By Warrant under The Queen’s Sign Manual these are submitted to I he Queen by a Secretary of State (usually the Home Secretary). These Warrants are prepared by the Crown Office on receipt of instructions from the originating 1)epartment known as a “giving effects letter”. .\lIer Ihe Queen has signed the Warrant. the submitting Minister Read More …
In January 2000 the Attorney-General of Australia, the Hon Daryl Williams AM QC MP, asked the Commission to review the Judiciary Act 1903 (Cth) and related legislation. The terms of reference required the Commission to inquire into and report on whether the provisions governing the exercise of the judicial power of the Commonwealth in civil Read More …
In 1909 the Seat of Government was named “The Territory”. 6 pages. It was not until 1938 “The Territory” was named “Australian Capital Territory”. 2 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 amount, Read More …
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 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
The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office of public trust under the Commonwealth: Constitution of the Commonwealth of Australia s 116. If you can spare a Read More …
The law of belligerent occupation (which from now on we will refer to simply as the law of occupation) governs the relationship between the occupying power, on the one hand, and the wholly or partially occupied State and its inhabitants, including refugees and stateless persons, on the other. It is applicable only in international armed Read More …
Is one compelled to observe the written law, and obey the written law? Or can one operate in a belief under a “General Acceptance?” The Australian Government believes we no longer observe or obey the written law but alternatively operate under the term of “General Acceptance” such as we now owe an allegiance to an Read More …
The author wrote to the Attorney generals Department to establish the legality of Local Government entities in Australia and if Local Government is the Crown. The Attorney Generals Office replied by stating Local Government is an area of State Responsibility, as a result of this response Constitution Watch now asks the Attorney General if this Read More …
They claim to have overwhelming evidence that Victoria has been in a “constitutional void” and that the current Victorian Parliament is “unlawful” and “unconstitutional” as one member, states the Victorian Parliament enacted a Constitution in 1975 which was unlawfully enacted. The provision claimed to allow for the enactment of the Victorian Constitution Act l975 to Read More …
“ 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 …
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 …
After discovering the legal meaning of allegiance in the Butterworths Legal Dictionary the author wrote to the Attorney General of Australia so as to understand what had legally occurred to transfer his allegiance from the Queen of the United Kingdom found at clause 2 of the Constitution to an adopted title created by a Parliament Read More …
Monday ~ 9.11.2020. Final Trespass Notice served on Northern Land Council in a meeting with the C.E.O. The Council were given 7 days to produce records and documents and to produce the councils claim of Right to manage the lands on behalf of the Larrakia People. It was revealed in the meeting lands have been Read More …
From student occupations of universities in Paris in 1968 to the Arab Spring of 2011, Mass demonstrations have been the way people demand social change. Article 20 of the Universal Declaration of Human Rights (UDHR), combined with Article 19’s freedom of expression, together ensure the right to gather publicly or privately and collectively express, promote, Read More …
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 …
The Australian government has not provided evidence to show that societal lockdown is proportionate to the risks of society continuing to function, with more nuanced management strategies. It has offered vague promises of ‘winning the battle” and implied threats of an apocalyptic public health meltdown if perpetual lockdown is not adhered to. This statements are Read More …
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 …
In 1901, Dr. John Quick and a barrister, Robert Garran, wrote their monumental volume, “The Annotated Constitution of the Commonwealth of Australia”. It took them a thousand and eight pages to try and explain the Constitution in relation to the culture and legal concepts of the nineteenth century thinking. That thinking automatically enshrined the Westminster Read More …
Treason is ‘a crime which has a vague circumference, and more than one centre’. The multiple facets of treason are reflected in the type of hyperbolic language that statutory and common law use to define it. In most jurisdictions, treason is viewed as the reflection of political undercurrents. It is considered as the primary offence Read More …
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 …
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 …
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 can spare a few dollars for the Read More …
The ORIGINAL unamended Queensland Constitution of 1867 – found after vigorous research into old Queensland Government Gazette extracts by the Community Law Group Queensland to whom we all provide many Thanks for their contribution! If you can spare a few dollars for the creators of this website to continue their research to bring Read More …
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 …
In 1973 a scheme came about to remove the Commonwealth and create a new entity outside of what the law provides for. The Statute Law Revision Act was hidden for decades to hide this deception played on every Australian without his or her knowledge. A system so slight of hand it has taken many decades Read More …
International Policy Friday, 23 October 2020 Department of the Prime Minister and Cabinet [Photo: The Australian Minister for External Affairs and Attorney-General, Dr HV Evatt, signs the Charter of the United Nations on behalf of Australia, watched by the Australian Deputy Prime Minister, Francis M Forde (right), San Francisco, 26 June 1945. – UN Photo/McLain] 24 Read More …
The hard evidence Victoria is broken, the evictions, the suicides, the burden on Victoria’s mental health infrastructure and the lunatics behind it. Is there a pandemic really effecting Victoria or is this part of the global scheme being perpetuated upon the people of earth? In 1918 there was a pandemic that killed 50 million people, Read More …
An overexposure to an electromagnetic field (EMF) is of intense concern to workers or members of the public. A doctor’s scientific and humane skills are fully required to manage these patients. This paper is intended to guide the management of these cases. It is based on previous papers and clinical experience by one of the Read More …
