instead of bringing an end to this pandemic as promised, the widespread rollout of the experimental vaccines has actually caused a sharp increase in Covid-19 cases and deaths across the world, according to a recently published preprint study that looked at data from the 145 of the most vaccinated countries in the world. The 99-page Read More …
Novak Djokovic’s lawyers have painted Australia’s effort to deport him as “irrational” and “unreasonable” in an eleventh-hour bid to reinstate the tennis star’s visa and allow him to remain in the country to defend his Australian Open crown. With just hours to go before the first ball is served at Melbourne Park, Djokovic’s high-powered legal team Read More …
A U.S. patent by Richard a Rothschild with a priority date of 13/10/2015 in the nature of a method provided for acquiring and transmitting biometric data (e.g., vital signs) of a user, where the data is analyzed to determine whether the user is suffering from a viral infection, such as COVID-19 was applied for 4 years Read More …
WASHINGTON (AP) — The Supreme Court has stopped the Biden administration from enforcing a requirement that employees at large businesses be vaccinated against COVID-19 or undergo weekly testing and wear a mask on the job. At the same time, the court is allowing the administration to proceed with a vaccine mandate for most health care Read More …
A new study published in the Journal of Natural Products of the American Chemical Society and American Society of Pharmacognosy has shown that isolated cannabinoids or those in hemp extracts have the potential to prevent and treat the infection with the severe acute respiratory syndrome coronavirus 2 (SARS‑CoV‑2) – primarily by blocking viral cell entry. Read More …
The Court Security Act 1980 provides a prohibition to record your own personal affairs in a court setting. But in reality is this true? In Kyriazis v County Court of Victoria [2017] VSC 636, Mr Kyriazis insisted he could record his own personal affairs for his own record, after many heated exchanges with the County Read More …
– NOVAK DJOKOVIC – FEDERAL COURT OF AUSTRALIA 10 January 2021 Before Judge A Kelly VIRTUAL RECORDER ONE This proceeding will be conducted by remote access technology and can be observed by any member of the public. To dial in and hear these proceedings – Call + 61 2 9161 1229 and Read More …
First, Japan’s health ministry acknowledged the growing rate of heart inflammation among the vaccinated population. Then Japan’s public and private sectors were alerted to the fact and forbidden to discriminate against those who refuse the COVID vaccine. Furthermore, Japan has made it clear that “informed consent” is required to receive the vaccine. Japan now insists the vaccine labels Read More …
The High court over more than 100 years has failed to reach a settled interpretation of section 92. The court has embarked on a fundamental reconsideration of the section. From narrow to wide interpretations, all have been unable to sustain the need for laws which correctly regulated interstate and intrastate Trade. Federation was bring a Read More …
On 29 October 1900, Queen Victoria signed two constitutional documents: Letters Patent constituting the Office of Governor-General, and Instructions to the Governor‑General. Some commentators writing at the time thought that the Letters Patent and the Instructions were superfluous, or even of doubtful legality. However, between 1902 and 1920, King Edward VII and King George V Read More …
Section 51(xxxvii), has always been questioned as to its true meaning. A State may refer one of its law making powers to the Commonwealth but so that the law shall extend only to the State who’s Parliament the matter was referred or those States which choose to adopt the law. Legislative powers of the Parliament. The Read More …
Can the States legislate to stop you crossing, independently the State Boundaries by exercising your personal right to do so guaranteed by the constitution? We then explore Cole v Whitfield in the journey of understanding of what section 92 brings to the individual HIGH COURT OF AUSTRALIA Latham C.J., Rich, Read More …
Constitution Act 1900. Covering Clause 2. The provisions of this Act referring to the Queen shall extend to Her Majesty’s heirs and successors in the sovereignty of the United Kingdom. The Annotated Constitution makes the following comments; Page 320 and 323, (relevant part only). HISTORICAL NOTE The clause as originally drawn Read More …
The Charter was passed by Parliament in July 2006. It reflects the government’s commitment to uphold the civil and political rights of Victorians and take those rights into consideration in decision making. The Charter acknowledges that rights are not absolute and can be reasonably limited. The mechanisms in the Charter provide an open and transparent way Read More …
Victorian Attorney-General Jaclyn Symes has amended laws to allow footage from body-worn cameras to be accessed in lawsuits against police and prison guards to either prove or disprove allegations of abuses of power. Under the previous laws, even judges presiding over civil cases were stopped from viewing body camera footage. Ms Symes said: “Body-worn camera footage Read More …
117. Rights of residents in States. A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. But what’s it actually mean? Read More …
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person’s abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up Read More …
Upon retirement 16 long years ago Justice John D. Phillips provided the following concerning words on the corporatising out the Victorian Court system, consistent with our previous posts on the subject of the concept of courts as trading corporations. There is much evidence for those to see with the eyes to see it of the Read More …
In common law countries, the tension between the Executive and the Judiciary is the result of the doctrine of separation of powers. Under that doctrine, the political system of a nation divides its governmental power between a legislature, an executive and a judiciary. In theory, the doctrine constructs a system that avoids concentrating too much Read More …
1. In 2001 the states referred their corporations powers to the Commonwealth by engaging section 51(xxxvii). (xxxvii) matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or Read More …
From the Office of the Chief Parliamentary Counsel an overview of how Acts are developed and the perspectives involved from start to finish. An intricate look at the workings and creation of legislation in respect of the drafting of Bills. This guide will give the reader a general understanding of what constitutes valid law here Read More …
The Victorian Supreme Court was established in 1852 after the Colony of Victoria was officially created in 1851. Section 28 of “An Act for the better Government of Her Majesty’s Australian Colonies” (the Australian’ Constitutions Act)” initially provided for the establishment of the Supreme Court of Victoria: XXVIII. And whereas under an Act of Read More …
The Victorian Constitution has a history spanning back 167 years. There are many unanswered questions about the 1854 / 1855 Constitution. We will now look at how it was created, Why it was repealed and if the power existed in 1975 to repeal it. In March 1854 a Bill entitled “An Act to establish Read More …
THE CREATION OF QUEENSLAND AS A SEPARATE COLONY Prior to separation in 1859, the area now known as Queensland was governed from Sydney as part of the colony of New South Wales. Three Imperial (British) Acts—the Australian Constitution Acts of 1842 and 1850 and the New South Wales Constitution Act 1855 – allowed for the Read More …
An inquiry into the Western Australian Corruption and Crime Commission’s oversight of police misconduct investigations, particularly allegations of excessive use of force, with an examination of: 1. The nature and prevalence of allegations of excessive use of force by WA police officers. 2. Circumstances in which allegations of excessive use of force are investigated internally Read More …
Is there an authority to terminate the Great Seal of the Commonwealth of Australia? The author made request to seek the instrument that overrides, suspends or terminates the “indissoluble Federal Commonwealth under the Crown of the United Kingdom…” as qualified by the second clause that binds the Crown and the fifth clause that binds the Read More …
Different legal usages of the word “declare” and “declaration” throw up the need to consider what it is that a court does when it makes a declaration. It is also necessary to consider what it does not do. That raises the question whether a declaration is, strictly speaking, an exercise of power at all. A Read More …
An complete overview of the operational workings and historical insight to the Western Australian Parliament. From federation to the current day federalism, this 88 page expose provides an array of information from responsible governement, principles of democracy, the three branches of government, roles of the Assembly’s and even your right of reply to the Parliament. Read More …
Has your gym terminated your membership outside of the agreed terms? What can you do? What is an unfair term? A term is unfair if: it causes a significant imbalance in the parties’ rights and obligations under the contract it would cause detriment to the consumer Other examples of unilateral variation terms that Consumer Affairs Read More …
In constitutional monarchies like Australia, as well as Canada, New Zealand, and the UK, a fundamental principle of government is that much of the legal basis for the executive and its powers comes from the historical powers of the Crown. Combined with the Constitution and statutes, the Crown continues to be a fundamental source of Read More …
Victoria Police will pay $11.75 million to a man left paralysed after police officers allegedly used excessive force while responding to a noise complaint. Key points: In documents submitted to the Supreme Court, Chris Karadaglis alleged one police officer placed him in a headlock and applied “increasing force” to his neck Victoria Police has agreed to pay Read More …
A draconian control system put in place by the Parliament of Victoria robbing you of due process of law and providing the Premier of Victoria unvetted unchecked powers that God himself does not possess. The power to declare a pandemic when no pandemic exists. The power to discriminate against different classes of people. The power Read More …
They see themselves as “very special” people, deserving of admiration and, consequently, have difficulty empathizing with the feelings and needs of others … Not only do dictators commonly show a “pervasive pattern of grandiosity,” they also tend to behave with a vindictiveness often observed in narcissistic personality disorder. Adolf Hitler, Mao Zedong (or Tse-tung), Josef Read More …
We present the following information to bring better understanding of the very nature and purpose of the Public Health and Wellbeing Act 2008, specifically PART 8–MANAGEMENT AND CONTROL OF INFECTIOUS DISEASES, MICRO‑ORGANISMS AND MEDICAL CONDITIONS, and PART 10–PROTECTION AND ENFORCEMENT PROVISIONS. When a Bill is presented to Parliament in Victoria it must have an explanatory memorandum and a Read More …
Australia’s family law system must be overhauled to ensure children have a say in the decisions that affect them, a Senate inquiry has been told. The probe has also heard current arrangements leave children open to being misinformed or “played” by their parents in custody and access cases. National Children’s Commissioner Megan Mitchell says there is no Read More …
Since Federation it has been an established principle that the Governor-General in exercising the powers and functions of the office should only do so with the advice of his or her Ministers of State, the principle has not always been followed. The Constitution provides definite and limited powers, although in some cases the ways in Read More …
This paper explores the resolution of conflicting state and territory civil and criminal legislation which is capable of operating beyond the relevant territorial limits of that state or territory, the governing principles, and constitutional framework and relationship with the choice of law principles, the application of extraterritorial operation, resolution of inconsistencies between overlapping laws, Commonwealth Read More …
Is the Digital Identity card a rehashed attempt to bring in another Australia Card? The idea for the card was raised at the national Tax Summit in 1985 convened by the then Federal Labor government led by Bob Hawke. The card was to amalgamate other government identification systems and act against tax avoidance, and health and Read More …
If you feel uneasy about the Chief Health Officers conduct who’s is a doctor, or their performance or the service they provide, trust your judgment. Your doctor may be practising in an unsafe or inappropriate way. There are steps you can take to address this problem. Talk to someone – a trusted friend, a family Read More …
One difficulty for the States with a direct reliance on s 106 is the fact that the continuation of State constitutions in s 106 is said to be ‘subject to’ the Commonwealth Constitution. The heads of legislative power in s 51 are also conferred ‘subject to’ the Commonwealth Constitution but this poses a conundrum: Is s Read More …
Democide is a concept proposed by U.S. political scientist Rudolph Rummel to describe “the intentional killing of an unarmed or disarmed person by government agents acting in their authoritative capacity and pursuant to government policy or high command.”According to Rummel, this definition covers a wide range of deaths, including forced labor and concentration camp victims; Read More …
