THE MATTER, FORM & POWER OF A COMMONWEALTH

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.

THE HIGH COURT’S DECISION IN BURNS V CORBETT: CONSEQUENCES, AND WAYS FORWARD, FOR STATE TRIBUNALS

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 …

Central Bank Digital Currency Virtual Handbook Chapter-1

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 …

Royal Assent

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 …

THE RELATIONSHIP BETWEEN THE ROYAL PREROGATIVE AND STATUTE IN AUSTRALIA

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 …

The Great Taking

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 …

SUPREME COURT RULES VACCINE MANDATES WERE UNLAWFUL

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 …

Is this a List of Australian Traitors?!?

. 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 …

Norfolk Island NIPD, United Nations Petition

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 …

A Guide to Enforcement Review

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.

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 …

Submission to the Victorian Parliament Law Reform Committee ~ Inquiry into Warrant Powers and Procedures

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 …

Guidance for injuries caused by vaccine administration – COVID-19 Vaccine Claims Scheme

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 …

Vaccination injury compensable: employment “a significant contributing cause” to pericarditis.

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 …

Covid 19 Royal Commission

    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 …

Spent Convictions.

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 …

Covid 19 Class Action filed.

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 …

The Right of Petition.

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 …

LAW AND BORDER – WHO HAS THE POWER TO CONTROL MOVEMENT ACROSS STATE BORDERS?

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 …

Pfizer confirms gene therapy while the Office of Gene Technology are still in denial

  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 …

Māori Government prosecutes four high-ranking New Zealand officials for committing crimes in response to the covid pandemic

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 …

Landmark High Court ruling ~ Victoria’s electric car road tax UNCONSTITUTIONAL!

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 …

TWO HUNDRED YEARS LATER … Report by the Senate Standing Committee on Constitutional and Legal Affairs on the feasibility of a compact or ‘Makarrata! between the Commonwealth and Aboriginal people

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 …

Man awarded $300,000 after suing judge over ‘fundamental errors’ in botched Property Settlement.

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 …

QANTAS AIRWAYS LIMITED & ANOR v TRANSPORT WORKERS UNION OF AUSTRALIA [2023] HCA 27

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 …

Jaw-Dropping Discovery: CDC Data Reveals COVID Vaccine Could Shave Off 24 Years from Men’s Lives!

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 …

Parliamentary Research Brief – Voice Referendum Question May be Constitutionally Invalid For Misleading And Misinforming Voters

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 …

THE INTERPRETERS OF THE CONSTITUTION

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 …

Receiving the Final Report of the Referendum Council: a challenge for public law

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 …

Is the Voice referendum in conflict with The International Convention on the Elimination of All Forms of Racial Discrimination?

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 Kingston Report.

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 …

THE VOICE, Yes or No?

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 …

COUNCIL WATCH VICTORIA

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 …

THE PATH TO INDEPENDENCE: AUSTRALIA’S CONSTITUTION AND HER BRITISH TIES

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 …

Health Dangers of 5G

“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 ~ Australia rejects amendments to the 75th WHA/WHO International Health Regulations

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 …

Robert French ~ ‘The Voice.

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 …

Ask your Representitive the true purpose of the Voice.

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 …

Principles for a human rights-based approach to criminal law proscribing conduct associated with sex, reproduction, drug use, HIV, homelessness and poverty

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 …

The IMF Has Just Unveiled A New Global Currency Known As The “Universal Monetary Unit” That Is Supposed To Revolutionize The World Economy

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 …

Where is the record of the recent visit of Bill Gates with Prime Minister Albanese?

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 …

Queensland Treasury Corporation Prospectus Supplement January 13, 2023

  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 …

International EMF Scientist Appeal calls for greater health protection

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 …

Can you find the Prime Minister Anthony Albanese’s Oath of Allegiance consistent with the parameters prescribed by the Constitution? “We cant?”

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 …

Enforcing the Privacy Act

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 …

THE CONCEPT OF THE CROWN

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 …

Is the Australian Business Registry and ASIC hiding something from the Australian Public?

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 …

Are AHPRA encouraging Doctors to break informed consent laws?

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 …

We’re Australian Doctors actually exempt from liability for Vaccine damage?

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 …

The Theft of your Superannuation.

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 …

Was the Chief Justice of the Federal Court sworn in under the Great Seal of the Commonwealth.

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 …

Who are the Australian Taxation Office?

