Saturday, August 8, 2015

Judicial Review Forms - Rules for Misbehavin' Maggots



Have you been "done by law" ??? !!! ???

Have you had the experience of a magistrate / judicial registrar "erring in law" (giving you a royal rogering), unbeknown to you at the time, only to find out after seeking "legal" advice that you've been had?

Well there could be a remedy for you in the way of a "Judicial Review".

You can obtain a form from the Supreme Court of your state or from the following link with regards to the state of Victoria:


Many a person EVERY SINGLE DAY has been defrauded by the corrupt judicature in Australia.

Please Note: That it's "3 strikes and you're out!" for the Misbehavin' Maggot (nee Magistrate).

Use the form LIBERALLY!

PUT IT ON AND FOR THE PUBLIC RECORD.

Centrelink is exempt from most subpoenas - BOLLOCKS !

When it comes to 'advertising' material from the corporation conglomerate (commonly referred to as the 'government'), the underlying tones are for the prospective customer to be subservient to any corporate agreement, where the information provided is in order to entice business is either (but not limited to) being:

  • false,
  • deliberately misleading,
  • incomplete.

Current records indicate that Centrelink "operates in the community" as a business with the ABN of 29 468 422 437.

See: http://www.abr.business.gov.au/SearchByAbn.aspx?SearchText=29468422437

The current claim is that the business called Centrelink is exempt from "most" subpoenas, as seen in 'brochure' below.


The claim is that this is allowed under Section 207 of the Social Security Act (1999).


Please note that what the 'authorities' do NOT want the 'plebs' to know is that particular Act is not a lawfully passed Act.

To add more insult to injury the corporate logo near the bottom of the page also states that Centrelink is "giving you options".

Accoring to the claim that Centrelink is exempt from most subpoenas, shows you do not have the options you are led to believe you have.

Please also note that a person who works for the business called Centrelink, can be sued, also liable for civil and criminal damages occurred as a result of their actions.

Why do you think they (the staff) do not give you their FULL NAME?

Thursday, August 6, 2015

Myki fines fail in court

Beating Myki fines in court

After claims he was wrongly fined over a Myki touch-on error, software engineer Nick Seidenman took the matter to court and explains how he managed to come out on top.

Most of the myki fines contested in court have been withdrawn or dismissed, amid claims the government department responsible for the problem-plagued technology is deliberately avoiding legal scrutiny.

Since the system was introduced, 109 challenges to infringement notices have been heard in the Melbourne Magistrates Court, and only six people who turned up to court were fined. Another 17 who did not attend were fined.

Altogether 71 cases were dismissed or withdrawn, while 15 cases were adjourned. And that, according to figures obtained by Fairfax Media, is even though about 80 per cent pleaded guilty.

Leigh Mahoney next to a myki machine at Southern Cross Station. He has successfully challenged myki infringement notices in court.
 Leigh Mahoney next to a myki machine at Southern Cross Station. He has successfully challenged myki infringement notices in court. Photo: Pat Scala/Getty Images
 
But not one case where a person pleaded not guilty has proceeded to a contested hearing, a spokeswoman for the Magistrates Court of Victoria said.

Fairfax Media revealed last December that the Department of Transport had received written and verbal advice that false myki readings, administrative errors and poor calibration would damage the chances of a prosecution in court.

In August, the department withdrew an infringement notice against a Brighton woman and agreed to pay $383 in costs just two days before she was to challenge the ticketing system in court.

Ryan Heath was fined for not having a valid ticket while teaching others how to use the system. Ryan Heath was fined for not having a valid ticket while teaching others how to use the system.

The department had refused previous requests by the woman for myki performance, service and staff training records.

<p>"The department is not, and will not be, in possession of any service records for any devices owned or operated by Public Transport Victoria or Metro Trains," said department prosecutor Joe Connolly in a letter on February 5.

Mr Connolly did not indicate where the information could be accessed.


Fairfax Media is aware of several other people who have had fines withdrawn after requesting detailed information about myki readers, calibration and servicing, and the legislation that regulates their operation.

Andy Schmulow, a senior research associate at Melbourne University's School of Law, had "virtually begged" the department to issue him a court summons after he was fined on a Melbourne tram despite topping up his myki account a day earlier. But the department would not take him to court.

Mr Schmulow was told by a department  prosecutor that a failure to present a valid tram ticket was a crime of "absolute liability" and he had no basis for an appeal.


<p>"After examining the legislation, I found there were grounds upon which the department could uphold an appeal," he said. "This lack of understanding the legislation was simply inexcusable. Without explanation, the infringement was quietly withdrawn."

Mr Schmulow accused the department of "bluffing" public transport users. "They know there are such serious defects either in the legislation or in the technology and the myki system, that if it appears a passenger is willing to challenge the infringement, then the department might as well fold.