Acting Senior Sergeant Krystle Mitchell is a sworn member of the Victoria Police in Australia. She has served Victorians for 16 years as a police officer including 6 years at Professional Standards Command – the division responsible for investigating police misconduct, corruption, discrimination and freedom of information, referring investigations to the Independent Broad-based Anti-corruption Commission Read More …
THE EMPLOYMENT STATUS OF POLICE OFFICERS IN AUSTRALIA At common law Australian police do not fall within the employer-employee relationship. This position seems to remain stubbornly persistent despite some cracks in judicial opinion and growing commentator criticism of the failure of the common law to review the status of police. The often quoted authority for Read More …
268.3 Genocide by killing A person (the perpetrator) commits an offence if: (a) the perpetrator causes the death of one or more persons; and (b) the person or persons belong to a particular national, ethnical, racial or religious group; and (c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial Read More …
A Fair Work Commission deputy president has warned against a “medical apartheid” stemming from employers and governments mandating coronavirus vaccines. Aged care receptionist Jennifer Kimber was sacked from a NSW south coast nursing home in July last year after refusing to have a flu jab. The Fair Work Commission refused her permission to appeal on Read More …
Kirby J states in Ruddock v Taylor (2005) 222 CLR 612 “Wrongful imprisonment is a tort of strict liability. Lack of fault, in the sense of absence of faith is irrelevant to the existence of the wrong. This is because the focus of this civil wrong is on the vindication of liberty and wrongdoing on Read More …
In late 1973 there was a silent revolution within the Commonwealth. Without public awareness or consultation the power and authority of the Commonwealth was replaced. The Great Seal of the Commonwealth was defaced and replaced to be that of a new power known as the Queen of Australia. This statutory entity created by the labour government Read More …
Below are the Street wise provision you need to know to navigate your way through the jungles of Melbourne CBD. Did you know Police are withdrawing most fines if you elect to go to court? Please stay safe, out and remember the Principles of Proportionality that the measures used against the general public must be proportionate Read More …
From the author ~ Letters to NSW Speaker Jonathon O’Dea regarding Member for Wakehurst, Minister for Health and Medical Research Brad Hazzard and his violation of s13A (1) (b) of the NSW Constitution Act 1902. Hazzard, by his own televised and recorded statements, has on more than one instance declared his adherence and/or obedience to a Read More …
Victoria Government Gazette No. S 505 Wednesday 15 September 2021 is a government gazette by the Assistant Commissioner, North West Metro, acting as a delegate of the Chief Commissioner of Police under section 10D(1) of the Control of Weapons Act 1990 over the area of Melbourne CBD and surrounding areas, this is in response to Read More …
MURPHY J. ANALYSIS OF THE COMMAND IN S. 92. 11. Meaning of “Trade and Commerce…Among the States”. There has been a tendency to narrow the meaning of the phrase, “trade and commerce” in order to lessen the destructive effects of interpreting s. 92 so that it applies to other than fiscal charges. “…Among the States” has been treated as simply Read More …
The Treaty involved in part the establishment by the two countries of an agreed position on their sovereignty over certain islands. This agree- ment entailed a close examination of the historical factors which indi- cated whether sovereignty over certain islands belonged to Australia or Papua-New Guinea. The agreement also involved the establishment of maritime boundaries Read More …
Research on the creation of a new State in Australia evidences conflicting views about the constitutional requirements for how an area presently forming part of an existing State could become a new State in the federation. The issue of the creation of new States is specifically dealt with in Chapter VI of the Constitution under four separate sections: Read More …
Federal police have charged a South Australian woman for allegedly ordering fake police badges as part of preparations to overthrow the government. Key points: The 49-year-old is a former teacher who has run as a right-wing political candidate in WA Police allege she was part of a group which discussed forming an alternative federal police Read More …
After a recent post on constitution Watch (See below), one of our readers drafted the following My Will letter to her local MP to compel performance to take immediate action to prevent the implementation of any form of vaccine passport, we compel everyone to take Deb’s lead and send YOUR WILL to empower your local member Read More …
A Consent order is an order made by a Court without either of the parties attending. A Consent order can be used to formalise a property settlement, spousal maintenance agreement, parenting arrangements, or all three. It is an administrative process but has the same effect of an order made by a Judge after a trial. The Read More …
It is stressed that the sole purpose of this work is to show the Australian People what their true Constitutional powers are, and how they can lawfully use those powers to obtain the results they want their elected parliamentarians to produce… Arthur A. Chresby 37 pages “]
A notice to the Governor General and the Governors of the State, a call to act for the people of Australia. All members of government, Federal and State are currently negligent in their positions and this document is a call to duty. Please download and forward this to all members of parliament, the office’s of Read More …
Does an indigenous right exist for self determination and therefore a right to choose or not to choose Vaccination? Does this Equal and inalienable Right exist for all within Queensland? HUMAN RIGHTS ACT 2019 – SECT Preamble— Preamble— In enacting this Act, the Parliament of Queensland recognises— 1 The Read More …
Incarceration Nation tells the story of Indigenous incarceration in Australia from invasion to today. Told by First Nations voices, this powerful documentary goes beyond the headlines and statistics to the real people and families who are harmed by our justice system. Tune in this at 8:30 pm on NITV (Ch 34) Documentary Australia Foundation is proud Read More …
When police are compelled to speak out about the system they work within to express concerns of injustice, there is clearly deep systemic corruption being perpetrated by those above and in power. The longer the injustices prevail the sooner Police will join the the people of Australia 🇦🇺 and our way of life can be reclaimed. Read More …
Australian Government deny ex-servicemen medals of honour. When an Australian, any Australian risks his life for freedom and saves the lives of others he is entitled to be recognised for his service to his country. The unsung heroes below need to be recognised for their sacrifice to the country. Too often in Australia servicemen are Read More …
R v Barger [1908] HCA 43; (1908) 6 CLR 41 (26 June 1908) HIGH COURT OF AUSTRALIA Isaacs J. And in Morgan’s Steamship Co. v. Lousiana[62], Miller J. said:—”It has been repeatedly held that when the question is raised whether the State Statute is a just exercise of State power, or is intended by roundabout means to invade the domain Read More …
Augusto Zimmermann provides a concise brief history of the passage of Magna Carta through the ages, we specifically note the removal of Clause 61 “Lawful Rebellion” in 1216 when the Charter was reissued without the controversial clause. Clause 61 was quite revolutionary and was directed personally at King John, for it was never included in Read More …
Constitution Watch is contacted regularly with claims “Article 61” of Magna Carta is a remedy to tyrannical government here in Australia 800+ years after its first version came into existence. The social media claim made by many people states we have the right to lawfully dissent or rebel if they believe they’re being governed unjustly. Other Read More …
PJ Dunning QC (Clive Palmer and his companies legal representation), in Palmer v Western Australia led the High Court to believe that he was challenging the validity of the Act “The Emergency Management Act” W.A. 2005 for contravention of section 92 of the Constitution. Section 92 of the constitution like all of our constitutional guarantees Read More …
Can the Commonwealth and State Governments impose medical service or do they simply have the power to regulate medical service? The regulation of the health system The regulatory mechanisms operating in the Australian health system are a reflection of its overall complexity. State and Territory governments are responsible for licensing or registering private hospitals Read More …
10 High Court Cases COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 92 Trade within the Commonwealth to be free On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free. But notwithstanding anything in this Constitution, Read More …
In Georgiadis v Australian & Overseas Telecommunications Corporation, Mason CJ, Deane and Gaudron JJ observed that: in relation to constitutional guarantees and prohibitions It is often said that ‘you cannot do indirectly what you are forbidden to do directly’ … That maxim is, in fact, an important guide to construction, indicating that guarantees and Read More …
I request all white papers describing the isolation of the COVID-19 aka SARS-CoV-2 virus In human beings, directly from a sample taken from a diseased patient, where the patient sample was not first combined with any other source of genetic material. Note: The word “isolate” indicates: a thing is separated from all other material surrounding Read More …
The public needs to be aware that ever since the inception of the pandemic there has not been one properly argued case either in the High Court nor the Supreme Court in relation to our constitutional guarantees such as the implied freedom of political communication under the Commonwealth Constitution. The case of Palmer v W.A, Read More …
The judgement, delivered by Federal Court judge Richard White, said the National Cabinet had not been established as a committee of the Morrison Cabinet and as such could not be included under the “secrecy exemption” of the FOI ACT. Senator Patrick welcomed the ruling, declaring it a “landmark case” as it could have serious ramifications for Read More …
The use of proportionality reasoning to determine whether there has been an actionable breach of constitutional rights is spreading around the globe. Except in assessing the constitutional validity of legislation claimed to infringe the implied freedom of political communication. If, as claimed in its favour, proportionality reasoning can promote transparency and accountability, should it be Read More …
The Nuremberg Code (1947) Permissible Medical Experiments The great weight of the evidence before us to effect that certain types of medical experiments on human beings, when kept within reasonably well-defined bounds, conform to the ethics of the medical profession generally. The protagonists of the practice of human experimentation justify their views on the basis Read More …
A Perth man has been charged as part of an investigation into a video which claimed to show the Australian Federal Police (AFP) Commissioner calling for the federal government to be overthrown. Authorities said their operation started about two weeks ago when the video began circulating online, which falsely claimed to show Commissioner Reece Kershaw Read More …
Informed consent means that you understand your condition and any proposed medical treatment. You have a legal right to be told any information that relates to your medical condition and treatment. Without this information, you are not able to make a fully informed choice and give valid consent for treatment.Your doctor has a duty Read More …
An individual or organisation who wants to become involved in a proceeding has two options. The first is to become an ‘intervener’ which results in that individual or organisation being joined as a party to the proceedings. The status of intervener brings with it the same rights and obligations as the other parties to the Read More …
Tracking a person can only be done by warrant. SURVEILLANCE DEVICES ACT 1999 – SECT 8 Regulation of installation, use and maintenance of tracking devices S. 8(1) amended by No. 26/2004 s. 7(a). (1) Subject to subsection (2), a person must not knowingly install, use or maintain a tracking device to determine Read More …
TODAY ~ The trial in the matter of Kerry Cotterill v Finn Romanes (in his capacity as the Deputy Public Health Commander) and Brett Sutton (in his capacity as Chief Health Officer) The trial will be heard before the Honourable Justice Richard Niall of the Supreme Court of Victoria from Thursday, July 29 and is Read More …
In the past, empires and nations often took regular censuses. From Babylon to China to India to Russia, governments needed to tax people and conscript soldiers, so they counted men. The practice of using data from a census to inform and direct policy—How much can the government spend on new roads or ships? Will the Read More …
Dr Augusto Zimmermann is Professor and Head of Law at Sheridan Institute of Higher Education, and Professor of Law (Adjunct) at the University of Notre Dame Australia, Sydney campus. Dr Zimmermann was chair and professor of constitutional law at Murdoch University from 2007 to 2017. He is also a former Law Reform Commissioner in Read More …
The Chief Justice said the words, “Civil Conscription” could be properly applied to any compulsion of law requiring that men should work in a specific way. The words in section 51 of the Constitution “so as not to impose any form of civil conscription” were intended to prevent not only civil conscription in the form of enrolment Read More …
A quote from the 1946 Referendum “Case for and Against” public information document.
