Part 3. Beyond Robo-debt: There are other CIVIL RIGHTS VIOLATIONS that may enable other welfare recipients to SUE the Federal Government.

Justice Jennifer Davies decision that Robo-debt is unlawful opens the door to a tsunami of legal questions such as what else is unlawful and who can sue or press criminal charges and seek Victims of Crime compensation? This posting looks at some of these Civil Rights Violations issues.

The short link to share this posting is:   https://wp.me/P1n8TZ-1oc

Civil Rights Violation #1: The “Data Mismatch” Scam.

As I pointed out in my last posting, the Commissioner of Taxation cannot lawfully provide inaccurate information to the Department of Human Services.

This means that in order to comply with Sections 10 and 13 of the Privacy Principles, the Commissioner of Taxation must contact welfare recipients and either verify the accuracy of computer-assisted guesses as to that person’s earning, or alternately, seek to have the correct information provided by the welfare recipient BEFORE providing any information to the Department of Human Services.

Failing to take reasonable measures to ensure that only accurate information is provided to Department of Human Services is a serious Violation of Civil Rights and the Commission of Taxation can be held accountable before the Courts for these civil rights violations.

Civil Rights Violation #2. The “Mutual obligations’ Violation of Constitutional Rights

Far too many of the so-called “mutual obligations” are as unlawful as Robo-debt because they violate constitutional rights or constraints, e.g. unemployed people have a constitutional right to an unemployment allowance that cannot be linked to ‘civil conscription’ activities such as Work for the Dole or enforced education.

The Australian Constitution: Section 5.

The laws of the Commonwealth shall be binding on the Courts, Judges and the people…”  

 Section 51. Legislative powers of the Parliament

The Parliament shall, subject to this Constitution, have power12 to make laws for the peace, order, and good government of the Commonwealth with respect to:

[51](xxiii) invalid and old-age pensions;

[51](xxiiiA) the provision of maternity allowances, widows’ pensions, child endowment, unemployment, pharmaceutical, sickness and hospital benefits, medical and dental services (but not so as to authorize any form of civil conscription), benefits to students and family allowances;

Bullet-pointed for clarity, the constitutional obligation upon the Federal Parliament at 51(xxiiiA), which cannot be abrogated, is to make legislation for the provision of the following allowances:

  1. maternity allowances,

  2. widows’ pensions,

  3.  child endowment,

  4. unemployment,

  5. pharmaceutical,

  6. sickness and hospital benefits,

  7. medical and dental services

  8. benefits to students and family allowances

Note the constitutional constraint:

  • (but not so as to authorize any form of civil conscription),

Most of the welfare allowances listed above CANNOT be linked to ‘civil conscription’ a constitutional constraint that has been honoured more in the breach than the observance, with the illegal laws in Section 42C of the Social Security (Administration) Act 1999, having costly implications for both taxpayers and Work for the Dole ‘employers’ under Sections 268 and 270 of the Commonwealth Criminal Code Act.

Welfare allowances (the Dole) are a constitutional right and the Federal Parliament therefore did not have the constitutional right to enact either the following “no show no pay” law. It is not only a violation of civil rights, as will be shown further in this posting, in law, this law is AN ACT OF GENOCIDE.

Civil Rights Violation #3:‘No show – No pay’ is UNCONSTITUTIONAL

Since many of the provisions below are both UNCONTITUTIONAL and also violate Australia’s GENOCIDE laws, the Secretary has to violate the legal rights of welfare recipients by SKIPPING-THE-COURTS’ when imposing the penalties listed below.

 Social Security (Administration) Act 1999 No. 191, 1999 Subdivision B—No show no pay failures

42C No show no pay failures

(1) The Secretary may determine that a person commits a no show no pay failure on a day if:

(a) the person commits any of the following failures:

(i) the person fails to participate, on the day, in an activity that the person is required to undertake by an employment pathway plan that is in force in relation to the person;

(ii) the person fails to comply, on the day, with a serious failure requirement imposed on the person;

(iii) the person commits misconduct, on the day, while participating in an activity referred to in subparagraph (i) or while purporting to comply with a serious failure requirement imposed on the person;

(iv) the person intentionally acts in a manner on the day (including by failing to attend a job interview), and it is reasonably foreseeable that acting in that manner could result in an offer of employment not being made to the person; and

(b) the person receives an instalment of a participation payment for the instalment period in which the day occurs.