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 …

New South Wales v Ibbett [2006] HCA 57 12 December 2006

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 …

NSW Police guilty of Trespass.

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 EN4670 – Royal Commission and AHRC Inquiry into Australia’s Covid-19 Response

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 …

WHO Secret Meetings.

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 …

Vaccine crisis communication manual

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 …

Forty-five years of registration statistics, proving vaccination to be both useless and dangerous.

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 …

AUSTRALIA ACTS (REQUEST) ACT 1985 WESTERN AUSTRALIAN LEGISLATIVE ASSEMBLY

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 …

Catastrophic Contagion Global Challenge Exercise.

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 …

Who are APHRA?

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 …

Is Victorian Land Tax Discriminatory and therefore Invalid?

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 …

Report of the Inquiry into the Appointment of the Former Prime Minister to Administer Multiple Departments

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 …

THERE WAS NO VICTORIAN EMERGENCY

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 …

Has the Doctor Patient Relationship been damaged?

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 …

EXCLUSIVE!!! Red Shirts Scandal, Did senior Police pervert the course of Justice?

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 …

Biometric data & the Privacy Act 1988.

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 …

Pfizer CEO pulls out of testifying to EU Parliament COVID panel

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 …

Code of Conduct for Ministers

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 …

The Crime of Criminalising Everyday Life: The Rule of Law Discarded in Victoria’s COVID Response

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 …

Klaus Schwab Says People Will Soon Wear ‘Brain Impants’ so the WEF Can Read Their Thoughts

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 …

Pfizer, FDA, CDC Hid Proven Harms to Male Sperm Quality, Testes Function, from mRNA Vaccine Ingredients

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 …

Great Seal heist: Queen Victoria’s gift to Norfolk Islanders stolen, with rebellious motives suspected

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 …

THE KISSINGER REPORT

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 …

Study casts doubt on accuracy of mobile drug testing devices

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 …

Trespass.

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 …

GEORGE v ROCKETT

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 …

Don’t miss out! Tickets on Sale Now!

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 …

New Science Shows Vaccines Help Omicron Spread: Peer-Reviewed Study

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 …

Statutes and Equity

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.     If you appreciate the Read More …

Can the Commonwealth impose Local Government Rates on a Territory?

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 …

How to make a complaint about Police.

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 …

Is there a power within the Constitution to create Local Government?

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 …

Norfolk Island, A Distinct Colony of the Crown.

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 …

Can you afford $5 a Month?

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

Investigation into allegations of misuse of electorate office and ministerial office staff and resources for branch stacking and other party-related activities

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 …

The Australia Bill UK

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 …

NSW Covid Fine Challenge.

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 ~ Judicial Review.

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 …

REVOKED ~ Digital Passenger Declaration and Vaccination Status.

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 …

The Importance of Judicial Review of Administrative Action as a Safeguard of Individual Rights

  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 …

Royal Succession and the Canadian Crown as a Corporation Sole

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 …

Australian Consumer Law, what are you rights?

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 …

Information Request to establish the Lawful Effect of the Parliament of Australia under the Queen of Australia.

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 …

Clearview AI facial recognition case highlights need for clarity on law

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 …

Facial recognition use found in breach of Australian privacy law

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 …

WORLD HEALTH ORGANISATION implementing of Digital Documentation for COVid-19 test certificates

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 …

COVID UPDATE: What is the truth?

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 …

Man suspected of joining Islamic State wins High Court challenge against government decision to strip him of his citizenship

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 …

Is the Digital Passenger Declaration compulsory?

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 …

UK Government Releases Bombshell Study Showing COVID Vax ‘Increases Risk of Death’ and ‘Kills Hundreds Of Thousands After Five Months’

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 …

Virus vax mandate challenged in Qld court

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 …

Can I travel to Australia if I’m not vaccinated?

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 …

Councils are not Government!

The NSW Court of Appeal decision in Sydney City Council v Reid, a 1994 case in which the Council attempted to prevent a council manager from having his appeal over an unsuccessful application for promotion heard by the public sector employment appeals tribunal. The manager failed to fall within any other category of employee provided Read More …

Strengthening Global Systems to Prevent and Respond to High-Consequence Biological Threats

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 …

WHO Health Treaty ~”Yielding of Sovereignty is considered the crime of High Treason”

“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 …

Did the Governor General act with the Advice of the Executive Council when issuing the Election writs?

