from the Commoner’s Understanding No Technicalities in
law series, brought to you by CorpAu
The courts
of Australia are based on the Roman Code or Roman Curia law.
What this means
is that before you even enter the courtroom doors you are branded as guilty.
The terms
that are used to describe your ‘guilt’ are absolute liability and strict
liability.
The
definitions of the two phrases are as follows:
Absolute
liability – you are guilty and you will be punished.
Strict
liability – you are guilty and you must prove your innocence.
Do not be
fooled by the common catch phrase that you’re “innocent until proven guilty“.
This does
not apply in Australia.
The phrase
only belongs in Hollywood films. Leave it there.
Note there's two facets, civil and criminal: strict-liability. Both are the lack of proof needed or mens-rea to hold person responsible. The civil factor in regards to torts - negligence vs intention.
ReplyDeleteIt also plays into bodies, as in strict-liability on an employee or public-servant, means they take the rap, not the institution unless specified to the contrary in legislation.
Strict-liability can play to your benefit. Example I've used it with Social Security in blocking them from disclosing personal information with Service-Providers/non-government Job-Agencies.
ReplyDeleteI have a sovereign government stance where I attempt to block out all service providers in my Government affairs.
Social Security Public Servants are liable to two year prison sentence if they disclose personal information without an agreement. I'd have to re-examine the federal legislation to see if this still stands though.