Family violence victim sues police for botching case

If you have been harmed by police you must sue.

Source: The Age

Australian Government Branding Design Guidelines

It's all in black and white, how to use brand name and logo:


Source:
https://drive.google.com/open?id=1g3NStU8hZKigTyVjjK2gooEF8znMLhEV

Australia's NBN the joke of the IT world

The Australian Government's national internet project under the NBN (National Broadband Network) label is a (deliberate) failure at the expense of the hard working Australian tax payers.

As each year goes by Australia's internet speed rating pummels, no thatnks to the NBN.

What's even worse (for the 'consumers') is that when it's finally rolled out across the entire country, it's going to be sub par and obselete, where the corporation aggregate call the 'Austalian Government' will sell off the tax payer's asset (or in this case a liability).

Hip Hip hooray for the imbeciles in charge of the colony we call Australia.

Just as long as plenty of people get 'money for mates' jobs in the associated projects while ripping off the Australian 'tax slaves' in the mean time.

The Australian Government punishes its poor and it's deliberate by design

So, first things first, you should know that Australia was colonised as an 'economic project'  and they got it up and running pretty quickly making it one of the most prosperous places on the planet in its early years.

While China did recently note that the country was once roamed by "rascals and outlaws" what China neglected to mention is that most of them made it into positions of power.

The 'authorities' decided to start off Australia's police force with criminals, which should tell you a lot already.

The people in government were running a mockery, where the imperial government had enough and in 1865 installed the Colonial Laws Validity Act.

The serfs should also know that the Australian capital was designed by a 'brother' for the 'brotherhood'.

Australia was never meant to be a 'peasants paradise' and this is reflected in the law that the brotherhood installs on the people, tax slaves or more recently categorised 'consumers'.

Today,

"... system is aided by a tax system that rewards people the more houses and units they own."

See article from Friday the 13th of September 2019, by news.com.au of the headline:

Wealth in Australia is now determined by how many assets you own

Wealth in Australia was once determined by the type of job you worked and how much money you made. Now experts say there’s a new measure.

An Australian’s wealth was once determined by their employment status, the type of job they had and how much money they made.

But in 2019, there’s a new five-tier measure of wealth based on how many assets you own, according to a team of University of Sydney researchers.

Social scientists Professor Lisa Adkins, Associate Professor Melinda Cooper and Professor Martijn Konings argue that simply having a job and earning a salary are no longer adequate measures of determining class.

“In the present era, where mid-size homes in large Western cities often appreciate by far more in a given year than it is possible for middle-class wage-earners to save from wages, such a continued focus on employment as the main determinant of class is increasingly untenable,” said Prof Adkins.

According to Dr Cooper and Prof Konings, there is now a five-tier asset-based class system in the developed world.

The top ranking is the “investor” group — those who don’t necessarily have an ordinary working wage but “live off the income generated from portfolios of assets through to non-asset owning classes”.

It noted that in Sydney, just under 50 per cent of all apartments were owned by investors — and the statistic is often higher in central areas of the city.

The second highest group are those who own their home outright. The third highest are those who hold a mortgage.

The bottom two categories are called “churners” who have no housing assets. The fourth category are renters who don’t own any properties or have a mortgage. They can be wage renters or welfare renters.

The homeless sit at the bottom rung of the ladder, with no income from assets, wages or the state.

The researchers largely focused on Sydney, the nation’s most expensive capital city for housing, where they found wealth is increasingly denied by those who own property versus those who will forever be priced out of the housing market.

This system is aided by a tax system that rewards people the more houses and units they own.

“While requiring further empirical verification, we believe that our proposed five-point asset-based class scheme will go some way in explaining how the current structural mutation of capital is central to the production of a new social structure of class,” the report stated.

“In short, we see our scheme as providing a long-overdue sociological translation of the implications of growing asset-based wealth inequalities.”

NEVER Consent to a Pat Down, Car Search or Strip Search

Legal advice as contained within the pdf:

VISA insults cash users as cavemen

In the colony called Australia, the 'administration' is waging a war on cash, where the end game is to transfer the serf's transactions into being exclusively cashless.

