Saturday, September 27, 2014
Please note that for the purpose of this article, the validity of law is put aside.
Despite what all interested parties in your matter would say, there are no courts in Australia of competent jurisdiction, but rather are places of business, trading and commerce relying on one fundamental point of contractual law, that being your consent.
The place of business, trading and commerce commonly known as a ‘court’ is also a place of public record and as a result your name (meaning your ‘person’) is displayed publicly together with any other party with an interest to gain entry to your ‘estate name’.
If you decide to hire a lawyer, barrister or solicitor, to ‘re-present’ you are then automatically seen by the system as a mute / dunce, incompetent and as a result unable to speak at the bar table.
Should you consent to attend a court matter, your first question to the person presiding over the matter who may call themselves a judge, magistrate or judicial clerk could be that is this a court of ‘public record’? They have little choice with their answer.
The problem with any matter to proceed, one must be given something called ‘full disclosure’, which includes, the interested parties in your claim (bonds, surities), the details of the insurance company of the premises (in case of injury), OH&S officer’s name, just to name a few examples.
One is also reminded that there is something called ‘due process of law’ that must be adhered to, by all including the judicature, police and the client (you), but in many instances this does not occur in Australia’s corrupt judicial system.
With your consent, for the matter to proceed all evidence in relation to this matter must be submitted to the prosecutor.
CorpAu has obtained information anonymously regarding the criminal activity of a police prosecutor who works from Melbourne’s western district in relation to a matter before the courts.
It has been noted that the police prosecutor, let’s call him ‘Eugene Slapsfews’ stated that he shredded documents he obtained from the defendant that were to be presented before a person calling themselves a judge or magistrate or judicial clerk, in a court in Melbourne’s west.
Perverting or attempting to pervert the course of justice is a serious criminal offence, and as a result has been reported to police, yet to the knowledge of the anonymous source the person stating that they have shredded the evidence is still employed and active in their duties.
It is appalling that the corruption of the Victorian police and the judicature is to such an extent that the criminal is not removed from duties, where he can put ‘clients’ further at risk.
Would you want 'Eugene' to be the prosecutor in your matter?
Would you trust this cop on the beat?
Terror laws clear Senate, enabling entire Australian web to be monitored and whistleblowers to be jailed
Terror laws enabling internet monitoring clear Senate
Australia's spy agency could soon have the power to monitor the entire Australian internet after new anti-terrorism laws passed the Senate on Thursday night.
The government's first tranche of tougher anti-terrorism bills, which will beef up the powers of the domestic spy agency ASIO, passed the Senate by 44 votes to 12 on Thursday night with bipartisan support from Labor.
Attorney-General George Brandis praised the laws being passed. Photo: Andrew MearesThe bill, the National Security Legislation Amendment Bill (No. 1) 2014, will now be sent to the House of Representatives, where passage is all but guaranteed on Tuesday at the earliest.
Anyone - including journalists, whistleblowers and bloggers - who "recklessly" discloses "information ... [that] relates to a special intelligence operation" faces up to 10 years' jail.
Any operation can be declared "special" by an authorised ASIO officer
The senate votes on the bill on Thursday night.
Many, including lawyers and academics, have said they fear the agency will abuse this power.
Those who identify ASIO agents could also face a decade in prison under the new bill, a tenfold increase on the existing maximum penalty.
The new bill also allows ASIO to seek just one warrant to access a limitless number of computers on a computer network when attempting to monitor a target, which lawyers, rights groups, academics and Australian media organisations have condemned.
They said this would effectively allow the entire internet to be monitored, as it is a "network of networks" and the bill does not specifically define what a computer network is.
ASIO will also be able to copy, delete, or modify the data held on any of the computers it has a warrant to monitor.
The bill also allows ASIO to disrupt target computers, and use innocent third-party computers not targeted in order to access a target computer.
Professor George Williams of the University of NSW has warned previously the bill was too broad.
And, unlike the government's controversial plans to get internet providers to store metadata for up to two years, the bill passed on Thursday allows for the content of communications to be stored.
Most groups that had complained about the new bill also said they feared its disclosure offences went too far, with the Australian Lawyers Alliance saying they would have "not just a chilling effect but a freezing effect" on national security reporting.