The Westralian Worker, Friday October 22nd, 1948 Power to provide medical services, but not so as to authorise any form of civil conscription.
The Annotated Constitution of the Australian Commonwealth, This is a remarkable and unique text, which keeps on giving to us, as subjects of the Queen, who are the true beneficiaries of the Constitution of the Commonwealth of Australia. The 1901 Annotated version of the constitution By Quick and Garran was written shortly after Federation. The annotations offers Read More …
Introduction: The judgment by the war crimes tribunal at Nuremberg laid down 10 standards to which physicians must conform when carrying out experiments on human subjects in a new code that is now accepted worldwide. This judgment established a new standard of ethical medical behavior for the post World War II human rights era. Read More …
Oct 28, 2020 Dear FOI Officer, I make this request on behalf of the Original Sovereign Tribal Federation, to which I am authorised to do. Please make the FOI response in the name of the Original Sovereign Tribal Federation. (Please do not provide this email address within the reply). Please find the request below. Read More …
Under the doctrine of informed consent, a doctor cannot perform a medical operation unless he has the consent of the patient. Otherwise, he can be held liable for battery. This requirement can be waived in cases of emergency under specific circumstances: 1) the patient must be unconscious or unable to make a decision. 2) time Read More …
Part I of this paper analyses the current UK constitutional ‘torpor’, arguing that despite what appear to be a number of substantial constitutional reforms in recent decades, the persistent inviolability of parliamentary sovereignty is inhibiting deeper constitutional restructuring. The result is a constitutional law in ‘crisis’ and potentially at the precipice of a paradigmatic revolution. Read More …
We ask our readers what is the official power the High Court of Australia exercises to make its decisions and judgements? One would look to Clause 2 of the Commonwealth Constitution for the answer. So what is jurisdiction? . . . . jurisdiction /ˌdʒʊərɪsˈdɪkʃ(ə)n/ . . . . noun the official power to make legal Read More …
We provide for your oversight the Freedom of Information inquiry requesting advice the Premier received from the Minister for Police and Emergency Services so as to declare a State of Disaster on August 2nd 2020. The Department advices one should not focus on the administrative error of incorrectly dated documents and just the content of Read More …
The failure of NSW Police Force employees to meet the professional conduct standards established in these documents poses a significant risk for employees individually as well as the organisation. As an individual, misconduct demonstrates an inability to act ethically and undermines the capacity to perform effectively while putting ones professional future at risk. Misconduct also Read More …
MANDATORY REQUIREMENTS All employees, contractors, volunteers, students, researchers and persons undertaking or delivering training or education in NSW Health must abide by the Code of Conduct and the core values and principles that it promotes. Everyone working in NSW Health should expect to be treated, and must treat others, with respect, dignity and fairness. High Read More …
In an appeal you ask the Full Court to set aside a decision made by a Family Court judge or Federal Circuit Court judge. An appeal is not a rehearing of the original dispute. Therefore, for your appeal to succeed you must convince the Full Court that the Family Court trial judge or Federal Circuit Read More …
Are you an eligible person? If so you are entitled to concessions of 13% to 17% reduction on things such as utilities and a 50% reduction on council rates. Attached is the government gazette outlining the formula’s involved in claiming the concession from page 1836 to 1844. STATE CONCESSIONS ACT 2004 – SECT 5 Read More …
The below reviews found evidence of widespread problems of governance on the local level, in particular a failure to separate the functions of the councillors adequately from those of the council administration. Many councils had practices that, at best, lead to a lack of transparency and, at worst, allow opportunities for corrupt conduct. Specific recommendations Read More …
FELLOW CITIZENS OF AUSTRALIA: IT’S TIME TO EXERCISE YOUR LAWFUL RIGHT TO RESIST ARBITRARY GOVERNMENT Since March 2020 Australia’s governments, both federal and state, are using their powers to excessively coerce, obstruct or otherwise unreasonably interfere with the life, liberty and property of the citizen. Sir Robert Menzies – our longest serving Prime Read More …
Section 7 introduces the Charter rights that form the remainder of Part 2, and sets out the test for when those rights may be limited. Section 7(1) states that rights contained in the remainder of Part 2, ss 8 – 27, are those that Parliament specifically seeks to promote and protect. Section 7(2) provides for Read More …
To Nick. The essential position at common law has been that an arrest without warrant may be effected where a person is suspected on reasonable grounds of having committed a felony whereas for summary offences, the authority of a statute is required before there can be an arrest without warrant, and there cannot be Read More …
The offence of misconduct in public office provides prosecuting authorities with an ability to charge a public official with an offence that reflects the fact that the circumstances of the offending amount to a non-trivial abuse of the public trust. The cases outlined above provide examples of the types of conduct and procedural breaches that Read More …
In O’Kelly v. Harvey (1882) 10 L.R.Ir. 285 (Q.B.D.). On appeal (1883) 14 L.R.Ir. 105 (C.A.) “An officers paramount duty was to preserve the peace unbroken, and that, by whatever means were available for the purpose.” “The citizen’s right to assemble lawfully and unmolested is more important than police inconvenience.” Connors v. Pearson. Read More …
Today, Bindmans LLP client Keith Neale’s conviction for obstructing a police officer was quashed by the High Court, sitting at Cardiff. In an important judgment on the right to silence, the legal duties of citizens and the operation of Coronavirus Regulations, Mrs Justice Steyn and Lord Justice Dingemans held that justices at Newport Magistrates’ Court had erred Read More …
If local government were to become a third level of government in the Australian constitutional system, then issues would arise with respect to its powers and what rule would apply when local government by-laws were inconsistent with Commonwealth or State laws. The existing rule set out in s 109 of the Commonwealth Constitution would not Read More …
It is necessary to examine the phrase ‘subject to’ in considering the substantive effect of s 46 of the Constitution Act Amendment Act on s 2 of the Constitution Act. The phrase ‘subject to’ indicates which of two or more statutory provisions prevail if there is any inconsistency between those provisions. As Miller JA explained Read More …
Section 21 HRR Act 2006 states; 21 Right to liberty and security of person (1) Every person has the right to liberty and security. (2) A person must not be subjected to arbitrary arrest or detention. (3) A person must not be deprived of his or her liberty except on grounds, and in accordance with procedures, established by law. (4) A person who Read More …
This information for all Victorians is 100% verifiable. It is alleged on July 2020, Detective Sergeant Ash Penry from the Greater Dandenong Crime Investigation Unit arrested Dr Brett Sutton over allegations Sutton had taken a large bribe. VicPol is now in VCAT fighting the release of records of this arrest. The VCAT reference number is: Z848/2020. Read More …
Ministers and policy-makers need to consider fundamental questions around whether government should attempt to change behaviour. Traditional ways of changing behaviour, such as legislation, regulation, and incentives, can be very effective. MINDSPACE does not attempt to replace these methods. Rather, it extends and enhances them, adding new dimensions that reflect fundamental, but often neglected, influences Read More …
Disclaimer This material is provided general guidance only and is not to be relied upon as legal advice. What is the right to freedom of thought, conscience and religion or belief? All persons have the right to think freely, and to entertain ideas and hold positions based on conscientious or religious or other beliefs. Read More …
The delegates to the 1890s Constitutional Conventions were well aware that the amendment mechanism is the ‘most important part of a Cons titution’, for on it ‘depends the question as to whether the state shall develop with peaceful continuity or shall suffer alternations of stagnation, retrogression, and revolution’.1 However, with only 8 of 44 proposed Read More …
A lavish documentary film of Queen Elizabeth II’s Coronation in 1953. https://vimeo.com/97806414 29 page document of the Queens Coronation from the National Library of Australia
Reporting Corrupt Conduct Corruption is deliberate unlawful conduct. Some examples are the giving or taking of bribes, giving false evidence, falsifying documents, mistreatment of prisoners in custody and gross abuse of authority. Corrupt conduct is not about making honest mistakes which can be dealt with through good management practices at the local level. Read More …
Yesterday the Victorian Labor government released its report into the ‘gig economy.’ The 228-page report should be read as a declaration of war against self-employed, small business people across Victoria, and Australia. This is so because a key recommendation calls for laws that would effectively make self-employment illegal. The recommendation (page 193 of the report) Read More …
Judicial review in the administrative law sense originated in the 17th century when various prerogative writs, so called because they issued in the name of the Crown, began to be issued against administrative bodies. These writs, such as certiorari, prohibition and mandamus originated in the 13th century, but were originally confined to review of the Read More …
This case note argues that despite the interprative width now accorded to s 51(xx) the Corporations Power, the underlying rationale is still dependent on the need to establish a ‘sufficient connection’ with the business of corporations in order for legislation relying on this head of power to be valid. 28 pages.
