Inquiry into Australia

[ollee]

Inquiry into Australia’s Judicial System, the Role of Judges and Access to Justice

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Committee Secretary
Senate Standing Committee on Legal and Constitutional Affairs
PO Box 6100
Parliament House
Canberra ACT 2600
Australia
Phone: 	+61 2 6277 3560
Fax: 	+61 2 6277 5794
Email: 	legcon.sen@aph.gov.au

 

Inquiry into Australia’s Judicial System, the Role of Judges and Access to Justice

Information about the Inquiry

 

The Senate Legal and Constitutional Affairs Committee is inquiring into Australia’s judicial system, the role of judges and access to justice, with particular reference to:

 

1. the procedure for appointment and method of termination;

2. the term of appointment, including the desirability of a compulsory retirement age, and the merit of full-time, part-time or other arrangements;

3. appropriate qualifications;

4. jurisdictional issues;

5. the cost of delivering justice;

6. the timeliness of judicial decisions;

7. the judicial complaints handling system;

8. the interface between the federal and state judicial system;

9. the ability of people to access legal representation;

10. the adequacy of legal aid;

11. measures to reduce the length and complexity of litigation;

12. alternative means of delivering justice;

13. the adequacy of funding and resource arrangements for community legal centres;

14. the ability of Indigenous people to access justice; and

15. other matters relating and incidental thereto.

 

The reporting date for this inquiry is 17 August 2009.

 

The Committee invites written submissions by Monday 30 March 2009. Submissions should be sent to:

 

Committee Secretary

 

Senate Standing Committee on Legal and Constitutional Affairs

 

Department of the Senate

 

PO Box 6100

 

Parliament House

 

Canberra ACT 2600

 

Australia

 

The committee encourages the lodgement of submissions in electronic form. As the secretariat is in the process of implementing a new system for lodging submissions via the Parliament's website, you will find a link to submit online in the box below. Alternatively, intending submitters requiring further information could also contact the secretariat before lodging your submission.

 

 

NOTE: The new Senate Committee Online Submission System can be accessed at: submissions

 

If you have any questions or experience any problems using this system please contact the Senate Web Administrator at: web.senate@aph.gov.au

 

Notes to assist in preparing submissions are available from the website index.htm

 

or telephone the secretariat on 02 6277 3560, fax: 02 6277 5794, or e-mail at the above address.

 

Once the committee accepts your submission, it becomes a confidential committee document and is protected by Parliamentary Privilege. You must not release your submission without the committee’s permission. If you do, it is not protected by Parliamentary Privilege. At some stage during the inquiry, the committee normally makes submissions public. Please indicate if you want your submission to be kept confidential.

 

Inquiries from hearing and speech impaired people should be directed to the Parliament House TTY number (02 6277 7799). Adobe also provides tools for the blind and visually impaired to access PDF documents. These tools are available at: http://access.adobe.com/. If you require any special arrangements in order to enable you to participate in a committee inquiry, please contact the committee secretary.

For further information, contact:

 

Committee Secretary

Senate Standing Committee on Legal and Constitutional Affairs

PO Box 6100

Parliament House

Canberra ACT 2600

Australia

Phone: +61 2 6277 3560

Fax: +61 2 6277 5794

Email: legcon.sen@aph.gov.au

[ollee]

 someone give my contact to peter till please !! I would like for Peter till to be part of proceedings.

[b]fightingkangaroocourtaustralia[/b] @ gmail.com

 

 

Submission: Inquiry into Australia’s Judicial System, the Role of Judges and Access to Justice, judicial corruption, perverting justice, institutionalised racism/discrimination

 

What if a tree fell in the forest?

 

http://sydney.indymedia.org.au/event/inqui...-access-justice

 

http://www.scribd.com/doc/12938902/Inquiry...cess-to-Justice

 

http://kangaroocourtaustralia.com/

http://iwitness.x24hr.com/kangaroo_court_a...showtopic=11047

 

 

Inquiry into Australia’s Judicial System, the Role of Judges and Access to Justice

Information about the Inquiry

This document to The Senate Legal and Constitutional Affairs Committee inquiring into Australia’s judicial system, the role of judges and access to justice, with particular reference to:

a. the procedure for appointment and method of termination;

d. jurisdictional issues;

e. the cost of delivering justice;

g. the judicial complaints handling system;

i. the ability of people to access legal representation;

j. the adequacy of legal aid;

k. measures to reduce the length and complexity of litigation;

l. alternative means of delivering justice;

o. other matters relating and incidental thereto.

 

The reporting date for this inquiry is 17 August 2009.