Attorney-General George Brandis did not seek to allay their concerns on Thursday but said that, in a "newly dangerous age", it was vital that those protecting Australia were equipped with the powers and capabilities they needed.
When the bill passed on Thursday night, he said it was the most important reform for Australia's intelligence agencies since the late 1970s.
On Wednesday afternoon, Senator Brandis confirmed that, under the legislation, ASIO would be able to use just one warrant to access numerous devices on a network.
The warrant would be issued by the director-general of ASIO or his deputy.
"There is no arbitrary or artificial limit on the number of devices," Senator Brandis told the Senate.
However, Senator Brandis did say on Thursday that the new bills did not target journalists specifically, despite concerns from media organisations that they would be targets.
The new legislation instead targeted those who leaked classified information, such as the former US National Security Agency contractor Edward Snowden, Senator Brandis said.
"These provisions have nothing to do with the press."
Despite this, Senator Brandis refused to say whether reporting on cases similar to Australia's foreign spy agency ASIS allegedly bugging East Timor's cabinet and the Australian Signals Directorate tapping the Indonesian president and his wife's mobile phone would result in journalists or whistleblowers being jailed.
The Australian Greens, through Senator Scott Ludlam, put forward an amendment that would limit the number of computers ASIO could access with one warrant to 20 but it failed to gain support from Labor or the government.
Speaking after the bill passed, Senator Ludlam told Fairfax Media he was disappointed.
"What we've seen [tonight] is, I think, a scary, disproportionate and unnecessary expansion of coercive surveillance powers that will not make anybody any safer but that affect freedoms that have been quite hard fought for and hard won over a period of decades," Senator Ludlam said.
"I have very grave concerns about the direction that the Australian government seems to be suddenly taking the country."
Independent Senator Nick Xenophon and Liberal Democratic Senator David Leyonhjelm also put forward amendments that would protect whistleblowers but these did not gain enough support either.
The legislation, which also covers a number of other issues, addresses many of the recommendations of a joint parliamentary inquiry into Australia's national security laws.
After concerns were raised by Labor and Senator Leyonhjelm, the government agreed to amend the legislation to specifically rule out ASIO using torture.
"ASIO cannot, does not and has never engaged in torture," Senator Brandis said.
The Palmer United Party was also successful in amending the law so anyone who exposes an undercover ASIO operative could face up to 10 years behind bars instead of one.
"The internet poses one of the greatest threats to our existence," Palmer United Party Senator Glen Lazarus said, speaking out against Senator Ludlam's amendment.
The Australian Greens voted against the bill, slamming the new measures as extreme and a "relentless expansion of powers" of the surveillance state.
Senator Leyonhjelm and Senator Xenophon also opposed the legislation, as did independent Senator John Madigan.
One of the amendments put forward by Senator Xenophon would have required ASIO's watchdog, the Inspector-General of Intelligence and Security, to report publicly each year on how many devices ASIO accessed.
But Labor and the government voted against it, with Senator Brandis saying it "would not be appropriate" to report figures as it would reveal information about ASIO's capabilities.
The legal changes come amid growing concern over Islamic State extremists in the Middle East and terrorism threats at home.
Islamic State (also known as ISIL) has ordered followers to target civilian Australians.
In less than a week, police in two states launched the biggest counter-terrorism raids in Australia's history, and shot dead a known terrorist suspect after he stabbed two officers in Melbourne.
A second anti-terrorism bill targeting foreign fighters was introduced in the Senate on Wednesday and will be debated next month.
These changes have opposition support and would make it a criminal office to travel to a terrorist hot-spot without a reasonable excuse.
A third bill enabling the collection of internet and phone metadata for a period of up to two years for warrantless access by law-enforcement and spy agencies will be introduced later this year.
smh.com.au 26 Sep 2014
And here is the hidden agenda coming to fruition, using the excuse of 'terrorism', to jail 'whistle blowers'.
The term 'whistle blower' to the average 'lay man' would mean the actions of a person that exposes corruption or illegal activity within a company or organisation or government.
Clearly the government is not interested in exposing illegal and criminal activity, but rather supporting it.