This combined with metadata acquisition, full monitoring and later control of the movements of the serf population will be achieved. 

In order to do this certain steps have already taken place, where one of them being that persons 'owned' by the government, i.e. welfare recipients, are being forced to use the Indue card, where it is irrelevant whatever the official reasons are.

The next step is that the corporation aggregate is banning cash transactions, over a certain amount (the figure is technically irrelevant), allegedly in order to combat crime, which will not stop with the alleged ban.

MANY people rely on cash transactions for various reasons, where the pros and cons of cash and cashless are not discussed in this post.

VISA has taken it to the next level, insulting people who use cash labelling them as a "caveman".

It seems that the corporate dictatorship has taken over and there is literally no turning back.

MANY still say "Cash is King", where primarily your privacy is protected in your daily transactions.

Buy all your crap on their card, and when the data gets 'breached' others will know if your home is worth robbing.

See video at: https://www.youtube.com/watch?v=kypPsEjSi5U
Notice how comments have been disabled? Not giving you the right to 'free speech'?

Police falsify crime statistics supported by government denial of any wrongdoing

 

The Auditor-General released a report into Victorian crime statistics on Wednesday. Photo: Getty

Victoria’s crime statistics have not been manipulated and can be trusted, an audit says, as a perception of lawlessness takes hold of the state.

The Crime Statistics Agency (CSA) has found crime is on the decline, with offences dropping 7.4 per cent in the year to March.

The opposition has rejected optimistic readings of the data to wedge the Labor government on law and order before the November election.

But the Auditor-General on Wednesday said the data was reliable, after reviewing Victoria Police and CSA methods.

“We did not detect any manipulation of crime data or cases falsely recorded as resolved,” the report said of Victoria Police records.

It comes after the former police chief commissioner fudged the assault rate before the 2010 election, the state Ombudsman previously found.

Some risks still remain, the audit said.

There is a risk that police could artificially clear cases to improve rates with high-volume crimes like theft. The audit found no evidence of it in the cases reviewed.

“Another risk is that a serious offence, such as aggravated burglary, is not recorded accurately and downgraded to the less serious offence of theft,” the report said.

“Such inaccuracies could mislead the community about crimes and provide a false picture of police success in addressing crime.”

The audit “found no patterns in the data that would indicate intentional downgrading” by police.

CSA’s methodology for using that police data was found to be transparent and reliable. It does not audit police data and does not have the power to improve its quality.

The agency’s chief statistician, Fiona Dowsley, welcomed the findings.

Monash University criminologist Rebecca Wickes told The New Daily that CSA data was reliable in her experience, and that more complex data breakdown required more resources.

The report also found Victoria Police has done little to help its officers understand prima facie since 2013.

Because of its non-compliance with that reporting, the Australian Bureau of Statistics does not report the number of assaults in Victoria.

The report said officers sometimes investigate before deciding whether to record the incident as a crime.

Victoria Police accepted the nine recommendations, including training officers to report incidents prima facie, if an incident appears to be a crime on first look rather than waiting until further investigation.

CSA is often cited for listing people born in Sudan as accounting for 1 per cent of offenders in Victoria. They make up 0.1 per cent of the population, according to the latest Census data.

Prof Wickes said the Sudanese-born population was much younger than the general population.

She said it was a “brute fact” that people aged 15-24 were those most likely to commit crimes in any demographic.

The context

The Auditor-General report comes days after police botched its response to a brawl in Collingwood, where a record label launch at the Gasometer Hotel went sour.

Police wrongly said an 18-year-old man had his leg amputated after being crushed by a car in the affray. His leg was not amputated.

The suspected driver was arrested and released without charge.

There were claims authorities were warned it could turn violent, but failed to properly prepare and manage it.

A resident, who did not want to be named, told The New Daily on Sunday she went onto the street to ask police “why they weren’t doing anything”.

Legal observers from Melbourne Activist Legal said reporting was overblown.


Investigations are continuing.