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 …

BRUMBY ACTION GROUP INCOPORATED

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 …

CONSTITUTIONAL COMMISSION REPORTS FREEDOM OF INFORMATION.

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 …

Oath of Allegiance Restored in NSW.

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 …

Gov’t Watchdog Uncovers $350 Million In Secret Payments Being Funneled To Fauci, Collins And Others At NIH

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 …

Fee Simple.

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 …

Checkout the Lawful Me Website!

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 …

Should children wear masks?

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 …

Does the Prime Minister have allegiances to foreign powers who fail to act in the best interest of the Australian People?

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 …

Does the Commonwealth have the power to recommend Covid 19 vaccinations and Booster Shots?

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 …

AUSTRALIAN GENOCIDE

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 …

Sign Petition EN4090 – Stop The Digital Identity Legislation (Trusted Digital Identity Bill).

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 …

UNIVERSITY OF QUEENSLAND SUSPENDS VACCINE REQUIREMENTS TO ATTEND CAMPUS

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 …

Public hearings regarding a new international instrument on pandemic preparedness and response

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 …

Queensland Human Rights Commission lays claim vaccine mandate beyond CHO’s power

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 …

Sovereignty in the Australian Federation

    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 …

Tribunals and Commissions are not Courts.

    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 …

Commonwealth Power to Make and Implement Treaties.

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 …

Commonwealth or Federal Police Force?

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 chief health officer’s so-called vaccine mandate is invalid because it exceeds his power

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 …

SECRET DISCUSSIONS BETWEEN THE QUEEN AND PRIME MINISTER 1973.

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 …

Scott Morrison says the government had no authority to reject or approve the leasing of the Port of Darwin to a Chinese company. Is that correct?

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 …

8-Year-Old Boy Dies of M.I.S. 7 Days After Pfizer Vaccine, VAERS Report Shows

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 Story behind the Land Borders/Boundaries & Limits of the Australian States – A Legal and Historical Overview.

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 …

Yardley v Minister for Workplace Relations and Safety

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 …

Enforcing New Zealand judgments in Australia

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 …

Covid-19: High Court quashes ‘unlawful’ vaccine mandate for police and defence force staff

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 …

Administrative bungle means 1,200 Victoria police have been working without proper authority

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 …

Is the Fair Work Commission nothing but a Toothless Tiger unable to exercise Judicial Powers?

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 …

Victorian Premier Daniel Andrews backtracks on big vaccine change

    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 …

THE APPOINTMENT OF LINDA DESSAU AS ADMINISTRATOR.

      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 …

Has Governor General of Australia His Excellency General, the Honourable David Hurley fled the Commonwealth of Australia?

      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 …

LETTERS PATENT ~ GOVERNOR OF WESTERN AUSTRALIA

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 …

Judicial Review.

    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 …

A DETAILED INTRODUCTION TO THE JURISDICTION OF THE FEDERAL COURT OF AUSTRALIA

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 …

Complaint to Chief Commissioner of the Australian Federal Police

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 …

Covid-19 Deaths are rising sharply in Australia and official data shows the Fully Vaccinated account for 4 in every 5 of them

      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 …

Hundreds suffer from silent heart condition that could kill 40,000 people in 5 years

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 …

IS THE REMOVAL OF LETTERS PATENT FOR OFFICE OF GOVERNOR OF NEW SOUTH WALES VALID?

. 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 …

The Covid-19 injections do not confer immunity, & therefore do not meet the definition of a vaccine.

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 …

Is the Office of the Governor of Victoria valid if it ceases to operate under Letters Patent?

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 …

445 MINUTE BY LINDELL

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 Creation of New South Wales.

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 …

Which Power and Authority is the Office of the Governor of Queensland constituted under?

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 …

Federal judge in Texas blocks enforcement of Covid-19 vaccine mandate for government employees

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 …

FURTHER LEGAL ARGUMENT TO SUPPORT THE DECISION IN THE DJOKOVIC MATTER BEING ABSENT JURISDICTION AND THE REQUIREMENT OF THE FEDERAL COURT TO REMAKE THE DECISION ACCORDING TO LAW.