The positivist view of English common law holds that human rights were basically the residue of liberty left over by enacted law and then concerned with civil and political rights. This view was reflected in the Magna Carta of 1215, the Bill of Rights of 1689 (GB) and the American Declaration of Independence of 1776. Read More …
The principles of the Universal Declaration on Bioethics and Human Rights Article 3: Human dignity and human rights Human dignity, human rights and fundamental freedoms are to be fully respected. The interests and welfare of the individual should have priority over the sole interest of science or society. Article 4: Benefit and harm In Read More …
Public authorities The meaning of ‘public authority’ (s 4) Overview Section 4(1) defines the term public authority for the purposes of the Charter. The full definition can be found below. The emphasis of the definition of public authorities: is on matters of substance, not form or technicalities. This accords with the statement in the second Read More …
Practitioners should serve their clients competently and diligently. They should be acutely aware of the fiduciary nature of their relationship with their clients, and always deal with their clients fairly, free of the influence of any interest which may conflict with a client’s best interests. Practitioners should maintain the confidentiality of their clients’ affairs, but Read More …
The purpose of these Rules is to assist solicitors to act ethically and in accordance with the principles of professional conduct established by the common law and these Rules. In considering whether a solicitor has engaged in unsatisfactory professional conduct or professional misconduct, the Rules apply in addition to the common law.A breach of these Read More …
Drafting Committee – Members Establishment of the Committee In February 1947, in accordance with a decision from the first session of the Commission on Human Rights (E/259), a group consisting of Eleanor Roosevelt, Pen-Chun Chang and Charles Malik, began drafting the International Bill of Human Rights. With assistance of the UN Secretariat, the task of formulating a preliminary draft Read More …
Early attempts to establish a constitutional procedural due process principle have relied upon the separation of judicial power and operated within the doctrinal framework provided by R v Kirby; Ex parte Boilermakers’ Society of Australia.1 Such attempts focused on developing a concept of ‘judicial power’ that included a minimum standard of procedural fairness. Although this Read More …
This article reviews the High Court’s emerging jurisprudence on the institutional integrity of state courts. It begins by surveying the Court’s recent decisions in this area. The authors argue that these decisions can usefully be placed into four interrelated categories, concerning the constitution of state courts, impermissible grants of jurisdiction, impermissible withdrawal of jurisdiction and Read More …
Under mainstream corporate law, their principal mandate is to pursue profit for their shareholders. Indeed, under most of the national laws under which they operate, if they deviate from that goal they may be punished, including by their shareholders. We should never confuse the economic rights of corporations (or of investors) for the rights of Read More …
Section 13 states: Privacy and reputation A person has the right— (a) not to have his or her privacy, family, home or correspondence unlawfully or arbitrarily interfered with; and (b) not to have his or her reputation unlawfully attacked. The right in s 13 is a negative obligation which comprises prohibitions on: unlawful or arbitrary Read More …
Scientific research has produced substantial social benefits. It has also posed some troubling ethical questions. Public attention was drawn to these questions by reported abuses of human subjects in biomedical experiments, especially during the Second World War. During the Nuremberg War Crime Trials, the Nuremberg code was drafted as a set of standards for judging Read More …
Mobile road safety camera site selection investigation. The purpose of this investigation is to determine whether mobile road safety camera deployment complies with the physical field criteria contained in the Victoria Police Mobile Road Safety Camera Policy and Operations Manual. DOES THE MOBILE SPEED CAMERA THAT DETECTED YOUR VEHICLE COMPLY? 8 pages. Read More …
Alan Kohler asks: If an arm of government buys government debt, then is it really debt? ANALYSIS In the 12 months to the end of March, the government ran a deficit of $196.2 billion. Over the same period, the Reserve Bank bought $200 billion worth of government debt, with money it materialised from thin Read More …
Existing common law causes of action There are a number of existing causes of action at common law which can, in some cases, be used to protect privacy or have the effect of protecting personal privacy. These causes of action protect against physical intrusions upon, and surveillance of, a person and against unauthorised disclosure of private Read More …
Over the past 50 years, the Pentagon’s Defense Advanced Research Projects Agency (DARPA) has produced an unparalleled number of breakthroughs. Arguably, it has the longest-standing, most consistent track record of radical invention in history. Its innovations include the internet; RISC computing; global positioning satellites; stealth technology; unmanned aerial vehicles, or “drones”; and micro-electro-mechanical systems (MEMS), Read More …
In 1917, Ryan and the Labor party attempted to have the Council abolished by popular referendum. The campaign was ill-fated from its inception. Cabinet decided to hold the referendum on the same day as the Federal election, 5 May 1917. This apparently distracted many voters and government members from the Council abolition question as they became focused Read More …
The High Court has spoken on the subject of forced/mandatory vaccination. In 1945 the Court provided the following on the subject matter of vaccination & immunisation? The Answer quite clearly from the High Court of Australia is NO. Attorney-General (Vic); Ex rel Dale v Commonwealth (“Pharmaceutical Benefits case”) (1945) HCA 30; Read More …
In Victoria a certificate of roadworthiness is generally required when a vehicle is sold or reregistered or as part of a mandatory periodic inspection requirement for a bus or taxi. In some cases a certificate of roadworthiness is also required to clear a Vehicle Defect Notice. A certificate of roadworthiness can only be issued by a Licensed Vehicle Tester Read More …
The purpose of the Arrangement is to give effect to a scheme implementing mutual recognition principles between the Parties relating to the sale of Goods and the Registration of Occupations, consistent with the protection of public health and safety and the environment. The objective of the Arrangement is to remove regulatory barriers to the movement of Read More …
Communism is a political ideology born in the 19th century that set as its objective the building of a classless society in which all means of production and all that is produced is owned in common by all members of society. Private property is replaced by public property. Communism is totalitarian by its nature. Its Read More …
Before a new prescription medicine can be available for use in Australia, the TGA assesses it for safety, quality and efficacy. There are three pathways the TGA can use to assess a prescription medicine: the standard pathway, the priority review pathway and the provisional approval pathway. Priority review and provisional approval are pathways that fast Read More …
CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 – SECT 12 Freedom of movement Every person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it and has the freedom to choose where to live. Lawfully within Victoria The right in s 12 applies only to people who Read More …
The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature that such devices should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature? If men were angels, no government Read More …
COMPETITION AND CONSUMER ACT 2010 – SCHEDULE 2 The Australian Consumer Law 50 Harassment and coercion (1) A person must not use physical force, or undue harassment or coercion, in connection with: (a) the supply or possible supply of goods or services; or (b) the payment for goods or services; Read More …
Section 101 of the Constitution provides that: There shall be an Inter-State Commission with such powers of adjudication and administration as the Parliament deems necessary for the execution of maintenance, within the Commonwealth, of the provisions of this Constitution relating to trade and commerce, and all laws made there under. 16 pages 14 pages
You have the option to not provide consent to a control order. However, where a person refuses to provide consent, the Commonwealth Chief Medical Officer may mandate compliance. In relation to measure regarding self-isolation or isolation at a medical facility, or a traveller movement measure, a person who does not consent must comply for the Read More …
The first principle of Australian administrative law is that judicial review of administrative action is limited to the legality of decisions, not the merits. Parliament marks out the metes and bounds of the decision-maker’s power, and within those boundaries, the decision-maker is free to reason and determine matters as he or she likes. As His Honour Read More …
A person is not criminally responsible for an act or omission on account of unsoundness of mind if at the time of doing the act or making the omission he is in such a state of mental impairment as to deprive him of capacity to understand what he is doing, or of capacity to control Read More …
One way to interpret this is that we have two guidelines, one to prevent heating and, a more restrictive guideline, to prevent biological effects, some of which can have serious health consequences. What is striking is that what we used to call microwave sickness (group of symptoms associated with radar workers) has been called neuroasthenia Read More …
This is one of the first large scale reviews of the literature on the biological effects of microwave and radio frequency radiation and it first appeared in 1971. The author classified the biological effects, into 17 categories. These categories include heating (thermal effects); changes in physiologic function; alterations of the central, autonomic and peripheral nervous Read More …
Dr. Glaser compiled his first radio frequency (RF)/microwave bioeffects bibliography in 1971 (PDF, 12.7MB), as a result of his Ph.D. His studies, into non-ionizing radiation exposure from RF/microwave sources–and potential adverse effects on military personnel–led to the development of the RF bioeffects laboratory at the Naval Medical Research Center. Dr. Glaser then funded, managed, and Read More …
Researcher Zorach Glaser, Ph.D. spent decades archiving studies that examine the link between certain health issues and exposure to microwave and radio frequencies. Scholars and the public are now invited to help review Glaser’s documents. Zorach (Zory) Glaser Ph.D., LT, MSC, USNR, is one of the most important scientists to study Read More …
I INTRODUCTION The overarching principle in Australian child protection law is that the best interests of the child are to be regarded as paramount. Despite the large amount of scholarly work that considers the best interests principle as it applies to family law, the adequacy of this principle for child protection matters has not been explored Read More …
Commonwealth At the establishment of the Commonwealth the framers had, therefore, three versions of empowering provision from which to choose. It would seem that the issue was not one considered to be of any moment by the majority of delegates and stimulated little interest at the convention, with the result thats s51and 52 of the Read More …
Extraterritorial Application of Australian Statutes Australian statutes are restricted generally in their operation to activities that take place within the relevant jurisdiction. 1 In effect, this means that statutes are presumed to have no extraterritorial application. Unless, either by express words or necessary implication a statute applies beyond the boundaries of the relevant jurisdiction, it Read More …
Does section 51(xxxviii) provide a source of power to grant the States Extra Territorial Operation? Quick and Garren Annotated Constitution page 650. (xxxviii.) The exercise within the Commonwealth, at the request or with the concurrence of the Parliaments of all the States directly concerned, of any powerwhich can at the establishment of this Constitution be exercised Read More …