Victoria Police on Wednesday announced new crowd control weapons to be used from later this week, but rejected suggestions the timing was linked to the Collingwood brawl.

Weapons include pepper-ball firearms, 40mm firearms, hand and sound/flash devices.

Dye could be used in the non-lethal weapons to “hit certain offenders that we need to identify or arrest”, Assistant Commissioner Chris O’Neill told reporters.

“This is not specific to the Collingwood event, but in events where we want to disperse crowds, where we want to mark people, where we want to go and make arrests, all this sort of equipment are options that we could use.”

The assistant commissioner cited the December clash between protesters and controversial British commentator Milo Yiannopoulos as an example.

Source: thenewdaily.com.au

Criticising your 'local council' online and you could end up in court

CEO's of city councils paying themselves high salaries from your rates while skimping out on services.

People should realise that in this colony we call Australia according to the law, you know the Commonwealth of Australia Constitution Act, 'municipal offices' or what we call today 'local government' or 'city councils' MUST  be a department of the state, but they are not, they have been corporatised.

See pages 935-936 from the book called the 'Quick and Garran'* or it's long name The Annotated Constitution of the Australian Commonwealth:

While their existence is facutally legal, it may not be entirely lawful.

For example in Victoria the Local Government Act of 1874 put together rural and metropolitan councils, where after federation the law still stood.

Today, in Victoria the legal infrastucture states that city councils obtain their power from the Local Govenrment Act of 1989.

The CEO's of 'city councils' are committing fraud against their 'rate payers' but as usual this type of fraud may never be addressed properly (i.e. all the way to the High Court) in the interest of the public. 

* More about Quick and Garran.

Sir John Quick was a very prominent man in the formation of The Constitution having a substantial input into the Constitutional Conventional Debates held during the 1890s and was also very active, along with Sir Robert Garran in the creation of the book called Quick and Garran. The book, Quick and Garran is very heavily based on the Constitutional Conventional Debates and as such has become what could be considered as a 2nd reading speech in the Parliament as it sets out the purpose and reasons that The Constitution was framed in the way it was. Quick and Garran is called a book of authority and can be used in any Court in the world when relating to Australian constitutional matters. The High Court and the Privy Council has quoted from and used Quick and Garran as a book of reference on many occasions. In the case of the High Court, far too many to list, but more than 150 occasions and in the case of the Privy Council, on a few occasions.
(Source: clra.info/local_government/)


For Victorians who wish to sue their local city council see:
https://localgovernmentclassaction.com.au/

See article from 28 Aug 2019 by the Australian Broadcasting Corporation of the headline:

Kalgoorlie-Boulder council votes to give staff access to ratepayer funds for defamation cases

Photo: Mayor John Bowler says the level of damaging and threatening comments has escalated. (ABC Goldfields: Jasmine Bamford)

A council in regional Western Australia is the latest to join a growing list of local governments around the country to allow ratepayer money to fund defamation action against members of the public.

Key points:

    Mayor defends decision to allow access to ratepayer funds to launch defamation action and obtain restraining orders
    The council says the volume of abusive comments is escalating and becoming more personal
    Social media lawyer says many people wrongly believe they have an enshrined right to freedom of speech

The Kalgoorlie-Boulder council has voted to allow elected members and staff to access funds for legal action when a constituent's comment was defamatory and targeted the person.

Funds can also be used to help employees obtain restraining orders.

The council said the volume of abusive and defamatory comments was escalating and becoming more personal, particularly on social media.

    "I can put up with a lot, and I have ... I think I'm defamed almost daily in this town and it upsets me that it is so vitriolic," chief executive John Walker said.

"But there are some things that have happened that go beyond that ... some of the threats, some of the comments, need to be stopped."

Mayor John Bowler said while he welcomed criticism as a democratic right, the policy change was needed.

"When there are out-and-out lies, threats of violence and hate speech that might precipitate violence, something has got to be done to stop it," he said.

While they did not detail specific remarks, one councillor said a recent Facebook comment referred to staff as "just a bunch of greedy thieves, lining their own pockets".
'Average' person not exempt from defamation

High-profile defamation cases, like actress Rebel Wilson's defamation payout from Bauer Media last year, make the headlines.