Friday, September 26, 2014
Wednesday, September 24, 2014
FORMER federal speaker Peter Slipper has been volunteering at Meals on Wheels and wants to practise law again once fraud charges against him are resolved, a court has heard.But illness meant he had also become a “pathetic character” since his fall from grace, his defence lawyer told a sentencing hearing at the ACT Magistrates Court.
In July, Slipper, 64, was found guilty of three counts of dishonesty for using taxpayer-funded cab charges to visit Canberra’s wine region in 2010. He is appealing the conviction, for which he faces up to five years in jail.
The former federal MP, who appeared in court today alongside his ex-wife Lyn, will be sentenced on Wednesday.
Prosecutors are pushing for a jail term, while Slipper’s lawyer argues there is no call for him to go to prison.
In final submissions today, his lawyer Kylie Weston-Scheuber argued Slipper’s otherwise good character, poor mental health and “additional punishment” suffered outside court should be considered in handing down sentence.
The court was previously told Slipper had a “major depressive disorder” and had attempted suicide.
“He has become somewhat of a pathetic character by virtue of the illness he has suffered and the way that has impacted on him,” Dr Weston-Scheuber said.
“There is simply no call for a custodial sentence in this case, it’s simply not within range in my submission.”
Dr Weston-Scheuber said Slipper he had lost his job, his relationship with his wife, family friendships, and representation and standing within the community.
She also revealed he planned to practise at the Queensland bar and tendered character references from a wide range of people, including Labor MP Joel Fitzgibbon and former governor-general Peter Hollingworth.
The court heard Mr Slipper had started volunteering at Meals on Wheels one day a week.
Lionel Robberds QC, for the prosecution, said the seriousness of Slipper’s offences was “high” despite the taxi docket fraud amounting to $954.
“He was in a special position (and) the community demanded of him behaviour which did not involve defrauding the commonwealth,” Mr Robberds said.
“What occurred here was deliberate, planned dishonesty by an experienced parliamentarian.”
Mr Robberds said Slipper showed no signs of contrition, and argued the only appropriate sentence was imprisonment.
ACT Chief Magistrate Lorraine Walker said she could not think of two more “diametrically opposed” submissions and told the court she needed time for “careful consideration”.
She will hand down Mr Slipper’s sentence at 1pm on Wednesday.
theaustralian.com.au 22 Sep 2014
Another example how much theft and corruption is in the hands of politicians, where only a handful of cases are brought into the limelight, to teach others to be subservient to the 'faceless men' of politics.
The masses go to jail for not paying a 'parking ticket' whereas the politicians escape jail only to live a life of luxury from taxpayer funded superannuation schemes.
Tuesday, September 23, 2014
THE commission was asked to assess a referral from the Queensland Audit Office (QAO) which claimed 12 senior medical officers (SMO) inappropriately treated and billed private patients in Queensland's public hospitals.
The QAO looked into 88 doctors following concerns raised by Health Minister Lawrence Springborg last year that staff were exploiting a government agreement with SMOs paid an allowance to treat private patients in public hospitals.
The rorting concerns included allegations some doctors may have essentially double-dipped - performing private work while being paid to work in the public system.
It was the second Auditor-General's report into the Right of Private Practice arrangements introduced by the previous Labor government.
On Tuesday the CCC released the findings of an assessment by retired Supreme Court justice Stanley Jones which recommended no investigation into the claims be launched.
Mr Jones's report concluded claims of deliberate dishonesty and attempts to deceive hospital administrators by SMOs was unsubstantiated.
He found whether specialists were entitled to retains fees from treating private patients outside rostered Queensland Health time depended on the interpretation of their contracts, with different hospitals taking different approaches.
Due to the lack of sufficient evidence of official misconduct, the CCC said it supported Mr Jones' suggestion an investigation was unwarranted.
"The CCC notes that the uncertainty around the SMOs contracts has been resolved, and that Queensland Health has accepted recommendations stemming from the QAO report," a statement read.
Information was uncovered to warrant further investigation of two SMOs, with the CCC determining those matters could be dealt with by relevant hospital and health services.
news.com.au 23 Sep 2014
Another example how crime actually pays in Australia, especially if you are at the top of the criminal food chain, e.g. doctors, lawyers, solicitors, judges, etc.