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 …

GLOBAL INFLUENCES ON THE AUSTRALIAN JUDICIARY MURRAY GLEESON*

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 …

NOTICE TO THE FEDERAL COURT OF JURISDICTIONAL ERROR IN THE MATTER OF DJOKOVIC V MINISTER OF IMMIGRATION ~ MLG116/2022

  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 …

145-Country Study Shows Sharp INCREASE of Transmission and DEATH After Introduction of COVID Vaccines

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 court documents

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 …

Cannabinoids Block Cellular Entry of SARS-CoV‐2 and the Emerging Variants

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 …

Listen into NOVAK DJOKOVIC Covid-19 Exemption Trial ~ Federal Court of Australia. (Now with Outline of Court Submissions)

–  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 …

Japan Revokes All Va##ine Mandates, Places Myocarditis Warning on Label

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 …

Queen Victoria & Her Letters Patent creating the Great Seal of the Commonwealth of Australia

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 …

Covering Clause 2

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 …

Police body camera footage allowed in Victorian civil lawsuits

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 …

Section 117 ~ Discrimination.

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 …

Why are the Victorian Courts Trading Names of the Executive Government?

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 …

Corporations Powers. ~ Can the State regulate the employer employee relationship?

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 …

The Legislative Process.

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 …

Has the Supreme Court of Victoria been validly established?

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 …

Live Birth Record Application Form.

Official application to obtain your source document, the Live Birth Record from the Registry of Births, Deaths and Marriages Victoria. Dont forget to meet the identification requirements as stipulated on page four of the application. Before lodging your application you MUST have all supporting documentation certified. Below is an explanatory video to assist the process, Read More …

An examination of the Corruption and Crime Commission’s oversight of excessive use of force allegations against members of the WA Police Force

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 …

Western Australia ~ The Constitution and Roles of Parliament.

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 …

Prerogative Powers.

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 …

Following alleged use of excessive force, Victoria Police to pay $11.75 million to man left paralysed

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 …

The Psychology of Dictators: Power, Fear, and Anxiety

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 …

THE TRUE POWER BEHIND VICTORIAN STATE OF EMERGENCY DIRECTIONS.

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 …

DOES THE FAMILY COURT NEED AN OVERHAUL?

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 …

RESERVE POWERS OF THE CROWN

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. This principle of responsible government is discussed further in the Chapter on ‘House, Government Read More …

THE RESOLUTION OF INCONSISTENT STATE & TERRITORY LEGISLATION

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 …

The New Australia Card?

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 …

State Immunity from Commonwealth Legislation: Assessing its Development and the Roles of Sections 106 and 107 of the Commonwealth Constitution

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 …

The Act of Democide

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 …

Ethical Policing in Victoria.

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 …

Are Police employees of the State?

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 …

What is Genocide?

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 …

Fair Work Commission – Appeal of decisions Jennifer Kimber v Sapphire Coast Community Aged Care Ltd

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 …

Documents relating to the New Great Seal of Australia and the Royal Style and Titles Act 1973

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 …

Freedom of Movement.

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 …

Torres-Strait-Treaty

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 …

THE FORMATION OF A NEW NORTH QUEENSLAND STATE?

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 …

Impersonating a Commonwealth Officer ~ Teresa Van Lieshout arrested over fake police badges

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 …

My Will Letter.

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 …

“Your Will Be Done”

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 “]    

R v Barger [1908] HCA 43

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 …

The Magna Carta ~ Augusto Zimmermann.

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 …

Magna Carta ~ Lawful Rebellion ~ Fact or Fiction?

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 …

Commonwealth-State Responsibilities for Health

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 …

“Movement Between the States shall be Absolutely Free”

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 …

“WHAT CANNOT BE DONE DIRECTLY CANNOT BE DONE INDIRECTLY” ~ ITS MEANING AND LOGICAL STATUS IN CONSTITUTIONALISM.

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 …

Patrick King Transcript.

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 Mc Cloy Test ~ Proportionality and the implied Freedom of Political Communication.

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 …

TRIAL of THE MAJOR WAR CRIMINALS.

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 …

Perth man charged over video of fake Australian Federal Police Commissioner seeking government overthrow

  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 …

PHARMACEUTICAL BENEFITS CASE.

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 …

Annotated Constitution ~ Section 107 ~ Can the states regulate Health?

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 …

Does the Commonwealth and Crown have a Claim of Right over the lands of the Sovereign Tribes of Australia?

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 …

Parliamentary Sovereignty and the Locus of Constituent Power in the United Kingdom

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 …

NSW POLICE CODE OF CONDUCT

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 …

NSW HEALTH CODE OF CONDUCT

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 …

Conflict of interest in local government

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 …

ETERNAL VIGILANCE IS THE PRICE OF FREEDOM ~ Augusto Zimmermann

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 …

POLICE MISCONDUCT

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 …

Neale v DPP – the right to silence, citizens’ duties and Coronavirus Regulations

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 …

Right to liberty and security of person ~ (Human Rights & Responsibilities Act 2006) ~ Section 21.