But in an academic article this year, NSW District Court Judge Judith Gibson said "ordinary members of the public form the majority of the parties in defamation".

Judge Gibson also noted that defamation court cases arising from social media comments were on the rise, while claims against media organisations were falling.

Paul Gordon, a social media lawyer at Wallmans Lawyers, said the "average person" did not understand what defamation was and "people think they can post anything online and get away with it".

"If I communicate something to you directly and there's no-one else to hear it, I can say what I like and it's not defamatory," he said.

"But the moment one other person can hear or read or see what I've said, then it is defamatory if it meets all the other tests."
What is defamation?

To prove defamation, there are a few factors that must be present: the victim must be identified, the matter must be published (this includes social media), and the matter must be defamatory.

A defamatory comment is something that will lower a person's reputation.

If a person is sued for defamation, they may be able to defend themselves by proving what they said was true or an honest opinion.

    "If I've claimed that you have embezzled funds and I have no evidence of that whatsoever, then I'm going to have a hard time in proving what I said is true," Mr Gordon said.

"If I said, 'I don't think you're doing a good job', I don't need to prove whether or not you're doing a good job, that's simply my opinion and that's not defamatory."

Under defamation law, organisations and councils as a body cannot sue over general damaging comments.

However, individual employees can sue if they have been identified through name or description.

But a New South Wales case in 1994 found a local government entity may sue for "injurious falsehood", which is considered an alternative and less common legal path.


What about free speech?

The constitution does not explicitly protect freedom of expression.

In June, former High Court judge Michael Kirby told the ABC that "Australia has less protection for free speech than any other Western country", while Judge Gibson said "the term 'defamation capital of the world' has been used repeatedly to describe the high number of defamation cases in Australia".

Mr Gordon said the influence of American culture often led Australians to wrongly believe they had a similar level of protection of free speech.

He said he did not believe the practice of using council funds to launch defamation cases was "unusual".

    "In the current climate, it's not surprising that there are councils adopting these policies.

"I've personally been aware of cases in South Australia and I have heard reports of this in other states."
Ratepayers funding defamation cases

The newly formed WA Ratepayers and Residents Association said there had been a "discouraging trend" of local governments allowing the use of council money to launch defamation actions.

"I don't think it's fair for someone to make false allegations against anyone," chairman Clive Ross said.

    "But for them to be able to launch an action against a resident, using effectively the resident's own money against them, is simply open to abuse and not something I believe is justified."

The Kalgoorlie-Boulder council is two months away from an election and Mr Ross said this change was being used "as a weapon".

Cr Bowler, however, denied it was an attempt to stifle debate, saying that he hoped the legal funds never had to be used and "the mere threat will stop people committing the worst of these atrocities on social media".

The WA Local Government Association said it did not collect data on these types of policies but was aware of various councils issuing cease-and-desist letters to residents.

Mr Gordon said if defamation proceedings went to trial it could be costly, running into the tens of thousands of dollars.

The loss of Google is the best thing that happened to Huawei

Quite simply put, Google is against your (the user's) security (i.e. privacy and anonymity).

An example is that 'surveillance settings' in Android, the likes of Google Location Accuracy get turned on at a later time, even though you turned the setting off.

There is also a plethora of settings that you may turn off, if you've found them deep with wthe settings structure and Google turns them back on, against your will and unknown to you.

Google even enables a setting for itself called Telephone, meaning it can place calls from your device.

Google's business model is based on something called surveillance capitalism, where if Google was truly for your security there would be no data obtained about you from your device which is later passed on to other entities.

With the invention of 'apps' comes another way where government 'players' can obtain your data from the smartphone, as apps have a closed architecture and there is no way a (standard) consumer can check where their data is going to.

Many apps are 'free' because you pay for it by giving your data from your smartphone to the app developer which later gets passed on to apparent 'advertisers'.

Do you really need to download a 'free' news website's app when you can view the same content through an anonymising web browser?