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 10-Q . . . (Mark One) ☒ QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2020 OR ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Read More …
The Relationship between the Statute of Monopolies and the Law of the Time The first point to be made about the Act itself is that it has been considered to be ‘nothing more than a declaration of what the common law had always been; this perspective is, however, limited to the regulation of patents for Read More …
I have flown within Australia using this pass and received excellent service and zero hesitations from airport and airline staff so as to allow me to pass unhindered, transit & fly without the use of a face mask. DOWNLOADS I am exempt from wearing a face-covering for valid reasons – blue badge (jpg) I am exempt Read More …
Blackburn v Attorney-General [1971] 2 All ER 1380 LORD DENNING MR: In this case Mr Blackburn – as he has done before – has shown eternal vigilance in support of the law. This time he is concerned about the application of Her Majesty’s government to join the Common Market and to sign the Treaty of Read More …
How many Queens does Australia have? Not drama queens or the queens that frequent Kings Cross, but constitutional Queens? Is there just one ‘Queen of Australia’ or is there also a Queen of New South Wales and a Queen of Queensland? In 1974, Joh Bjelke-Petersen’s government sought to declare the Queen ‘Queen of Queensland’. In Read More …
Proceedings of a symposium held by the Department of the Senate and the Rule of Law Institute of Australia to commemorate the 800th anniversary of the sealing of Magna Carta Contributors Dr Rosemary Laing has served as Clerk of the Senate since December 2009. Nicholas Cowdery AM QC is the chair of the Magna Carta Read More …
From: Anna Fleming [DPMC] Department of the Prime Minister and Cabinet March 20, 2017 Dear Andre Thank you for your email of 2 March, seeking clarification following our response to your Official Information Act 1982 request of 2 February 2017. ‘The Laws of New Zealand’, an encyclopaedic work that provides a statement of the law Read More …
The Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 6 set out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4) and (5)). Sections 1 to Read More …
Original New Zealand Constitution as issued 1852. WHEREAS by an Act of the Session holden in the third 3 and 4 Viet. and fourth years of Her Majesty, chapter sixty-two, it c. 62. was enacted, that it should be lawful for Her Majesty, by Letters Patent, to be from time to time issued under the Great Read More …
The Imperial Laws Application Act 1988 provides that the enactments and subordinate legislation specified in the schedules to the Act together with the common law of England, insofar as it was already part of the laws of New Zealand, are the only ‘Imperial’ laws inherited from the United Kingdom which are of effect in New Read More …
The 1912 Arms was a symbol of the new nation, incorporating a shield with six parts, each containing the badge of a state. The distinctive composition of Australia’s Coat of Arms, shaped by the dominant figures of the indigenous animals, the kangaroo and the emu, underlies the wide appeal of the Arms. Read More …
WHAT IS THE CROWN? Though Australia has not yet thrown off the symbolism of the Crown, its presence in areas of our governmental systems is relatively confined. True it is that the Crown and the monarch feature in the Constitution and that this will remain the case for the immediately foreseeable future, but, despite this Read More …
“Opening the Tax act is like entering the door to a parallel universe” Chief Justice Keane told the Australian Financial Review in his first interview in the job. Federal tax legislation runs to almost 16,000 pages. ‘It’s really hard. At the end of the day, our job is to make the best we can out Read More …
Why are Model Litigant Rules Important? In litigation there can be a substantial imbalance of power with the government. Government bodies may have access to substantial resources, powers to investigate and compel people to provide information, and more experience and specialist expertise in dealing with complex and contentious legal matters. If you can spare Read More …
New laws make vaccination reporting mandatory With the COVID vaccine rollout only weeks away, newly passed legislation means GPs will soon have to report all administered vaccines to the AIR or face a potential fine of more than $6000. From 1 March, all vaccine providers will be required to report influenza vaccinations to Read More …
Laws that have a significant impact on rights and liberties, and laws creating offences with high penalties, should usually be in primary, not delegated, legislation. More generally, wide and vague delegations of legislative power undermine the separation of powers doctrine by allowing those who enforce the law to also make the law. Read More …
It has come to the attention of Constitution Watch some medical practitioners and public hospitals are refusing to supply personal health records. If you are experiencing medical belligerence the Health Records Act provides you a RIGHT of access to the records and a penalty is waiting for those entities that resist your RIGHT of request Read More …
This guide is intended for use by entities covered by the Privacy Act, including organisations, agencies, credit reporting bodies (CRBs), credit providers and tax file number recipients.2 However, this guide may also be relevant to organisations not subject to the Privacy Act as a model for better personal information security practice. This guide is not Read More …
The 2015 update of the 10th edition of The Australian Immunisation Handbook contains updates to 24 chapters including changes to clinical recommendations as well as new factual information and clarifications (refer below). The chapters updated as part of the 2015 annual update supersede previous versions of these chapters published in the original 10th edition (in Read More …
State or Federal? The high court has found that state entities may be corporations and fall under federal legislation The High Court in the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail has found that QR was a trading corporation for the purposes of section Read More …
Is it a constitutional corporation? Which tests to use: Activities test as per Adamson Case 1979, unless it has not begun or barely begun its business then look to the purpose test (State Superannuation Board, 1982). (*Note if the corp has only existed for small amount of time probably discuss both, also always only look Read More …
Perhaps the most remarkable development in my time in the law has been the growth of public law cases. Fifty years ago there were hardly any. The principal diet of the House of Lords consisted of commercial and tax cases. Now the Supreme Court is predominantly a court of public law, often performing the role Read More …
This Act including every regulation hereunder shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any regulation hereunder would but for this section have been construed as being in excess of that power it shall nevertheless be Read More …
Right now, a second Nuremberg tribunal that is in preparation, with a class action lawsuit being set up under the aegis of thousands of lawyers worldwide behind the American-German lawyer Reiner Fuellmich, who is prosecuting those responsible for the Covid-19 scandal manipulated by the Davos Forum. In this respect, it is worth recalling that Read More …
Former judges and legal support services have expressed their dismay at the “devastating” passage of legislation that will see the Family Court combined with the Federal Circuit Court, with claims survivors of domestic violence could end up “falling through the cracks”. Key points: The Government has passed legislation to merge the Family Court into Read More …
The “irreversibility” of a procedure is one characteristic, along with numerous other factors which the Court has weighed in deciding similar cases, which has assumed some significance in the jurisprudence with respect to “special medical procedures”, discussed above. Once a child has been immunised, the process itself is irreversible. It is also likely that the Read More …
When a retired Judge speaks out, one can only see through the deception. I came here today to speak the truth, to speak the truth publicly. I hope to say important things… I feel and I have felt for some months now that I am being suffocated with lies. It’s even as if I’m Read More …
Does anything exist allowing the Australian government, the State Governments, the Crown, local government or any of their agents, delegates or subordinates from strict compliance to the Vienna Treaty or the International Covenant on Civil and Political Rights in respect of failing to give proper consideration to those treaties? 4 pages. Read More …
An Act to approve of Ratification by Australia of the Convention on the Prevention and Punishment of the Crime of Genocide, and for other purposes. 4. Approval is hereby given to the depositing with the Secretary- General of the United Nations of an instrument of ratification of the Genocide Convention by Australia. 5. Approval is Read More …
1. Purpose In accordance with the Local Government Act 1989, Council levies Rates and Charges on rateable land to provide for services to the community. The City of Casey recognises there are cases for genuine financial hardship requiring respect and compassion in particular circumstances. This policy sets out the processes for the Council to collect Read More …
For 2018-19 financial year, Council declares a waiver of 100% of general rates and municipal charge under Section 171 of the LGA for the class of persons comprised of ratepayers in respect of assessments which are in private ownership within the inappropriate subdivision known as New Corio Estate. This rates assistance waiver recognises the financial Read More …
The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of Australia as a nation, and the Commonwealth as federal government of that Read More …
PUBLIC HEALTH AND WELLBEING AMENDMENT (NO JAB, NO PLAY) ACT 2015 (NO. 55 OF 2015) – SECT 5 New sections 143A, 143B, 143C and 143D inserted After the heading to Division 7 of Part 8 of the Principal Act insert — (Principle Act is Public Health and Wellbeing Act 2008). ” 143A Application Read More …
Kirby J used this interpretive approach to hold that the words “medical and dental services” in s 51(xxiiiA) “also include, of necessity, the patients who are the recipients of the provision of such services” (at [124]). He continued (at [125], [126]-[127]): The purpose of incorporating a prohibition on “civil conscription” in the provision of such Read More …
In a much-quoted passage, Brennan J said in Mengel that the core of misfeasance lay in ‘the absence of an honest attempt to perform the functions of the office’.[141] His Honour said that there was such an absence if the defendant had acted invalidly and with malice, knowledge or reckless indifference, and he may well have intended that Read More …
Whereas in the first year of the reign of your Majesty and of our late most gracious sovereign lady Queen Mary (of blessed memory) an Act of Parliament was made intituled (An Act for declaring the rights and liberties of the subject and for settling the succession of the crown) wherein it was (amongst other Read More …
None shall be taken upon suggestion without lawful presentment Whereas it is contained in the Great Charter of the Franchises of England, that none shall be imprisoned nor put out of his freehold, nor of his franchises nor free custom, unless it be by the law of the land; It is accorded, assented, and established, Read More …
PART II-IMPERIAL ENACTMENTS PRESERVED OR TERMINATED 5. Preserved Imperial enactments. Each Imperial enactment specified in the First Schedule shall, from the commencement of this Act, continue to have the same force and effect, if any, as it had in Queensland immediately prior to the commencement of this Act. 6 pages. If you Read More …
None shall be put to answer without due process of law No person be put to answer without presentment before justices, or matter of record, or by due process and writ original, according to the old law of the land: And if any thing from henceforth be done to the contrary, it shall be void Read More …
None shall be condemned without due process of law No person of what estate or condition that the person be, shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of the law.