The Committee invites written submissions by Monday 30 March 2009. Submissions should be sent to:

Committee Secretary

Senate Standing Committee on Legal and Constitutional Affairs

Department of the Senate

PO Box 6100

Parliament House

Canberra ACT 2600

Australia

The committee encourages the lodgement of submissions in electronic form. As the secretariat is in the process of implementing a new system for lodging submissions via the Parliament's website, you will find a link to submit online in the box below. Alternatively, intending submitters requiring further information could also contact the secretariat before lodging your submission.

Cc: Governor General, Prime Minister, Attorneys General, Federal and States, Australian Federal Police

eewr.sen@aph.gov.au, legcon.sen@aph.gov.au, senator.hogg@aph.gov.au, Julia.Gillard.MP@aph.gov.au, Malcolm.Turnbull.MP@aph.gov.au, R.McClelland.MP@aph.gov.au, laca.reps@aph.gov.au, jsct@aph.gov.au, ewr.reps@aph.gov.au, AOCC-Information-Processing@afp.gov.au, ag@ag.gov.au, rob.hulls@parliament.vic.gov.au, corbell@act.gov.au, minister.stirling@nt.gov.au, records@justice.tas.gov.au, attorney@ministerial.qld.gov.au, office@hatzistergos.minister.nsw.gov.au, attorney-general@agd.sa.gov.au, jim-mcginty@dpc.wa.gov.au, lara.giddings@dhhs.tas.gov.au, minister.porter@dpc.wa.gov.au,

SUBMITTED BY: PHAM

 

 

FOR: Tran Pham Wilson anors

________________________________________________________________________________

_____

Tuesday, 3 March 2009

What safeguards does the Senate have for the following issues regarding and for the protection of common law rules of ultra vires and natural justice, against deprivation of rights under color of law, what is the due process of law, that judges apply the law as passed by the parliament, inter alia, and in conjunction with the attached Notice of a Constitutional Matter:

 

d. jurisdictional issues:

 

1.1) Interpretation of the Commonwealth of Australia Constitution Act, 1900 (U.K.)

1.2) Interpretation Act 1901 (Cth)

1.3) Judicial Act 1903 (Cth)

1.4) Evidence Act 1995 (Cth)

1.5) Privacy Act 1988 (Cth)

1.6) Crimes Act 1914 ( Cth) and Criminal Code Act 1995 (Cth)

1.7) Administrative Appeals Tribunal Act 1975 (Cth)

1.8) Human Rights and Equal Opportunity Act 1986 (Cth)

1.9) Racial Discrimination Act 1975 (Cth)

1.10) Human Rights Act, 1998 (UK)

1.11) Proof of the corpus delecti

1.12) FIAT JUSTITIA, RUAT COELUM

1.13) commonwealth of Australia and united kingdom treaties: Peace Treaty of Versailles on 28th June 1919, League of Nations, Article 2 (1) of the Charter of the United Nations, Geneva Convention Number IV, Article 36 of the Statute of International Justice1966, Declaration on Civil and political Rights, Universal Declaration of Human Rights .

1.14) “Commonwealth Power to Make and Implement Treaties” paragraph 4.13

1.15) At P15 ‘ People Versus Power’ by Sir Kenneth M. McCaw QC (ISBN 0 03 900161 X).

1.16) United Nation Treaties: Universal Declaration of Human Rights, article 5 and 14 (inter alia) International Convention on the Elimination of All Forms of Racial Discrimination, article 14.1 (inter alia) International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights.

1.17) Clause 5 of the Constitution: “This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State;……”

1.18) Clause 5 preamble demands obedience, and s.24 AA (1) (a) 1914 Crimes Act says it is an act of treason not to obey the Constitution.

1.19) Australian Citizenship Act 1948;

1.20) in contempt of the High Court's Coco v The Queen (1994) judgment which ordered a judicial officer to support orders with legislation, which is law pursuant to s.25 Judiciary Act 1903, with regard to High Court decisions;

1.21) with regard to s.40 Judiciary Act 1903.

1.22) The University of Wollongong v Metwally (1984) H.C. decision ruled that the Constitution has self-executing status, that does not require judicial order.

1.23) To swear false oaths affirmations with regard to the Constitution is an act of treason (s.24 AA (i) © 1914 Crimes Act.

1.24) a s.41 and s.30 Crimes Act 1900 indictment of attempted murder.