Note: A penalty amount is deducted from the person’s participation payment for a no show no pay failure (see section 42D).

(2) Without limiting subparagraph (1)(a)(i), a person fails to participate in an activity if:

(a) the person fails to attend the activity at all; or

(b) the person is not punctual in attending the activity.

Civil Rights Violation #4 DELIBERATELY ‘SKIPPING-THE-COURTS’

Hellicar 1On the 3rd May 2012, 2012,the High Court ruled that if a regulator’s decision was challenged, the Courts, not the regulator, would decide the facts of the matter.

Bhardwaj HCA 11 crop

In March 2002, at paragraphs 51 and 53 of the Bhardwaj decision, the High Court ruled that if there is no jurisdiction to make a legal decision, then, in law, no legally valid decision can be made. Once a Centrelink decision is challenged, until a Court determines the facts, no legally valid decision has been in the matter.

Linacre cropped

On 7th January 2016, 25-weeks BEFORE the official launch of the illegal Robo-Debt Scam, the Acting Chief Legal Counsel for the Department of Human Services, Alice Linacre, took it upon herself to DELIBERATELY ignore the High Court’s Hellicar decision.

LEX 21021 is a vital link in the deadly chain of events that saw more than 2,000 people recklessly slaughtered as a result of the unlawful Robo-Debt claims.

The way to deal with amy of the skip-the-courts’ penalties is to file criminal charges with the nearest police station, stating that just as Robo-Debt was unlawful, so also is stopping your welfare payment under the following federal laws in the Commonwealth Criminal Code Act.

Civil Rights Violation #5 ‘GENOCIDE to save taxpayers’ money’

Criminal Code Act 1995, No. 12, 1995 Compilation No. 97, Compilation date: 25 March 2015

 268.5 Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction

  • A person (the perpetrator) commits an offence if:

(a) the perpetrator inflicts certain conditions of life upon one or more persons; and

(b) the person or persons belong to a particular national, ethnical, racial or religious group; and

(c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such; and

(d) the conditions of life are intended to bring about the physical destruction of that group, in whole or in part.

Penalty: Imprisonment for life.

(2) In subsection (1):

conditions of life includes, but is not restricted to, intentional deprivation of resources indispensable for survival, such as deprivation of food or medical services, or systematic expulsion from homes.

Civil Rights Violation #6  Slavery,Forced Labour and/or Servitude

Work for the Dole is UNCONSTITUTIONAL and violates many of the following federal laws that deal with Slavery, Forced Labour and Forced Servitude

Division 270—Slavery and slavery-like conditions

Subdivision A—Preliminary 270.1A Definitions for Division 270

In this Division:

coercion includes coercion by any of the following:

(a) force;

(b) duress;

(c) detention;

(d) psychological oppression;

(e) abuse of power;

(f) taking advantage of a person’s vulnerability.

conducting a business includes:

(a) taking any part in the management of the business; and

(b) exercising control or direction over the business; and

(c) providing finance for the business.

forced labour has the meaning given by section 270.6.

servitude has the meaning given by section 270.4.

slavery has the meaning given by section 270.1.

slavery-like offence means an offence against any of the following provisions:

(a) section 270.5 (servitude offences);

(b) section 270.6A (forced labour offences);

threat means:

(a) a threat of coercion; or

(b) [This provision may not be relevant]

(c) a threat of any other detrimental action, unless there are reasonable grounds for the threat of that action in connection with the provision of labour or services by a person.

Note: Threat includes a threat made by any conduct, whether express or implied and whether conditional or unconditional

Bl;ackmail email

Note the statement “If you do not contact us by by 16 January 2016 your payment(s) may be stopped.”

[A] My age pension is a constitutional right under Section 51 (xxiii) of the Constitution, and

[B] Only a Court could determine if my constitutional right to a pension should be stopped, which would have been unlikely because:

[C] The requesting information had been provided just a few weeks earlier; consequently there was no legally valid grounds to request it again at that point in time unless Centrelink want to admit to violating the Privacy Act by loosing my information!

Subdivision B—

Slavery 270.1 Definition of slavery

For the purposes of this Division, slavery is the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person.

270.2 Slavery is unlawful

Slavery remains unlawful and its abolition is maintained, despite the repeal by the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 of Imperial Acts relating to slavery.