The original Act as enacted ~ an untainted version of the Criminal Code Act 1899 (Queensland). Constitution Watch would like to thanks our good friends at the Community Law Group Queensland for supplying the following historical document. Original Rights of Queenslanders can be found and claimed as by Right. If you can spare Read More …
This book is presented to you to reveal the other side of the coin so you can rise above both sides, forgive, move on and understand your true potential. We are at a great time when the two forces of Lucifer and Christ require choice. The last 12 years provide a new revelation of this Read More …
Some families experiencing vulnerability and disadvantage may face difficulties accessing immunisation services and documentation. The law recognises that these families need additional time and help. It provides a grace period that allows the child to enrol and attend the service. The 16-week grace period starts on the first day of the child’s attendance at the Read More …
Alleged revenue raising – the evidence Revenue from parking fines is trending downwards, The investigation confirmed the Council’s revenue from parking infringements dropped in 2018-19. This was due to a 17 per cent reduction in the number of parking fines issued in 2018-19, compared with the previous year. As a consequence, the income generated from parking fines Read More …
From 2006 to at least 2016, Glen Eira, Port Phillip and Stonnington councils were found to have breached the Infringement Act, which requires councils to handle parking fine reviews internally. The three councils do not believe they broke the law but have agreed to repay the fines out of “goodwill”, ombudsman Deborah Glass said. 52 Read More …
Scope of Agency This agency includes the Lieutenant-Governor (1851 to 1855) and the Governor (from 1855), as well as the Governor’s Office. Formal Structure of Government in Victoria and Role of Governor from 1855 The formal structure of Government and the role of the Governor are set down in the Victorian Constitution Act 1975 (No.8750), Read More …
A rare history of Local Government in Australia and the fundamental foundation for its existence… From early history within every State in Australia, Conspectus Acts relating to Local Government to a chronological table of principal Acts relating to Local Government. 334 pages.
Australian Treaty Series 1974 No 3 DEPARTMENT OF FOREIGN AFFAIRS CANBERRA ILO Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organise (San Francisco, 9 July 1948) Entry into force generally: 4 July 1950Entry into force for Australia: 28 February 1974 AUSTRALIAN TREATY SERIES1974 No. 3 Read More …
The High Court of Australia is a prescribed authority and agency under the Freedom of Information Act 1982 (Cth) (‘the Act’). One of the requirements imposed by the section 8 of the Act is that the Court develop and publish an Information Publication Scheme Plan which details what information the Court proposes to publish and Read More …
Inalienable rights recognise that rights are given by God to all men equally. They are absolute, not awarded by human power, not transferable to another power, and incapable of repudiation. No government can give or withdraw them, they merely recognise them and protect them. Natural rights are close in concept to human rights and inalienable Read More …
Can a direction (Which is not a statutory provision) from a medical officer limit your freedom of movement? The ex-attorney general for Victoria clearly stated that the Human Rights and Responsibilities Act 2006 was in full force during the pandemic, section 12 provides the following: CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 – Read More …
The AMA has adopted the World Medical Association’s (WMA) Declaration of Geneva as a contemporary companion to the 2,500-year-old Hippocratic Oath for doctors to declare their commitment to their profession, their patients, and humanity. The AMA Executive Council has formally embraced the Declaration as AMA policy, with the new voluntary vow setting ‘guiding principles around Read More …
Australian Treaty Series 1963 No 32 DEPARTMENT OF FOREIGN AFFAIRS AND TRADE CANBERRA Agreement between the Government of Australia and the United Nations relating to a Seminar on the Role of the Police in the Protection of Human Rights (Canberra, 13 May 1963) Entry into force: 13 May 1963 AUSTRALIAN TREATY SERIES 1963 No. Read More …
As an integral part of the United Nations do Australian Law Enforcement agencies have an obligation under the UN Manual on Human Rights Training for the Police? This manual provides law enforcement with the tools to incorporate principals of the Charter in their daily tasks and duties. To date Australia has a poor human rights Read More …
This document released by the United Kingdom government assets publishing service sets out the parameters for British Subjects in relation to the Commonwealth of Nations countries, but are you aware a Right still exists within Australia to become a British Subject officially at law? 5 pages.
In the Halsbury’s Law of England Sedition has been defined as follows, “Sedition is a misdemeanour at common law consisting of acts done, words spoken and published, or writings capable of being a libel published, in each case with an intention i) to bring into hatred or to excite disaffection against , the queen or Read More …
If the executive and legislative functions are concentrated on a single body, the citizens would be in fear of tyrannical rule by the government through arbitrary misuse of powers. Without the doctrine of separation of powers, the country’s liberty shall be at stake as there will be risks of it being ruled in a bureaucratic Read More …
Imagine being woken up in the middle of the night by two people yelling at each other from inside your property. A NSW woman awoke at 2am to find her son and a stranger yelling in her garage. Her son told the man to leave, and when Mrs Ibbett arrived in the garage, she did Read More …
Assignment and novation are not the same. Assignment and novation can be used to effect changes in your business and are used to achieve different things. Assignments Under an assignment, you keep performing your obligations under the contract but give some rights to a third party. For example, an assignment could be relevant if you Read More …
Much of Australian constitutional law involves the consideration of implications said to be found within the Australian Constitution. The development of the notion of ‘implied rights’ has brought the topic to prominence, but implications are of great significance in all areas of interpretation. This article, the first of a pair, examines how and when constitutional Read More …
Inorganic Mercury: When eaten in large amounts, some inorganic mercury compounds can be very irritating and corrosive to the digestive system. If repeatedly eaten or applied to the skin over long period of time, some inorganic mercury compounds can cause effects similar to what is seen with long term mercury vapor exposure, including neurological disturbances, Read More …
The Australian Immunisation Handbook 9th edition (1.3.3) provides valid consent must be given prior to a vaccine procedure and can only be given after the relevant potential risks and benefits have been fully disclosed. For consent to be legally valid, the following elements must be present: It must be given by a person with legal Read More …
Attorney-General (Vic); Ex rel Dale v Commonwealth (“Pharmaceutical Benefits case”) [1945] HCA 30; (1945) 71 CLR 237 (19 November 1945) HIGH COURT OF AUSTRALIA I illustrate the position as I understand it by taking public health legislation as an example. Under s. 51 (ix.) the Commonwealth Parliament has power to make laws with respect Read More …
The U.N. itself has established the Office on Genocide Prevention and the Responsibility to Protect and asserts that the obligation to prevent and punish genocide “have been considered as norms of international customary law and therefore, binding on all States, whether or not they have ratified the Genocide Convention.” Read More …
Constitution Watch would like to thank Maddocks lawyers for the extensive checklist stating the requirement of what construes a valid infringement notice in the State of Victoria. These points are found in the relevant regulations. Quite often agencies hope you are unaware of these requirements for the infringement to be a valid infringement, it is Read More …
BARTON J. The legislation of a body created by and acting under a written charter or constitution is valid only so far as it conforms to the authority conferred by that instrument of government. Therefore attempted legislation, merely at variance with the charter or constitution, cannot be held an effective law on the ground that the authority conferred by that instrument includes a power to alter or to repeal any part of it, if the Read More …
Recommendation 14–1 Commonwealth, state and territory governments should review police procedures and practices so that the law is enforced fairly, equally and without discrimination with respect to Aboriginal and Torres Strait Islander peoples. 14.19 Throughout this Inquiry, a number of stakeholders informed the ALRC that police practices and policies contribute to the over-incarceration of Aboriginal Read More …
As in other organisations, officers in a police service, from the Commissioner to the officer on patrol, are all called upon to exercise discretion. The focus in this article, however, is exclusively on the generally “lower level” exercise of discretion with respect to law enforcement (investigation, search, arrest, prosecution, etc) and public order policing, in Read More …
Is the Governor Generals Oath to the Monarch consistent with the requirements of the Letter Patent commanding the oath of allegiance to be that of the Schedule within an Act to constitute the Commonwealth of Australia? 4 pages, see section V. COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SCHEDULE OATH I, A.B. , do Read More …
Mr CRISP (Mildura) — The Legal Profession Uniform Law Application Bill 2013 is an important bill for The Nationals as it seeks to address some cross-border anomalies for representation in border areas. Statement of compatibility For Hon. E. J. O’DONOHUE (Minister for Liquor and Gaming Regulation), Hon. G. K. Rich-Phillips tabled following statement in Read More …
Is this evidence of an unaccountable legal system facilitated by corrupt government? LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 – SECT 6 Override of Charter of Human Rights and Responsibilities Act 2006 (1) The Charter of Human Rights and Responsibilities Act 2006 has no application to— (a) Schedule Read More …
Part 2 — Fundamental duties of practitioners Paramount duty to court and administration of justice A practitioner’s duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty, including but not limited to a duty owed to a client of the practitioner. Read More …
The concept of Doctrine of Identification finds its roots in the English Law. The growth of this doctrine has helped in the implication and prosecution of the criminal activities of directors / managers of many companies. The corporate personality of a company is different and separate from the promoters, directors or owners of the company. Read More …
This legislation arose from requests for the lease of islands off the Queensland coast. Before this Act, Queensland had control of all islands within three miles of the coast and New South Wales controlled those beyond this limit. Queensland established a northern government centre at Somerset on Cape York during 1864 (relocated to Thursday Island Read More …
This paper has attempted to address the role of the courts as the third branch of government within the constitutional framework of the State. That analysis has demonstrated that the Commonwealth Constitution is by far the most significant instrument bearing upon the role and powers 47 pages.