Monday, September 22, 2014
A MAN has been removed from a Tigerair Australia plane after he was observed doodling in a notebook about terrorism at Melbourne airport.A 28-year-old man had boarded a Gold Coast-bound Tigerair flight on Saturday morning, but was ejected by AFP officers before the plane could take off.
Another passenger had complained after seeing the man doodling in a notebook, including writing in bold the letters “terrorismadeup”.
“The irony is I was writing a sentence about the absurdity of the fearmongering when we live in such a happy country of ice-cream and beaches and fluffy things,” Oliver Buckworth has told Fairfax newspapers.
” ... My concern is what it looked like to the rest of the people on the plane. I did tell them as I was leaving, ‘I’m not a criminal. This man simply took something out of context that I was writing in my book’.” Tigerair has confirmed it sought an AFP intervention after receiving a complaint about a disruptive passenger.
The airline had a policy of zero-tolerance in matters of safety, it also said in a statement.
“Safety and security of staff and passengers underpins the operation at all times and is never compromised,” a Tigerair spokesman said.
“As per Tigerair’s conditions of carriage, the airline may refuse passengers to travel for reasons of safety or security and this may include the enforcement of future travel bans.
“As the matter was dealt with by the AFP and is subject to further review by Tigerair, we are unable to comment further at this time.” Earlier this month, the federal government increased Australia’s terrorism alert level to high.
news.com.au 20 Sep2014
The politics of fear mongering.
Truly a sad time for the illusion of freedom in Australia.
High tide: Billionaire Lindsay Fox's seaside estate at Portsea, Victoria. Photo: Luis Enrique Ascui
The Victorian land titles office granted the extra beach land at Portsea to Mr Fox on Christmas Eve.
The move has angered the Victorian government, which is now considering court action against Mr Fox, legislative reform or a planning mechanism to ensure other landowners with similar titles cannot claim public beach space.
Lindsay Fox. Photo: Justin McManus''The government is aware of the significance of this issue,'' Victorian Planning Minister Matthew Guy said on Saturday.
Mr Guy, who said he became aware of the titles office's decision only after his environment minister raised it with him, said the office had ''questions to answer'' and both ministers had issued a ''please explain'' to the agency. He said he was yet to see the advice the agency relied on and the government would now have to clarify the official location of the high-water mark across the whole state.
The extension of Mr Fox's title added 37 per cent more land - or 2400 square metres - to the two main Fox properties on the exclusive Portsea clifftop, extending the boundary past their house-sized boatshed and over the beach by 47.26 metres and 44.40 metres. The billionaire paid a $477.80 application fee for land worth $5.4 million based on recent sales.
Mr Fox has argued for 17 years that the property line of his $20 million family compound extended across the Point King beach to the margin of Port Phillip Bay. What constitutes the bay's margin has been a murky issue. Previous governments rejected Mr Fox's position.
Documents from the land titles office show that on Christmas Eve officials finally accepted the ''doctrine of accretion'' in relation to Mr Fox's property. This old legal principle means that when sand builds up on a beach - as it has at Point King - landowners whose properties abut a coastline can apply to have their title extended as the high-water mark recedes.
Mr Fox's new title goes to the mean high water mark of August to September 2009, as surveyed by the businessman's coastal engineer. It appears the titles office did not independently verify the evidence of the engineer or Mr Fox's surveyor before approving the extension.
Mr Guy said the Fox precedent would only affect those landowners with older titles abutting the coastline.
On Saturday one of Mr Fox's neighbours, Marita McIntosh, said she supported a title extension and that land titles adjoining Point King Beach clearly stated that a property line should begin at high-water mark.
Mr Fox's long-time nemesis, local activist Kate Baillieu, said: ''Poor old Lindsay, he hasn't got enough. It reminds me of a greedy child who grabs something, wraps their arms around it, stamps his foot and shouts MINE!''
Mr Fox was unavailable for comment on Saturday. Fairfax Media understands that he based his application on three precedents in Victoria in which coastal property owners have been given title extensions to the high-water mark.
with Henrietta Cook, Royce Millar