Apps are pushed onto consumers by governments and corporations alike in order to obtain more data from your device, like who you call and who is in your contacts list, something they could not do from your personal conputer as this data is not there.

With the demise of other mobile operating systems, the authorities can better control and monitor the data 'hoovering' actions of just two corporations Apple and Google.

Another smartphone ecosystem away from Apple and Google, especially with an emphasis on (real) security would be of benefit to the consumer.

This is a chance for Huawei to make the best of their so called 'nightmare'.

Paedophiles in the Navy? Former commander incarcerated for abusing boys

Is the colony of Australia full of paedophile in command?

Why is only just one being prosecuted when there are many more?

Only a couple of years for ruining people's serf's lives.

See article from 29 Aug 2019 by thr Australian Broadcasting Corporation of the headline:

Former Australian Navy commander sentenced to jail for two years for historic sex abuse of boys

Photo David Graham, pictured here in 2013 with former Governor-General Quentin Bryce, has been jailed for child sex offences. Supplied: Australian Defence Force

A disgraced former Navy commander will spend the next two years in jail and 15 years listed on a child sex offender register after he was found guilty of seven child sex offences.

Key points:

•     David Graham, 50, was found guilty of three counts of indecent dealing with a child under 10 years, three acts of gross indecency and attempted sexual intercourse

•     One victim said Graham's predatory abuse had caused him ongoing psychological problems

•     Graham did not express any remorse or concern for his victims, and did not accept any responsibility for his actions, the judge found

David Graham, 50, was found guilty of inappropriately touching two young boys in Darwin between 2006 and 2008, as well as attempting to rape one of them while camping near Alice Springs.

Justice Graham Hiley sentenced him on Tuesday in the Supreme Court in Darwin to five years behind bars, to be suspended after two years.
Abuse had extreme effects on victims

The sexual abuse had extreme impacts on the two victims, who are now young adults, with both suffering mental health issues and one even attempting suicide, the court heard.

"I became withdrawn, anxious, and scared about what people would think about me," one victim said in a statement.

"I felt like I couldn't do anything about it."

The man, who cannot be identified, also wrote directly to his abuser in his statement to the court.

    "You and I, and now the world, know that you are guilty. I hope you see through your lies and realise that until you admit your guilt, you can't be helped," he wrote.

The younger victim, who saw Graham as a "father figure", told the court the reality of the abuse didn't sink in until he reached puberty.

"My belief is that Graham is solely to blame for not only the turmoil I faced as a child or the delinquent I became throughout puberty but also the mental instability I face," he said.
 
Boys idolised and trusted senior naval officer

Photo The court heard that Graham did not 'express any remorse' for his crimes.
ABC News: Al Dowler

"I believe that he should pay for every drink that I've had past moderation, every suicidal thought that has ever entered my head, every sleepless night I had as a child, and for every day of my life that I have to bear the knowledge that I was a victim of sexual assault.

    "The predatory and sexually abusive actions of David Graham have undoubtedly been the cause of the immense emotional and psychological damage that continues to wreak issues within my psyche today."

The court heard Graham's abuse of the boys was "opportunistic" and despite only being charged with seven offences, he had abused them "at least" 10 times.

Graham did not display emotion as he sat in the dock as Justice Hiley read out his sentencing remarks.

"Your conduct is particularly serious. Firstly, both of your victims were vulnerable," he said.

"[The younger victim] idolised you, he permitted you to do these things to him, even though he knew what you were doing was wrong.

    "You knew the parents had complete trust in you … it was also based on trust in you in your capacity as a senior naval officer. You breached that trust and abused your power over those boys."

Offender expressed no remorse, responsibility

Graham's barrister, Tom Berkley, told the court he'd been "embarrassed" by the media attention his trial received, and that Graham was otherwise a man of good character.

Justice Hiley found the offending was in the "middle" range of seriousness for child sex offending.

"You do not express any remorse, you have not expressed any concern for your victims, and you do not accept any responsibility for your conduct," Justice Hiley said.

    "Because of your denials, your victims had to be strongly challenged on their evidence."

Graham will be released from prison in August 2021.