270.3 Slavery offences

(1) A person who, whether within or outside Australia, intentionally:

(aa) reduces a person to slavery;

(ii) any commercial transaction involving a slave;

is guilty of an offence.

Penalty: Imprisonment for 25 years.

 270.4 Definition of servitude

(1) For the purposes of this Division, servitude is the condition of a person (the victim) who provides labour or services, if, because of the use of coercion, threat or deception: [As in Section 42C]

(a) a reasonable person in the position of the victim would not consider himself or herself to be free:

(i) to cease providing the labour or services; or

(ii) to leave the place or area where the victim provides the labour or services; and

(b) the victim is significantly deprived of personal freedom in respect of aspects of his or her life other than the provision of the labour or services.

(2) Subsection (1) applies whether the coercion, threat or deception is used against the victim or another person.

(3) The victim may be in a condition of servitude whether or not:

(a) escape from the condition is practically possible for the victim; or

(b) the victim has attempted to escape from the condition.

270.5 Servitude offences

Causing a person to enter into or remain in servitude

[MY COMMENT: FORCING PEOPLE TO SIGN ‘MUTUAL OBLIGATION CONTRACTS’ SO THAT THEY CAN EXERCISE THEIR CONSTITUTIONAL RIGHT TO RECEIVE A WELFARE ALLOWANCE IS AN ABUSE OF PUBLIC OFFICE THAT VIOLATES 270.5]

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct causes another person to enter into or remain in servitude.

Penalty:

(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 20 years; or

(b) in any other case—imprisonment for 15 years.

Conducting a business involving servitude

[MY COMMENT: Work for the Dole ’employers’ need to take careful note of this law’s penalties.]

(2) A person commits an offence if:

(a) the person conducts any business; and

(b) the business involves the servitude of another person (or persons). [As in Work for the Dole]

Penalty:

(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 20 years; or

(b) in any other case—imprisonment for 15 years

270.6 Definition of forced labour

(1) For the purposes of this Division, forced labour is the condition of a person (the victim) who provides labour or services if, because of the use of coercion, threat or deception, a reasonable person in the position of the victim would not consider himself or herself to be free:

[MY COMMENT: YET ANOTHER SECTION 42C CRIME]

(a) to cease providing the labour or services; or

(b) to leave the place or area where the victim provides the labour or services.

(2) Subsection (1) applies whether the coercion, threat or deception is used against the victim or another person.

(3) The victim may be in a condition of forced labour whether or not:

(a) escape from the condition is practically possible for the victim; or

270.6A Forced labour offences

Causing a person to enter into or remain in forced labour

(1) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct causes another person to enter into or remain in forced labour.

Penalty:

(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 12 years; or

(b) in any other case—imprisonment for 9 years.

Conducting a business involving forced labour

(2) A person commits an offence if:

(a) the person conducts any business; and

(b) the business involves the forced labour of another person (or persons).

Penalty:

(a) in the case of an aggravated offence (see section 270.8)—imprisonment for 12 years; or

(b) in any other case—imprisonment for 9 years.

Civil Rights Violation #7 VIOLATION OF INTERNATIONAL TREATY OBLIGATIONS:

Australia has ratified a number of United nations treaties that deal with the humane manner in which nations should treat vulnerable groups or individuals. Section 42C is a blatant violation of the following well known treaty obligations:

International Covenant on Civil and Political Rights

Article 1.2 of this international convention states:

  • All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law.

  • In no case may a people be deprived of its own means of subsistence.

International Covenant on Economic, Social and Cultural Rights

Article 1.2 of this international convention states:

  •  

    All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law.

  • In no case may a people be deprived of its own means of subsistence.

Note that the wording in both treaties is identical; a measure of the importance of the human right not to be arbitrarily deprived of the means to survive.

In addition to violating many of the above-mentioned laws, the Secretary’s powers in Section 42C are also criminal violations under international laws contained in Articles 6 and 7 of the Rome Statute.

VICTIM’S RIGHTS:- THE  OPTIONS ARE:

1. Sue for violation of civil rights;

2. File criminal charges and seek Victims of Crime compensation;

3. Do nothing.

EVERY VICTIM OF THESE CRIMES GET TO DECIDE THEIR PREFERRED OPTION.

Ronald Medlicott A Christian lay-advocate.

 

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