These Explanatory Notes explain what each part of the Act means in practice; provide background information on the development of policy; and provide additional information on how the Act affects existing legislation in this area. These Explanatory Notes might best be read alongside the Act. They are not, and are not intended to be, a Read More …
The author looked to the Attorney Generals Office for clarity on the execution of section 59 of the Commonwealth Constitution entailing the Queens oversight of disallowance of Bills presented for Royal Assent. It appears the Queen of Australia lacks the power to engage this provision since her creation and beyond. If you can Read More …
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 …
“…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 …
The author looked to the Attorney Generals Office for clarity on the execution of section 59 of the Commonwealth Constitution entailing the Queens oversight of disallowance of Bills presented for Royal Assent. It appears the Queen of Australia lacks the power to engage this provision since her creation and beyond. If you can Read More …
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 …
“…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 …
Are you being lied to Victoria? Part 8—Management and control of infectious diseases, micro-organisms and medical conditions Division 1—Principles applying to the management and control of infectious diseases PUBLIC HEALTH AND WELLBEING ACT 2008 – SECT 111 Principles The following principles apply to the management and Read More …
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 …
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–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 …
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 …
Launceston Corporation v Hydro Electric Commission (1959) 100 CLR 654 is a leading case about the status of statutory corporations. The HEC argued that it was not liable to pay rates because it was entitled to Crown immunity. The High Court held that, as a statutory corporation, it was independent of the Crown and not entitled Read More …
The risk of PSOs using unnecessary physical force and inappropriately using weapons such as capsicum spray and batons remains because there is no independent monitoring and public reporting of how often PSOs use force compared to police and whether there are any concerning trends in the use of force by PSOs at particular train Read More …
The causation question and the suggested answer At common law the question of causation is fundamental. But, as is often acknowledged, the basic question of causation is not a question of law: it is commonly described, in a misleading expression, as ‘causation in fact’. The true causal question is not actually one of fact. It Read More …
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 …
Discriminatory policing What’s the problem ? Young people are often stopped and charged by police because of their colour, race or because they are from a family who are known to police, rather than because of their behaviour or a reasonable suspicion held by the police officer. Racial profiling Victoria saw a landmark legal case Read More …
Six Victorian councils have now agreed to pay back parking fines which were unlawfully issued, but there are suspicions there are many more yet to come forward. Glen Eira, Port Phillip and Stonnington councils have agreed to pay back thousands of parking fines, totalling almost $20 million, which were illegally reviewed by external contractors between Read More …
From the Constitution Watch Archives Vault, the extremely hard to find Form 13 witness summons and production of documents in criminal jurisdiction, this document has been deleted from the Magistrates Court Forms ~ Could it be possible this administrative court want to provide an uneven playing field for those seeking justice in Criminal Jurisdiction within Read More …
The Attorney General of Victoria stated the Human Rights and Responsibilities act is in full force throughout the pandemic, section 12 states the following ~ CHARTER OF HUMAN RIGHTS AND RESPONSIBILITIES ACT 2006 – SECT 12 Freedom of movement Every person lawfully within Victoria has the right to move freely within Victoria Read More …
The following information may help you to understand the powers and what rights and responsibilities you have in different situations. A police officer may use as much force as is necessary to arrest you. Unreasonable force is an assault. After arrest, a police officer may handcuff you if for example you attempt to escape or the Read More …
The Federation of Australia and the establishment of a National flag for Australia occurred in 1901, yet there was no formal Coat of Arms for Australia at this time. Australia’s first official Coat of Arms (above) was rudimentary, though managed to capture something special about our country and its relationship with mother England. The use Read More …
Under the rule of construction “expressio unius est exclusio alterius,” where a statute or Constitution enumerates the things on which it is to operate or forbids certain things, it is ordinarily to be construed as excluding from its operation all those not expressly mentioned. Generally words in a statute should be given their plain and Read More …
What this booklet covers This booklet is a general guide to help you when you deal with the police. It focuses on what police can and cannot do. The booklet covers things like arrest, being held in custody and searches. It also includes information about Protective Services Officers (PSOs). When dealing with the police Read More …
‘Person’ Bible quotes; in alphabetical order. Acts 10:34 “Then Peter opened his mouth, and said, Of a trueth I perceiveth, God is no respecter of persons:” Deuteronomy 10:17 “For the LORD your God is God of gods, and Lord of lords, a great God, a mighty, and a terrible, which regardeth not persons, nor taketh Read More …
A troubling Bill allowing foreign forces to enter Australia and hold zero liability for their actions. Summary Amends the: Defence Act 1903 to: streamline the process for calling out members of the Australian Defence Force (ADF) Reserves, including for the purposes of responding to natural disasters or emergencies; and provide ADF members,other Defence personnel Read More …
In January 1649 the commons resolved: ‘that the commons of England, in Parliament assembled, do declare, that the people are, under God, the original of all just power’ and indeed that the commons ‘being chosen by, and representing the people, have the supreme power in this Nation’ and again ‘that whatever is enacted or declared Read More …
THE MEANING OF CONSTITUTIONAL SUPREMACY Under this doctrine, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. Thus, since the Read More …