Beyond the High Court’s “statutory fiction” decision: “Why did an entire nation forget both our spiritual and constitutional obligations and allow the Canberra Killers Club to constitutionally rape the families and friends of our Aussie Diggers?

Canberra Killers ClubShowing the fighting spirit of our heroic Aussie Diggers, overwhelmed but unbeaten, Kelli Keating took on the gutless-wonder “Canberra Killers Club” (See the above picture) with their 2011 Constitutional, Legal and Human Rights killing (Crime Against Humanity) retrospective legislation and she beat them. The question that we must now ask ourselves is, “Why did an entire nation forget both our spiritual and constitutional obligations to the families of our Aussie Diggers?

[ Note: The short-link URL for this posting is:  http://wp.me/p1n8TZ-gV  ]

 LEST WE FORGET –HEY, WE HAVE ALREADY FORGOTTEN!

“LEST WE FORGET” is a 24/7/365 obligation and not just something that we should do once a year on April 25th. In World War 2, our Aussie Diggers put their lives on the line to make Australia a better place and we have stuffed up their sacrifice spectacularly. We should never have forgotten the sacrifice of those who fought and died to make our world, especially Australia, into a better place to live in.

What Kelli Keating did was true to the ANZAC tradition but what she did should never have happened in the first place! That she had to fight for her freedom in the High Court is a slap-in-the-face- wake-up-call that WE FORGOT what our Diggers did for us in 2 world wars. Speaking about the Keating Decision at a Law Administrators conference in June, a Federal Court judge, Steven Rares, made no bones about blaming us for the retrospective legislation that the High Court dismissed as “statutory fiction”,  i.e. AS A NATION, WE HAVE FAILED TO LEARN OR UNDERSTAND OUR CONSTITUTIONAL RIGHTS, and that is why 226 politicians in Canberra effectively ‘raped’ the constitutional and human rights of Kelli Keating and 15,000 other people (in the same way that mining companies can ‘rape’ the environment.)

 WE NEED TO ALWAYS REMEMBER THE PRICE OF OUR FREEDOM CAME AT GREAT COST TO OUR AUSSIE DIGGERS (AND THEIR FAMILIES):

  1. Please, spend a few minutes to read and remember these 3 examples of the courage, bravery, valour and integrity that was bravely woven at great cost into our nation’s proud ANZAC tradition and history on land, in the air, and at sea seventy years ago.
  2. There are thousands of such stories, many of which may never be told, but they represent both our heritage and our future.
  3. They are who we are when we say “I am an Australian.”

 3 BRIEF EXAMPLES OF THE PRICE PAID: (Please read them.)

#1  ON LAND: “THE RATS OF TOBRUK.”

When Australian troops were surrounded by General Rommel’s rampaging armoured divisions in the Libyan town of Tobruk, Hitler’s propaganda machine described them as being “trapped like rats”. Instead of being demoralized by this, the Aussie Diggers took it in their stride and proudly called themselves “The Rats of Tobruk.”

When Rommel unleashed his massive armoured brigades against the lightly armed Diggers, they hunkered down and let the tanks roll over them and then chased the tanks through the chocking dust clouds thrown up by these giant war machines. With their bare hands they climbed on the tanks and dropped hand grenades inside and then jumped off. This courageous defence took incredible guts and when the battle was over, “The Rats of Tobruk” marched away as ANZAC winners.

#2  IN THE AIR: “MICK” – AN AUSSIE PATHFINDER PILOT.

Mick’s job was to act as a pathfinder for RAF bomber fleets by flying ahead of the bombers, finding the target and then dropping giant magnesium flares that lit up the target. When attacking a target that was surrounded by homes where there were thousands of innocent civilians, Mick accurately “painted the target” by turning his giant Lancaster into a dive-bomber and plunging into the dense fire from a 1,000 anti-aircraft guns. Mick pinpoint hit the target with his marker flares and then using all of his strength, managed to pull the huge Lancaster bomber out of its plunging dive at rooftop level. He then threaded his way out through the anti-craft guns and searchlights. Hitting the target was Mick’s job, but saving the lives of “enemy” civilians was not; but putting your life on the line for the helpless is what the Aussie Digger courage has always been about.

#3  AT SEA: BOB RANKIN AND HMAS YARRA.

HMAS Yarra was a small 4-gun sloop, designed to protect merchant ships from attacks by submarines. However, at 6.30am on the 4th March 1942, the small convoy that HMAS Yarra was  protecting was attacked with by 3 huge “pocket battleships”, (15,000 ton ‘ultra-heavy’ cruisers) and 2 large fleet  destroyers that were each more than twice the size of the tiny Yarra.