 

i) collusion and conspiracy by the executive branch, with consent and participation from the judiciary, contrary to the separation of powers of the two branches of government expressed in the Constitution; I have yet to see any evidence of child sexual abuse in the enactment of the racist NT aborigines intervention policy, no one has been charged to my knowledge; VID491/2007; M142/2007 PHAM vs French anors;

ii) protection of rule of law and its vital instruments such as Mandamus, Habeas Corpus, Notice of Constitutional matter; VID491/2007; M142/2007 PHAM vs French anors;

iii) Protection of “beyond reproach” principle, where there is abuse of discretionary powers subject to common law rules of ultra vires and natural justice;

iv) Protection against judges whose actions and conduct ultra vires their jurisdiction; VID491/2007; M142/2007 PHAM vs French anors;

v) Protection against judges, registrars, deputy registrars, prothonotaries and other non-parliamentary commonwealth officials who have no legal capacity under the Constitution to make laws, or to make adhoc rules, ultra vires; VID491/2007; M142/2007 PHAM vs French anors;

vi) Protection against the aforementioned groups giving themselves discretionary powers to disregard, Australian laws and Constitution, and international treaties, ultra vires; VID491/2007; M142/2007 PHAM vs French anors;

vii) In the event that the Attorneys General of the Commonwealth and the States failed to intervene on a Notice of a Constitutional Matter and an Application for the Writ of Mandamus for the ultra vires activities and conduct of High Court, Federal Court judges, and Senior member of the Administrative Appeals tribunal, what protection is there against High Court judges acting as counsel for the defendants and still be independent; VID491/2007; M142/2007 PHAM vs French anors;

viii) Protection for questions of law to be answered by the High Court under s78B; VID491/2007; M142/2007 PHAM vs French anors;

ix) Protection for international treaties that are valid in the commonwealth of Australia jurisdiction: Universal Declaration of Human Rights, article 5 and 14 (inter alia) of International Convention on the Elimination of All Forms of Racial Discrimination, article 14.1 (inter alia) of International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, inter alia; enforceable under Human Rights and Equal Opportunity Act 1986 and Racial Discrimination Act 1975, inter alia; VID491/2007; M142/2007 PHAM vs French anors;

x) Protection against contempt of the High Court's Coco v The Queen (1994) judgment which ordered a judicial officer to support orders with legislation, which is law pursuant to s.25 Judiciary Act 1903, with regard to High Court decisions;

xi) Protections against the commonwealth conspiring to pervert justice and to cause injury; VID491/2007; M142/2007 PHAM vs French anors;

 

 

xii) In the event that this senate committee cannot answer the following legal points in the Notice(s) of a constitutional matter after having received the best legal advice, this Parliament must seek that the FULL BENCH of the HIGH COURT make determination on the questions of law without interference by the Commonwealth of Australia and its executive branch;

e. the cost of delivering justice;

i) protection against the Commonwealth Governor General modifying the Court rules at the behest of the Executive and without Parliamentary oversight, adding rule 11, targeting myself as an individual and as a racial group in total disregard for HREOA1986 and RDA1975; authorized Fee Regulations Rule 11, without authorization of Australian Parliament, and contrary to Australia's obligations to ICCPR article 14.1, inter alia; thereby authorized the Commonwealth's violations of the Plaintiff's Human Rights of access to the High Courts, and lower Courts; VID491/2007; M142/2007 PHAM vs French anors;

g. the judicial complaints handling system;

i) Requests for Senior Member John Handley to disqualify himself for apprehended bias, and to disqualify himself for not doing so;

ii) Requests for North and Gray JJ to disqualify themselves for apprehended bias, and to disqualify themselves for not doing so;

iii) How will the senate committee deal with rogue elements in the judiciary when mandamus had been sought through the courts against judges; what are the safeguards; VID491/2007; M142/2007 PHAM vs French anors;

i. the ability of people to access legal representation;

i) How will the senate committee deal with rogue lawyers who steal from clients without providing legal opinion, and they get protection and coverup by the judiciary; VID491/2007; M142/2007 PHAM vs French anors;

 

 

j. the adequacy of legal aid;

i) How will the senate committee deal with Legal aid Victoria and other charters, who refuse to provide legal opinion, and then get protection and coverup by the judiciary;

k. measures to reduce the length and complexity of litigation;

a. President of HREOC John von Doussa refusing to terminate complaints of racial discrimination under HREOA 1986 46PO (Cth), inter alia, such that they can be heard in the Federal Court, contrary to Australia's obligations to ICCPR article 14.1, inter alia;

b. President of HREOC John von Doussa refusing to report complaints of human rights violations to Australian Parliament under HREOA 1986 46PO (Cth) inter alia;

c. How will the senate seek to enforce HREOA1986 and RDA1975;

l. alternative means of delivering justice;

a. President of HREOC John von Doussa refusing to terminate complaints of racial discrimination under HREOA 1986 46PO (Cth), inter alia, such that they can be heard in the Federal Court, contrary to Australia's obligations to ICCPR article 14.1, inter alia;

b. President of HREOC John von Doussa refusing to report human rights violations to Australian Parliament under HREOA 1986 46PO (Cth) inter alia;

c. How will the senate seek to enforce HREOA1986 and RDA1975;

o. other matters relating and incidental thereto. subject to common law rules of ultra vires and natural justice. The Notice of a Constitutional Matter, Writ of Mandamus against French, Hayne, Gummow, Crennan, North, Gray, Heerey JJ, Warrant for arrest of Senior Member John Handley, counsel Tim de Uray, and lawyer Paul mentor under the Crimes Act and the Criminal Code Act;

i) In June of 2008, grandmother Teresa Thi Tran of Melbourne VIC, died in pain because the Alfred Hospital VIC, and Dr Stuart K Roberts Director of gastroenterology, withdrew her treatment and failed to put her on palliative care, and most importantly, failed to notify her family of her prognosis or the need for palliative care.