There exists a mechanism to uplift a matter to the Supreme Court of Western Australia from the Magistrates court to an aggrieved litigant. MAGISTRATES COURT ACT 2004 – SECT 36 36 . Supreme Court’s powers to control Court (1) If a person is Read More …
An informative source on the High Court of Australia’s view of the construction of Acts, the Constitution, and how they are to be construed and interpreted. HIGH COURT OF AUSTRALIA State of Tasmania Plaintiff; and Commonwealth of Australia and State of Victoria Defendants. H C of A 8 June 1904 Read More …
The House of Lords in the Sussex Peerage Case12 in which Tindal LCJ said: The only rule for the construction of Acts of Parliament is, that they should be construed according to the intent of the Parliament which passed the Act. If the words of the Statute are in themselves precise and unambiguous, then no more can be necessary Read More …
The focus of attention in the argument of Mobil is not the defendant, but the group members. That inverts the usual principle as to the jurisdiction of a court, which is the capacity to exercise power over a defendant. In Laurie v Carroll9, Dixon CJ, Williams and Webb JJ quoted the statement of Viscount Haldane10 Read More …
“At a time of global power shifts, increasingly fragmented and insular national politics, and events characterised as ‘profound’ blows to fundamental freedoms being played out across the globe, the Law Council believes it is time to consider a renewed commitment to the fundamental, universal norms of human rights – born out of the horrors of Read More …
” the relevant cases that the factors determining whether an act by a judge is a “judicial” one relate to the nature of the act it self, i.e, whether it is a function normally performed by a judge, and the expectations of the parties,i.e, whether they dealt with the judge in his judicial capacity.”435 U.S Read More …
Whether or not there was a general principle depending upon necessity or upon an implied mandate from the lawful Sovereign, which recognised the need to preserve law and order within territory controlled by a usurper, no such principle could override the legal right of the Parliament of the United Kingdom to make such laws as Read More …
Australian Treaty Series 1985 No 4 DEPARTMENT OF FOREIGN AFFAIRS CANBERRA Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters (Sydney, 18 December 1978) Entry into force: Read More …
Applied for an Internal Review? Have the guidelines been met so as to be in harmony with your fundamental Rights to go to your brother to work the matter out? A great mis-justice is being cast upon the unsuspecting drivers of Victoria. Always be sure to confirm the reviewer has standing so as to review Read More …
In his chapter in Historical Foundations of Australian Law, Mr J.S. Emmett similarly observes that: “There was no notion in the 13th century that statutes needed to come from two houses of Parliament. Rather, there was a range of different statutory instruments by which the King might give law, including charters (by which the King Read More …
THE LAW REFORM COMMISSION OF WESTERN AUSTRALIA Project No 75 United Kingdom Statutes in Force in Western Australia REPORT OCTOBER 1994 The Law Reform Commission of Western Australia was established by the Law Reform Commission Act 1972. Commissioners Chairman Mr P G Creighton BJuris (Hons) LLB (Hons) (WA) BCL (Oxford) Members Dr P Read More …
Australian Treaty Series 1994 No 27 DEPARTMENT OF FOREIGN AFFAIRS AND TRADE CANBERRA Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland providing for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (Canberra, 23 August 1990) Entry into force: Read More …
Foreign judgments may be enforced in Australia under the Foreign Judgments Act 1991 or, if that Act does not apply, pursuant to common law principles. Registration and enforcement pursuant to the Foreign Judgments Act 1991 The Foreign Judgments Act 1991 provides a regime for the registration and enforcement of judgments obtained in a superior court Read More …
Privy Council (Limitation of Appeals) Act 1968 was interpreted by the Privy Council in 1975, are the words “limiting” and “limitation” the contention that the word did not extend to authorise complete abolition of the right to seek special leave of appeal from the High Court and that the Act of 1968 did amount to Read More …
There are two ways successful UK litigants can have their judgments recognised in Australia Enforcing judgments abroad can be a complex and costly exercise. Fortunately, successful UK litigants can generally have their judgments recognised in Australia without having to relitigate their case. Once a UK judgment has been recognised the judgment creditor can avail Read More …
The Australian people deserve a Government that will act with integrity and in the best interests of the people they serve. Serving the Australian people as Ministers and Assistant Ministers is an honour and comes with expectations to act at all times to the highest possible standards of probity. All Ministers and Assistant Ministers are Read More …
Appeal – Loan agreement and mortgage – Whether the loan agreement and mortgage were unjust under s 76 of the National Credit Code – Securitisation program where third party correspondent assess creditworthiness of borrowers – Third party correspondent fabricated financial details in the loan application – Lender has constructive knowledge of fraud – Lender failed Read More …
Public Officers Chief Justice Robert French AC 22 June 2011, Canberra. The holder of public office in a representative democracy is expected to behave, in his or her official capacity, according to standards which overlap and have different sources. The fields of inquiry about such standards are ethics and the law. 18 pages. Read More …
United Nations Declaration on the Rights of Indigenous Peoples The General Assembly Guided by the purposes and principles of the Charter of the United Nations, and good faith in the fulfilment of the obligations assumed by States in accordance with the Charter, Affirming that indigenous peoples are equal to all other peoples, while recognizing the Read More …
HIGH COURT OF AUSTRALIA NETTLE J FREDERICK CHETCUTI PLAINTIFF AND COMMONWEALTH OF AUSTRALIA DEFENDANT Chetcuti v Commonwealth of Australia [2020] HCA 42 Date of Hearing: 13 November 2020 Date of Judgment: 26 November 2020 M56/2020 ORDER There be judgment for the defendant. The plaintiff’s claim made by writ of summons Read More …
In contrast to the current push in countries across the globe to make a coronavirus vaccine mandatory, the 2005 UNESCO Declaration on Bioethics and Human Rights declares that “medical intervention” requires the “free and informed consent of the person concerned.” The UNESCO declaration states in Article 6, “Any preventive, diagnostic and therapeutic medical intervention is Read More …
Legislation is the predominant source of law applied by judges in the common law world today. This is because, even though the doctrine of precedent allows for the development of law by judges through cases, most areas of law are now set down in statutes, and cases primarily concerning their interpretation. Accordingly, advanced skills in Read More …
Oaths are integral to the effective administration of justice in New South Wales. Any improper or dishonest conduct relating to oaths is therefore treated very seriously by the criminal justice system. The Oaths Act 1900 (NSW) prescribes a range of criminal offences for improperly making and administering oaths, affirmations, declarations and affidavits. Those Read More …
“The code does not require credit providers to make inquiries beyond those ordinarily made by prudent lenders. Nor is it intended to place obstacles in the way of those lenders. It is intended to deal with credit providers who lend without making proper inquiries into the debtor’s ability to pay”. “For consumers, its essential features Read More …
The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint Read More …
Is it possible to break a law that has not yet been made? In Australia the answer is yes. Both State and Federal Parliaments have the power to create retrospective legislation: laws that are madeex post facto– after the fact – so that they apply to events in the past. This power sits uneasily Read More …
Royal Titles Act 1953 1953 CHAPTER 9 1 and 2 Eliz 2 An Act to provide for an alteration of the Royal Style and Titles. [26th March 1953] Whereas it is expedient that the style and titles at present appertaining to the Crown should be altered so as to reflect more clearly the existing Read More …
Is there a power to fund local governments that fail to be recognised under the Constitution? Is it not our Right for Government to be open and transparent of the mechanisms used to do that which appears to be beyond the power of the Parliament? We present this and encourage any correction to establish the Read More …
“Courts within the Commonwealth” includes the High Court and all Federal Courts and Courts exercising federal jurisdiction, the Inter-State Commission when sitting as a Court for the hearing or determination of any matter, and all Courts of the several States and parts of the Commonwealth. All Courts within the Commonwealth shall take judicial notice of Read More …
Is the Supreme Court sitting in the prescribed jurisdiction the Parliament of Western Australia has provided? SUPREME COURT ACT 1935 – SECT 16 16 . General jurisdiction (1) Subject as otherwise provided in this Act, and to any other enactment in force in this State, Read More …
Of the law dictionaries in current use, some are combinations of the dictionary and of the encyclopedia. That is, they contain much historical and explanatory matter which is outside of the proper sphere of a dictionary and at the same time they are too brief in respect to their historical and explanatory data to Read More …
The Protection of Human Genetic Information in Australia (ALRC 96, 2003) represents the culmination of a major, two-year inquiry by the Australian Law Reform Commission (ALRC) and the Australian Health Ethics Committee (AHEC) of the National Health and Medical Research Council (NHMRC). The Report, which contains 144 recommendations for reform, is the product of an Read More …
The pre-runner to the Lima Agreement and Agenda 21, this is the UN blueprint for a new economic order based on the redistribution of wealth from the developed countries of the world into the waiting hands of the undeveloped nations of the world. 3 pages
In January 2000 the Attorney-General of Australia, the Hon Daryl Williams AM QC MP, asked the Commission to review the Judiciary Act 1903 (Cth) and related legislation. The terms of reference required the Commission to inquire into and report on whether the provisions governing the exercise of the judicial power of the Commonwealth in civil Read More …
Two relatively recent and overlapping developments potentially offer a new direction for the Indigenous self-determination project, which has been marginalised by Australian governments in recent years: first, the trend towards the domestic protection of international human rights through statutory bills of rights in Australian jurisdictions; and second, the burgeoning recognition of the right of self-determination Read More …
This Australian Capital Territory Ordinance was the pre-runner to the Freedom of Information Act of the Commonwealth and each of the States, this was a blue print of the Acts enacted in 1982 and beyond. This not only applied to the people of the Territory but also extended the people of the Australian community as Read More …