 Upon sighting this massively powerful squadron, Commander Bob Rankin immediately positioned HMAS Yarra between the enemy warships and his convoy. In the previous 3 days, ships from this cruiser force had sunk ships similar to HMAS Yarra in less than 10 minutes and had then machine-gunned the survivors. However, such was the tenacity and ferocity of the fight put up by the crew of HMAS Yarra that as powerful as the force was, it took an hour and a half for the enemy to pound HMAS Yarra to a standstill. Even then, as the ship sank beneath him, one of gunners kept firing the one gun that still worked until he was finally killed. The courage of the Yarra’s crew against such over-whelming odds was truly amazing and came at great cost; Bob Rankin and 137 of Yarra’s crew died with 13 survivors eventually being rescued by a Dutch submarine.

THE ANZAC LEGACY – “Making sure that Aussie Battlers “shall not want”.

Whether they fought on land, in the air, or at sea, the ‘Aussie Diggers’ fought with courage and honour, often in the face of overwhelming odds. They embodied the tradition of MATESHIP and stuck together through thick and thin. It is therefore no surprise that when they came home they shared a common goal; they intended to make Australia a far better place to live in than when they had left it. They had seen how the original Aussie Diggers from ‘The Great War’ had been abandoned by politicians and ruthlessly exploited by greedy employers. Too many knew from first-hand experience that the ANZACS and their families had been left to desperately struggle through the hard, bitter times of the Depression Years.

 ONCE BITTEN, TWICE SHY: They shall never be left destitute and wanting again.

In World War 2, it was a case of “Once bitten, twice shy.” The Diggers of World War 2 carried a commitment made to each other and to their fallen mates. “It won’t be like the last time; we will take care of your families and your kids and their children too. They shall never be left destitute and wanting again.” It was not an empty commitment.

 The Aussie Digger Commitment: PARAGRAPH 51(xxiii) (a) of the Constitution.

In 1946 returned servicemen and women used their collective voting power and changed the Australian Constitution. The actual wording is typical politician/bureaucrat jargon but within these words a commitment that was forged in blood by Aussie Diggers during World War 2.

 The Sacred Commitment that Aussie Diggers placed on federal politicians. Paragraph 51, sub-paragraph 23a of the Australian Constitution states:

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:-  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:

The Federal Parliament must make laws for “THE PROVISION” of a whole range of welfare benefits and family allowances to any battlers who need help when they were experiencing hard times.

 I have put the words “THE PROVISION” in capital letters even though they are not like that in the constitution. No Aussie Digger would have ever given politicians the power “TO DEPRIVE” Aussie Battlers of a helping hand but they sure as heck had no problem with forcing politicians to ‘shell out’ and provide help to battlers. When Judge Steven Rares was explaining the Keating Decision to the AGC Administrative Law Conference in June 2013, he made the following point which is a crucial point that everyone on a Centrelink allowance needs to clearly understand.

  1. Judge Rares said The Courts presume that legislative provisions will be construed as effecting no more than is strictly required by CLEAR WORDS…”  
  2. The “clear words” in paragraph 51(xxiii) (a) that the Canberra Club has deliberately ignored for decades are the 2 words that require them to make laws for the provision” of welfare payments.
  3. Since this is a constitutional obligation upon the Federal Parliament, the parliament simply does not has the legislative authority or power needed “TO DEPRIVE” people of a welfare payment.
  4. That was the truly magnificent point coming out of the Kelli Keating Decision.

 More “statutory fiction.”

  1. The “clear words” logic used by the High Court to turf out the 2011 retrospective legislation also applies to the now defunct Breaching legislation that was used by Tony Abbott and Amanda Vanstone to turn off welfare payments to a million Aussie Battlers.
  2. The “clear words” logic  also applies to the current “Compliance Failure Penalties” legislation that has been misused by Labour Governments under the leadership of both Kevin Rudd and Julia Gillard since 1st July 2009!
  3. The flow-on consequence of Commonwealth vs. Keating is that anyone who has ever been hit with either a “Breaching Penalty” or a “Compliance Failure Penalty” has, like Kelli Keating, had their constitutional and legal rights violated and they are ALL entitled to seek both restitution and compensation for this deliberate abuse of their rights.

 The no “civil conscription” obligation.

When the Federal Parliament makes these laws to provide welfare benefits and allowances there is something that the Canberra Club are not allowed to do. Note the bracketed words in paragraph 51 (xxiii) (a); but not so as to authorize any form of civil conscription.