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 …

MINDSPACE Influencing behaviour through public policy

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 …

THE CONSTITUTIONAL CONVENTIONS AND CONSTITUTIONAL CHANGE: MAKING SENSE OF MULTIPLE INTENTIONS

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 …

Code of Conduct and Ethics ~ Australian Police.

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 …

Dan Andrews (Victoria) declares war on small business – ‘destroy em’ they say!

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 …

Bioethics and Human Rights.

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 …

Human Rights & Responsibilities Act ~ Public Authorities.

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 …

Need to hold a lawyer to account? ~ Professional Conduct and Practice Rules.

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 …

Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015

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 …

Who Drafted of the Universal Declaration of Human Rights?

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 …

Procedural Due Process under the Australian Constitution

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 …

BROADENING THE REACH OF CHAPTER III: THE INSTITUTIONAL INTEGRITY OF STATE COURTS AND THE CONST ITUTIONAL LIMITS OF STATE LEGISLATIVE POWER

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 …

The Belmont Report

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 …

REPORT OF THE ROAD SAFETY CAMERA COMMISSIONER TO THE MINISTER FOR POLICE AND EMERGENCY SERVICES

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 …

Privacy & Trespass.

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 …

DARPA ~ DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

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 …

Victoria Vehicle Standards Information

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 …

Trans-Tasman Agreement.

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 …

Principles of Communism

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 …

TGA ~ Fast track approval pathways

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 …

SHERIFF BILL.

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 …

INTERSTATE-COMMISSION ~ Section 101

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

BIO SECURITY FACT SHEET

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 …

What are the Wednesbury Unreasonableness and Doctrine of Proportionality

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 …

Zory Glaser Microwave Radio Technology Archives documents by title

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 …

Effects Attributed to Microwave & Radio Frequency Technology.

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. Zory Glaser

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 …

Archive of 4,000 Documents Reveals Government Knew Decades Ago About Health Impact of Wireless Technology

    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 …

Peace, Order and Good Government.

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 …

CONSTITUTIONAL POWERS & EXTRATERRITORIAL ENFORCEMENT

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 the Australia Act grant Extraterritorial operation beyond Power?

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 …

Face Mask Exemption Pass Download.

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 …

KEEPING THE QUEEN IN QUEENSLAND – HOW EFFECTIVE IS THE ENTRENCHMENT OF THE QUEEN AND GOVERNOR IN THE QUEENSLAND CONSTITUTION?

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 …

Magna Carta 800 Symposium

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 …

Her Majesty the Queen in Right of New Zealand ~ Does she exist?

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 …

HONOURS AND ARMS: LEGAL AND CONSTITUTIONAL ASPECTS OF PRACTICE CONCERNING HERALDRY AND ROYAL HONOURS IN NEW ZEALAND

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 CROWN.

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 …

Analysis of Model Litigant Rules 2020

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 …

The ‘Australian Immunisation Register Ceasing correspondence and release of Information’ form.

  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 …

Delegating Legislative Power

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 …

The Australian Immunisation Handbook ~ 10th Edition Complete with 2017/18 Update.

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 …

Section 51(xx) CORPORATIONS POWER.

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 …

TRAFFIC ACT 1949 – 1971

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 …

Family Court merger condemned by former judges and legal experts after legislation passed

  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 …

“MAINS v REDDEN [2011] FamCAFC 184”

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 …

Human Rights Treaty ~ Freedom of Information.

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.   If you can Read More …

The City of Greater Geelong 2018-19 Annual Budget and Rating Strategy.

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 …

CONSTITUTIONAL LIMITS ON FEDERAL LEGISLATION PRACTICALLY COMPELLING MEDICAL EMPLOYMENT: WONG v COMMONWEALTH; SELIM v PROFESSIONAL SERVICES REVIEW COMMITTEE

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 …

An Act to provide that certain Imperial enactments in force in England at the time of the passing of the Imperial Act 9 George IV Chapter 83 shall continue in force in Queensland

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 …

Divine Province

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 …

Investigation into review of parking fines by the City of Melbourne

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 …

Victorian Ombudsman ~ Investigation into three councils’ outsourcing of parking fine internal reviews

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 …

Governor (including Lieutenant Governor 1851-1855 and Governor’s Office)

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 …

Freedom of Association and Protection of the Right to Organise.