Philip Alston is the Chairman of the United Nations Committee on Economic, Social and Cultural Rights and Director of the Centre for International and Public Law, Australian National University. He was addressing a seminar on the Right to Self-Determination organised by the Human Rights Council of Australia, in Canberra, on 1 September 1992. 3 pages. Read More …
The concept of self-determination is virtually as old as the concept of statehood itself. Since its inception self-determination has undergone dramatic alterations inmany aspects, from a concept initially conservatively applied to issues such as decolonisation, to a justification for the break-up of multi-ethnic states. The concept may now extend towards indicating a right of self-determination Read More …
Research carried out in Australia and elsewhere over the past two decades has constantly shown the psychological benefits to children in maintaining the links with both parents, regardless of the fact that the adult relationship has broken down. However, where parents are abusive, dysfunctional or unwilling to maintain contact, the research shows that the consequences Read More …
The Commonwealth shall not make any law for establishing any religion, orfor imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office of public trust under the Commonwealth: Constitution of the Commonwealth of Australia s 116. Read More …
Where the appellant dredged waterways, excavated soil, and placed the materials dredged or excavated into various other places around the port of Gladstone – where the first, second and third respondents are plaintiffs in a class action brought pursuant to Part 13A of the Civil Proceedings Act 2011 (Qld) – where the respondents allege that, Read More …
An interesting lecture and can be taken to be alike to the Australian scheme currently in play. After 350 years of racial subordination and exclusion, South Africa became a democracy in 1994, under what was praised as the world’s “most progressive” Constitution. Twenty three years later, inequality and dispossession persist, crime and corruption are high, Read More …
The law of belligerent occupation (which from now on we will refer to simply as the law of occupation) governs the relationship between the occupying power, on the one hand, and the wholly or partially occupied State and its inhabitants, including refugees and stateless persons, on the other. It is applicable only in international armed Read More …
About Covid-19: The Great Reset Since it made its entry on the world stage, COVID-19 has dramatically torn up the existing script of how to govern countries, live with others and take part in the global economy. Written by World Economic Forum Founder Klaus Schwab and Monthly Barometer author Thierry Malleret, COVID- 19: The Great Read More …
Privy Council (United Kingdom) — “Letters Patent under the Great Seal of the United Kingdom Erecting and Establishing the Province of South Australia and Fixing the Boundaries thereof, 19 February 1836” [1836] IndigLRes 1 Letters Patent under the Great Seal of the United Kingdom erecting and establishing the Province of South Australia and fixing the Read More …
Is this Evidence of the Crown’s denial to the Original Tribes of Terra Australis to form treaties? Bourke, Richard — “Proclamation By His Excellency Major General Sir Richard Bourke, K.C.B. Commanding His Majesty’s Forces, Captain General and Governor in Chief of the Territory of New South Wales and its Dependencies, and Read More …
“ The rules of Evidence,” says Mr. Wills, “are the practical maxims of legal and philosophic sagacity and experience, matured and methodized by a succession of wise men, as the best means of discriminating truth from error, and of con tracting as far as possible the dangerous power of judicial discretion.” “ Such rules,” “ Read More …
It is necessary to give some consideration at the outset to the common law concept of trespass to land. At common law, trespass to land “is committed by directly and intentionally … entering or remaining upon or causing some object to come into contact with land in the possession of another, without the consent of Read More …
Police members must adhere to all policy, protocols and procedures including those contained in the Police Act 1892, Police Force Regulations 1979, the Police Manual and any other lawful directive. Criminal action, corruption, unlawful conduct, dishonest and unethical conduct, breaches of discipline and conflicts of interest, and failure to report the same, relating to Police, Read More …
After discovering the legal meaning of allegiance in the Butterworths Legal Dictionary the author wrote to the Attorney General of Australia so as to understand what had legally occurred to transfer his allegiance from the Queen of the United Kingdom found at clause 2 of the Constitution to an adopted title created by a Parliament Read More …
On 1 March 1967, Prime Minister Harold Holt introduced the Constitution Alteration (Aboriginals) Bill, which proposed the deletion of words ‘other than the Aboriginal race in any State’ from section 51(xxvi), as well as the deletion of section 127. The amendment would give Parliament power to make special laws for Aboriginal people which, with the Read More …
From student occupations of universities in Paris in 1968 to the Arab Spring of 2011, Mass demonstrations have been the way people demand social change. Article 20 of the Universal Declaration of Human Rights (UDHR), combined with Article 19’s freedom of expression, together ensure the right to gather publicly or privately and collectively express, promote, Read More …
Australia and Britain have remarkably few constitutional guarantees of fundamental rights. This is not to say, of course, that the two countries are without any such protections. The Magna Carta of 1215 (“that great confirmatory instrument … which is the ground work of all our Constitutions”10) and the Bill of Rights of 1689 (“the product Read More …
A group of concerned lawyers have put together the following information to challenge the Australian and State Governments narrative in respect of the Covid19 Pandemic from expert and other evidence that is publicly available in Australia and worldwide, there appears to be strong evidence that there can no longer be a reliance on the premise Read More …
Treason is ‘a crime which has a vague circumference, and more than one centre’. The multiple facets of treason are reflected in the type of hyperbolic language that statutory and common law use to define it. In most jurisdictions, treason is viewed as the reflection of political undercurrents. It is considered as the primary offence Read More …
The author wrote to the Attorney General of Australia to establish if anything existed or was in place to exempt the courts, judges and people of every State and every part of the Commonwealth from the Treason and Felony Act in the practice of denying Her Majesty’s Rightful Title and to establish if anything existed Read More …
Below is a collection of provisions of each of the States and Territories Sentencing Acts to allow one to have a charge dismissed without recording a conviction. Victoria SENTENCING ACT 1991 – SECT 76 Unconditional dismissal A court, on being satisfied that a person is guilty of an offence, may (without recording a Read More …
Petition of Right, 1628, a statement of civil liberties sent by the English Parliament to Charles I . Refusal by Parliament to finance the king’s unpopular foreign policy had caused his government to exact forced loans and to quarter troops in subjects’ houses as an economy measure. Arbitrary arrest and imprisonment for opposing these policies Read More …
The author wrote to the Victorian Department of Premier and Cabinet to establish is there was anything within the State of Victoria to allow Daniel Andrews the power to act with international personality to engage with Sovereign Nations outside of the Commonwealth of Australia.
The ORIGINAL unamended Queensland Constitution of 1867 – found after vigorous research into old Queensland Government Gazette extracts by the Community Law Group Queensland to whom we all provide many Thanks for their contribution!
Queensland Constitution prior to Reprints including sub-section 14 under section 53 concerning sections requiring a referendum. Many thanks to Michelle Lynette of the family Schafer for providing the resource.
This document has been signed by 70 police officers concerned with a takeover within Australia who state ~ We are reaching out to all our fellow police officers across the country, to write a similar letter to their respective police commissioners, or sign our form at https://advocateme.wixsite.com/copsforcovidtruth to show your support for this stance, which Read More …
In 1973 a scheme came about to remove the Commonwealth and create a new entity outside of what the law provides for. The Statute Law Revision Act was hidden for decades to hide this deception played on every Australian without his or her knowledge. A system so slight of hand it has taken many decades Read More …
The Statute Law Revision Act 1973 purports to remove the Commonwealth from every Act of the Commonwealth Parliament, ALP Ministers and Senators assured both Houses there was only a change in the form and that the substance remained, looking back we now know this was a blatant deception by the ALP to deceive the Parliament. Read More …
Are Police acting under their Code of Conduct? NORTHERN TERRITORY OF AUSTRALIA POLICE ADMINISTRATION ACT 1978 14A General orders (1) The Commissioner may, from time to time, in writing, issue such general orders and instructions as are necessary : (a) to secure the good government and efficient working of the Police Force; (2) Without limiting subsection (1), general orders Read More …
It is almost a quarter of a century since the Commonwealth’s Freedom of Information Act 1982 was enacted. At about the same time, similar legislation was passed in New Zealand (the Official Information Act 1982) and in Canada (the Access to Information Act 1985). More than a decade earlier the US had passed its Freedom Read More …
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 …
“…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 …
Are you being lied to Victoria? Part 8—Management and control of infectious diseases, micro-organisms and medical conditions Division 1—Principles applying to the management and control of infectious diseases PUBLIC HEALTH AND WELLBEING ACT 2008 – SECT 111 Principles The following principles apply to the management and Read More …
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 …
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–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 …
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 …
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 …
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 …
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 …
The Federation of Australia and the establishment of a National flag for Australia occurred in 1901, yet there was no formal Coat of Arms for Australia at this time. Australia’s first official Coat of Arms (above) was rudimentary, though managed to capture something special about our country and its relationship with mother England. The use Read More …
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 …
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 …
Here is a response from the Prime minister Scott Morrison, it is in response to Vaccine Non Consent documents sent by the author to the Parliament. Vaccine non consent documents can be obtained from the Solution Empowerment website, you can access the link to Solutions Empowerment at the bottom of the right hand index on Read More …
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 …
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