 

ii) We tried to apply to the High Court and the Supreme Court of Victoria on Questions of Law regarding this sort of Human Rights violations and racial discrimination. Hayne, Gummow and Crennan JJ refused to hear Questions of Law regarding access to the law and the constitution, rules of law and rules of evidence. Hayne, Gummow and Crennan JJ allowed this grandmother to die in pain and without dignity in her final hours. Hayne, Gummow and Crennan also allowed and authorised through their decisions and non-decisions

a. the racist police abuse and deaths of TJ Hickey and Mulrunji (known as Cameron Doomadgee),

b. the abuse of Vivian Solon and Cornelia Rau,

c. and the incarceration of Lex Wotton and Aborigines for fighting for their home and family;

d. how many others is John von Doussa, the president of HREOC covering up?

 

iii) The case of Teresa Tran is also the direct result of the Australian governments and the Senate and House committees’ on Legal and Constitutional Matters failure to act against the misconduct of John von Doussa. Since 2000, the President of HREOC, John von Doussa, has refused to investigate human rights violations and racial discriminations by the Commonwealth and others, and then refused to terminate the complaints so that they can be heard in the Federal Court. von Doussa also refused to report to Parliament any human rights complaints, as required under HREOA (Cth) 1986 section 46PO, inter alia.

iv) John von Doussa refused to investigate the actions of

a. Qld Health, Gregory Seymour, Suzette Porter, PM Bartold, Rod Marshall, Laurie walsh;

in violating public safety, as Roberts is doing now, whilst rorting the public purse and taxpayers money for their continued employment. Apparently, workplace safeties are only for some persons, we sought to question the High Court Australia who those persons may be. According to Hayne, Gummow and Crennan, Questions of law can’t be heard to protect the public either.

 

v) The conduct of Rosemary Musolino (High Court) and Chris Weymouth (counter staff), Byrne J (Judge, Supreme Court Victoria), Joe Saltalamacchia and Mary Louise Brien (Prothonotary, Supreme Court Victoria) in refusing to seal my Applications in the High Court and the Supreme Court Victoria without legal cause or instruments. Chris Weymouth threatened us physically, and Rosemary Musolino refused to witness our affidavits, such that we had to call the security staff and Joe Logiudice at the High Court, to come assist us in filing our documents.

vi) These individuals were authorised by Hayne, Gummow and Crennan JJ to prevent grandmother Tran from receiving the palliative and/or proper care, when our Writs and Applications were refused in the Supreme Court Victoria and the High Court Australia. Grandmother Tran died in pain and without dignity because we couldn't have legal redress against Roberts and the Alfred Hospital in time to force them to conduct care with due diligence.

vii) Hayne, Gummow and Crennan JJ have destroyed our Australian citizenship without cause or legal reasons, just as they have done against John Wilson, Lex Wotton, Cornelia Rau, Vivien Solon, TJ Hickey and Mulrunji and the Aborigines, and many others.

viii) Conspiring to pervert justice by fabricating documents and evidence;

ix) Conspiring to cause injury;

x) The senate will note that the state of Victoria does have a Bill of Rights 2006, disregarded by Byrne J, Saltalamacchia and Brien;

xi) What safeguards does the Senate have to protect the integrity and application of the rule of law, of Commonwealth of Australia laws, and Australian judicial system within the Commonwealth, and the separation of powers of the Executive and the Judiciary? Are Mandamus and Habeas Corpus and other instruments of rule of law made redundant by any Commonwealth of Australia laws, and/or the Constitution;

xii) Following documents will be attached: Notice of a Constitutional Matter (Tran, Pham, Wilson anors vs Commonwealth);

xiii) Transcript of M142/2007 PHAM vs FRENCH anors;

xiv) Notice of a Constitutional Matter (Pham vs French anors);

xv) Affidavit for pham vs French anors;

xvi) Affidavit for pham vs Byrne, Hulls anors;

 

NOTICE OF A CONSTITUTIONAL MATTER

Edited March 3, 2009 by ollee

[luciddreaming]

What is this about?

Is this how we submit thing like the prop 215 in CA and all that?

Coz I was thinking about looking into how to do that in Australia.