  1.  “The Dole” cannot-be linked to “civil conscription” activities, i.e. you cannot be forced to work for free.
  2. “Conscription” means that you are being forced to do something whether you want to do it or not; instead of “Free Choice”, you have “No Choice.”
  3. What this constitutional restriction means is that when the Federal Parliament makes laws for the provision of welfare allowances and benefits, the Canberra Club are not allowed to make legislation that forces welfare recipients to participate in such civil conscription activities as Work for the Dole, or so-called Work Experience or environmental clean-up programs such as the 1990s “Green Corps” program.
  4. When CES staff or Job Network case managers said “Do as I say or lose the dole” they were violating the constitutional rights of their welfare recipient clients.
  5. On Saturday 31st August I was talking about Tony Abbott’s proposed “Green Army” with a Liberal Party worker at a ‘Pre-Polling Booth” at Elizabeth.
  6. When I pointed out that during the1990s some welfare recipients were forced to “volunteer” for the Green Corps, the Liberal Party worker responded with the comment this that had nothing to do with the government but instead was the responsibility of the Job Network agencies involved in this (illegal) behaviour.
  7. My response was to point out that legally, the Job Network was/is a contracted agency of the Federal Government and therefore the government is legally responsible for any and all the actions of Job Network agencies!
  8. My statement left both the Liberal Party worker and ALL of the other political party workers (ALP, GREENS, etc.) who were listening to this conversation GOB-SMACKED at the implications for ‘the penny had just dropped’ that Tony Abbott’s “Green Army” is a constitutional time-bomb just waiting to explode.

 BEYOND THE Kelli Keating “STATUTORY FICTION” DECISION.

Kelli Keating’s epic High Court win has opened a-can-of-worms that goes far beyond the idea that the retrospective legislation that the court turfed-out was a violation of legal and human rights.

 4 million welfare recipients who have either unconstitutionally had a welfare payment cut off or else have unconstitutionally been forced to engage in “civil conscription” activities. Many others have been forced to repay a Centrelink “debt” that did not have to be repaid whilst some who could not repay the debt that did not have to be repaid have pleaded to “Guilty” to fraud when in fact THEY WERE BEING RIPPED OFF BY CENTRELINK.

  1.  One reason why 15,000 people were convicted of a crime that did not exist is that bureaucrats, lawyers and even judges did not know that the law that 15,000 people had been charged and convicted off DID NOT EXIST.
  2. How many lawyers, not knowing about the “Waiver of Debt due to Centrelink error” law found in paragraph 1,237a of the Social Security Act advised their clients to plead GUILTY to a crime that Centrelink was committing?
  3. Every lawyer who did that to their clients deserves far more than a swift kick up the backside for not sticking up for their client’s legal rights.
  4. They should be de-registered and sent back to law school to bone up on both the constitution and the 3,000 page, 900,000 word long Social Security Act and only allowed to resume practicing law once they can quote both by heart.
  5. Alternately, jailed clients can sue them for Professional Incompetence, Breach of Duty of Care, and Breach of Agency. (For starters.)

 “24/7/365” – ALWAYS REMEMBER THAT AUSSIE DIGGERS DIED SO THAT: Australia’s Federal politicians now have to make laws to PROVIDE welfare benefits to the needy.

  1. These welfare benefits CANNOT be linked to unpaid or underpaid “civil conscription” activities, e.g. “Work for the Dole” or so-called “Work Experience.”
  2. Our Aussie Diggers most definitely DID NOT give the Canberra Killers Club the power to DEPRIVE you of a welfare benefit.
  3. If Centrelink threatens to cut off your welfare benefit you might give serious thought to the KELLI KEATING option:

 IMMEDIATELY APPEAL ON THE GROUND OF THE VIOLATION OF YOUR CONSTITUTIONAL, LEGAL AND HUMAN RIGHTS BY CENTRELINK AND BY THE FEDERAL PARLIAMENT WHICH DOES NOT HAVE THE CONSTITUTIONAL AUTHORITY TO deprive YOU OF A WELFARE BENEFIT.

 It worked for Kelli Keating and 15,000 other welfare recipients also wound up winning. If you win, the as many as 4 million other people could also be winners. And you wind up with a place in Australian History. Nice!

NOTE: Justice Steven Rares speech which was presented at the 2013 AGS Administrative Law Conference, Canberra, 20 – 21 June 2013 can be accessed at the following URL:

http://www.fedcourt.gov.au/publications/judges-speeches/justice-rares/rares-j-20130620.

THE MASS MEDIA: Does not care about welfare recipients.

Think blogging, TWITTER or FACEBOOK if you want to share your experiences of Centrelink’s brutality, not the mass media.

Australia’s mass media is anti-welfare so do not expect the media to dump on the politicians responsible for these unconstitutional rip-offs; just look at how they handled the Keating decision. 15,000 people have had their constitutional rights violated and in far too many cases had been wrongly jailed but that did that make page 1 of the daily papers; nor is it the hot election issue? No, it is the never-to-be-reported-news that is “not-news”!

 HOWEVER – WELFARE RECIPIENTS DO COLLECTIVELY HAVE 25% OF THE VOTE IN THE ELECTION. SO, WHY NOT USE THAT POWER AND VOTE LABOUR AND THE COALITION ABSOLUTELY DEAD LAST?

To be totally honest, the 7 candidate selection in my own federal electorate of Wakefield is not exactly crash hot. However, giving some of the new parties and independent candidates a go for 3-years cannot be any worse than what Labour and the Liberal-National Coalition have done to welfare recipients over the last 30 years.

 Ronald Medlicott – A Christian advocate for Justice in Australia.

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