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 power in any one body of government – the three powers are separated from one another and "none is supposed to trespass into the other's province". Furthermore, no arm of government is supposed to abdicate power to another arm. So what of the separation of powers in the State. Let's take a close look at the State of Victoria. In 2014 the State of Victoria enacted the Court Services Victoria Act with the object to support judicial independence in the administration of Justice in Victoria by establishing a body known as Court Services Victoria to allow Victorian Courts to operate independently of the direction of the executive branch of government, [1]
Court Services also claims to represent the Crown, this apparently does not detract from the independence of Court Services Victoria (A body Corporate) from the direction of the executive branch of government. [2] Court Services role is to support the performance of the judicial, quasi judicial and administrative functions of the Supreme Court, the County Court, the Magistrates' Court, the Children's Court, the Coroners Court, VCAT and the Victims of Crime Assistance Tribunal and to enable the Judicial College of Victoria and Judicial commission to perform their functions. [3]
[1] Section 4, Court Services Act 2014. lhttp://classic.austlii.edu.au/au/legis/vic/consol_act/csva2014274/s4.html
[2] Section 7, Court Services Act 2014. http://classic.austlii.edu.au/au/legis/vic/consol_act/csva2014274/s7.html
[3] Section 8, Court Services Act 2014. http://classic.austlii.edu.au/au/legis/vic/consol_act/csva2014274/s8.html
So lets look and see if there is any truth to the object of Court Services Victoria to support the judicial independence of any direction of the executive branch of government as claimed by the legislator of Victoria within the Court Services Victoria Act 2014. Firstly let's look at the judicial entities as mentioned above Court Services provides its services to so as to support the judicial independence it claims. The Supreme Court, the County Court, the Magistrates' Court, the Children's Court, the Coroners Court, VCAT.
These courts as claimed by Court Services Victoria are independent of the executive branch of government, if this is true why do all the courts in Victoria exist as trading names of a department of the executive government? How could this be possible and where is the evidence of this little known fact? Lets look at the Australian Business Name details for a Victorian Government Entity, a Department of the Executive Government named The Department of Justice and Community Safety, as you can see from the highlights the Courts in Victoria are actually TRADING NAMES of a Department of the Executive Government to which the Executive Department is treading as an Australian Business under an Australian Business Number?
Lets look at the evidence as highlighted in the below 2 pages.
Some questions come to mind in respect of an executive department functioning as an Australian business, Australian Businesses are body corporates created for the purposes of section 51(xx) of the Constitution, in other words a trading corporation. So what is the legal capacity a government is known as, a Body Politic, a Body Politic collects taxes, it does not pay them through an Australian Business number. So when "Government" get in contact with you to do business ask them if it is "The Body Politic" contacting you on behalf of your fellow Australians or a company registered under an Australian Business Number. So are the courts in Victoria set up for Justice or are they simply for profit trading corporations?
https://www.courts.vic.gov.au/news/independence-victorian-courts-and-vcat