  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 …

Is the Victorian Travel Permit System in harmony with the Parliaments Human Rights Obligations?

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 …

AMA Adopts WMA Declaration of Geneva 2,500-year-old Hippocratic Oath.

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 …

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

  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 …

British Subject Status?

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.       If you appreciate our work, Read More …

Sedition.

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 …

CONSTITUTIONAL IMPLICATIONS (I) & (II): DOCTRINES OF EQUALITY AND DEMOCRACY

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 …

Mercury Fact Sheets.

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 …

HIGH COURT ~ “Parliament could not pass a law requiring citizens to submit to Vaccination”

    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 …

Genocide Convention Act 1949

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.”           If you can Read More …

Checklist for Infringements.

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 …

Cooper v Commissioner of Income Tax (Qld) [1907] HCA 27; (1907) 4 CLR 1304 (28 June 1907)

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 …

Improving police practices and procedures

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 …

Understanding discretion in modern Policing

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 …

~ HANSARD ~ The Legal Profession Uniform Law Application Bill 2013

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 …

Are the actions of the Victorian Legal Profession exempt from Human Rights and Responsibilities Act 2006~???

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 …

Doctrine of Identification

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 …

TORRES STRAIT LETTERS PATENT 1878 ~ (Queensland Coast Islands Act 1879)

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 …

NO JUDICIAL OFFICIAL IS IMMUNE IF THEY BREAK THEIR {OATH OF OFFICE} UNDER TITLE 18 U.S.C 2381,CANNON # 7

” 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 …

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

  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 …

STATUTORY INTERPRETATION.

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 …

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

  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 …

An Overview of Enforcing Foreign Judgments in Australia

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 …

SHANNON -v- PERMANENT CUSTODIANS LIMITED [2020] WASCA 198

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 …

Forced COVID vaccinations violate UNESCO Declaration on Bioethics and Human Rights

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 …

Have You Taken your Oath of Allegiance to the Correct Monarch ~ Your Honour~???

    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 …

Resolution of disputes with financial service providers within the justice system

“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 …

BRITISH MEDICAL JOURNAL No 7070 Volume 313: Page 1448, 7 December 1996.

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 …

Can the Commonwealth fund a Third Tier of Government known as Local Government?

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 …

The Politics of Inclusion: The Right of Self-Determination, Statutory Bills of Rights and Indigenous Peoples

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 …

The AUSTRALIAN CAPITAL TERRITORY ~ Freedom of Information Ordinance, No. 46 of 1989

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 …

The Right to Self-Determination in International Law — A MATTER OF FORM RATHER THAN CONTENT

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 Right to Self-Determination and International Law

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 …

CHILDREN AND CHILDREN’S RIGHTS IN THE CONTEXT OF FAMILY LAW

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 …

Gladstone Ports Corporation Limited-v-Murphy Operator Pty-Ltd Ors 2020 QCA 250

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 …

High Court of Australia Public Lecture 2017 By Edwin Cameron*

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 …

“Letters Patent under the Great Seal of the United Kingdom Erecting and Establishing the Province of South Australia

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 …

Law of Evidence.

“ 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 …

CODE OF CONDUCT ~ Western Australia Police.

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 …

Common Law Origins.

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 …

Australian Network of Lawyers who are concerned about how laws are improperly used against Australians

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 …

Is anyone in Australia exempt from the Treason Felony Act?

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 …

SENTENCING ACT ~ “Dismiss the Charge”

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 …

FOI ~ Does anything Exist in Victoria to allow Daniel Andrews to engage with Sovereign Nations outside of the Commonwealth of Australia.

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.     If you appreciate our work, please click here to Read More …

Open Letter Concerning the Police Enforcement of ongoing COVID-19 restrictions

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 …

Private Capacity ~ Code of Conduct ~ N.T.

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 …

THE FOI ACT 1982 AND THE FOI ACT 2000 (UK): ARE THERE LESSONS WE CAN LEARN FROM EACH OTHER?

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 …

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

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

Invisible Contracts.

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

United Nations ~ Compulsory vaccination violates the right to informed consent

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

Property Rights.

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

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

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

Estoppel…

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

Identity Theft tool Kit.

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

Independent Investigation of Complaints against the Police

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

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

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

Criminal proceedings 101 ~ from beginning to end

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

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

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