Another letter to the Home Minister

(The postings
in this Blog are a memorial to the more than 3 million Aussie Battlers
have been Breached. It is especially a memorial to the
(estimated) 5,000+ Aussie Battlers who did not survive being breached.)

It has been 3 months, 2 weeks and 1 day since you suggested that I take the breaching issues to the SA Police. However, it has been 4 years and 5 months since Mike Rann’s office was advised of breaching quota triggered deaths that had occurred in the electorate of Ramsay. How you both explain these delays to your respective state police is not my problem.

My problem is that you have not yet made available either the breaching fatalities statistics or the detailed report of the so call AFP “investigation” into PERKSGATE that I have requested. Haven’t you ever heard of Transparency and Accountability? The AFP “investigation” has to be squeaky clean and at the moment it is merely squeaky.

A patient person I can wait a few more days whilst your staff dig up a copy of the Breaching Review Taskforce Report from 2004. Please, do not tell me that it is a “cabinet confidential” document for I will merely make the point that cabinet confidentiality does not apply to documents that summarize serious criminal activity, i.e. breaching competition and breaching quota triggered deaths. Try to hide that report behind cabinet confidentiality and my response is “A conspiracy to pervert the course of justice”. From my perspective, at this stage, your tardiness in providing the previously requested information is basically “just” Obstruction of justice. Get the lead out Minister O’Connor and get that information to me A.S.A.P. so that I won’t have to spend money advertising in the newspapers. (I have a feeling that Mike Rann would not like that at this stage in the SA election campaign.)

FOR OTHER READERS: Critical Constitutional Rights Issues.

1. Unemployment benefits, pensions, sickness allowance and parenting allowances are ALL constitutional rights.

2. Breaching may be law but this legislation is unconstitutional because the Constitution makes it quite clear that if the Commonwealth wants accuse someone of breach of contract, it is a matter for the courts, not Centrelink clerks.

3. Everyone has a responsibility to uphold the law because the constitution makes it quite clear that the law is BINDING on everyone! “Everyone” just happens to include politicians who may think that because they make the laws, that they are above and beyond accountability for violating the law in the name of parliamentary privilege or cabinet confidentiality.

Check out the constitution for yourself and see if I am right.

        
An Act to constitute the Commonwealth of Australia.   [9th July 1900]

Operation of the constitution and laws.

  5. “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 and of every part of the Commonwealth
, notwithstanding
anything

  in the laws of any State; and the laws of the Commonwealth…”

My
Comments:
   Since federal politicians are “people”, the laws are
binding on them even though they make the laws.

“notwithstanding
anything in the laws…”
Politicians
are not above the law
and therefore
cannot exempt themselves from accountability before the law by the use of the “Parliamentary Privilege” or the “Cabinet
Confidentiality”
tactics currently being used to avoid being held accountable
for violations of the law in regard to breaching competition and breaching
quota triggered deaths. 

Original
jurisdiction of High Court.

  75. In all matters

(iii) In which the Commonwealth,
or a person suing or being sued
on behalf of the Commonwealth, is a party:

My
Comments:
Breaching
legislation is a convenient way to avoid the High Court. If Centrelink had a
breach of contract dispute with IBM or Ford, it would be resolved by the High
Court. Not so if you are a welfare recipient- instead of real court room justice you get "ADMINISTRATIVE JUSTICE" which is meted out by a clerk with a computer, i.e. someone with NO LEGAL TRAINING. Unconstitutionally deprived of the protection of the
courts,  welfare recipients were fair
game for exploitation by public servants, private enterprise and even by
federal governments! That is why so many became "dead meat" as a consequence of this ruthless exploitation.

 Legislative powers
of the Parliament.
    (Re: 
Constitutional, welfare entitlements! )

  51. The Parliament shall, subject to this Constitution, have power
to make  laws for the peace,
order, and good government of the Commonwealth with

  respect to:-

     (xxiii)      Invalid and old-age pensions: Inserted
by No.81,
1946, s.2

    (xxiiiA)   The provision of maternity allowances, widows’

                  pensions, child
endowment, unemployment,

                  pharmaceutical,
sickness and benefits, medical

                  and dental
services
(but not so as to authorize

                  any form of civil
conscription),
benefits to

                  students and
family allowances:

 Having the constitutional right to make these provisions also means
having the constitutional
responsibility
to make these provisions, i.e. a welfare allowance, available to people who need them in order to survive. Instead, in the name of "Sound Economic Management,  politicians came up
with a staggering 66 legislated ways to separate a welfare recipient from
legitimate, constitutional, welfare entitlements!

“…but not so as to authorize any form of civil conscription”
is a Constitutional Restriction of the power of governments that was more honoured in the breach
than its observance by the Howard
Government  with its
unconstitutional civil conscription
i.e. the Work for the Dole and Green Corps programs.

Please, raise your voice, add your comments to my blog posts and SHARE, SHARE, SHARE with friends (and even enemies) and help to end a massive humanitarian disaster.

 Ron Medlicott (Christian welfare justice activist.)

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