"Is this the reason why the department gave passengers the option to pay a $75 on-the-spot fine? Is this part of the bluff?"

A Department of Transport, Planning and Local Infrastructure spokeswoman said it was "ludicrous" to suggest there were any enforcement problems with myki.

"There is a robust legislative framework in place to deal with ticketing offences and the department successfully prosecutes over 6000 ticketing matters annually," she said.

The spokeswoman insisted that contested hearings had proceeded to the Magistrates Court, but would not say how many.

But this appears to be contradicted by a statement from the Magistrates Court. "In the Magistrates Court, a contested criminal hearing is a hearing where the accused pleads not guilty. Of the 109 cases that resulted from the data request, none proceeded to the plea of not guilty hearing type," the court spokeswoman said.

Another department spokeswoman later said these cases were "not reflective of the ticketing matters prosecuted annually by the department".

Court data revealed that most people pleaded guilty and a majority had their fines wiped. People who failed to attend court usually had fines upheld.

Fairfax Media observed a man who claimed he was in a rush and did not have time to touch on have his infringement notice dismissed by a judicial registrar.

Public Transport Users Association president Tony Morton said many people were discouraged from challenging fines because of the cost and inconvenience.

"Public Transport Victoria is keen to avoid having to contest cases in court and in a lot of cases it's succeeding," he said.

Ryan Heath was hired by a government subcontractor to teach Melbourne commuters to use the system in 2012. Mr Heath was fined for not having a valid ticket while trying to teach others to use the system at Melbourne Central in January 2013. His problem was that he had touched on to a machine that was offline.

"I'm there trying to help myki with all these problems and I'm getting fined. The whole thing was ridiculous," he said.

Mr Heath said supervisors were often confused about how the system worked and he frequently saw people fined after they had asked for help.

Like many other cases, Mr Ryan's matter was found proven but dismissed without penalty or conviction.

RMIT researcher Adrian Dyer is determined to challenge the system after pleading not guilty to failing to produce a valid ticket at Mount Waverley Station.

Dr Dyer showed Fairfax Media a note signed by a Metro Trains officer at his local station, which states: "When I visually inspected the Myki readers with him, indeed it was hard to read the screen."

There was no way for somebody to know whether they had effectively swiped on the morning he was fined, Dr Dyer said, adding that he always had funds on his card and had been using the system without incident for more than a year.

"I'm not pleading guilty because I haven't done anything wrong," he said.

 

MYKI HORROR STORIES

LEIGH MAHONEY, 43, Murrumbeena

"I have worked in the financial industry for 27 years and I have to sign a declaration each year to confirm I haven't been convicted or charged with any dishonesty offences. When they ran an advertising campaign that compared fare evasion to stealing it was not something I could wear," Mr Mahoney said.

In court, Mr Mahoney had four defence arguments, including anomalies in the Victorian Fares and Ticketing Manual and concerns about the accuracy and maintenance of the myki system.

"I wanted evidence on calibration around their readers. I wanted to know what standards they are calibrated to and how often they are tested. I had video evidence of scanners at Hughesdale not working, regardless of how many times you touched on," Mr Mahoney said.

The Magistrate struck out the charges in February.

"These cases block up days and days in the justice system. You've got magistrates sorting out bullshit fines, when this money should be spent fixing the system," he said.

NICK SEIDENMAN, 57, Tecoma

After feeling confident he had touched on with his myki card at Upwey station, Nick Seidenman was slapped with an infringement notice at Melbourne Central when the gates failed to open.

"I said: 'I want to go to court with this'. I know I'd topped up my card and swiped on. The machine was right there and I got the beep and saw the flash," Mr Seidenman said.

He said he had previously reported vandalism and faults with myki readers to Metro officers, but the complaints were often met with indifference.

"I'm a software engineer and I know a bit about the protocols involved with this technology. I was confident that if I requested the source code I could have identified a flaw in the system. I think they know it's flawed. Mine [infringement notice] was withdrawn when I raised these concerns," Mr Seidenman he said.

Mr Seidenman urged other public transport users to dispute their fines in court when they believe myki technology has failed.

"Be polite, take your infringement notice and challenge it in court. You'll win," Mr Seidenham said.

MARK WIEMELS, 41, Flemington

Mr Wiemels was issued with a $217 fine after he thought he'd swiped on at Newmarket station. He said he had video evidence that proved a myki reader at the station was often faulty.

"I went to court and pleaded not guilty to begin with, but then I witnessed several cases before me. The judge and the prosecutor were in total lock-step and everyone who pleaded guilty had their fines waived."
"There was a guy who said he was running late for the train and was going to miss something and admitted he didn't have time to validate. Even he got off. So I just pleaded guilty and they wiped the fine. The whole thing was a farce, it was complete nonsense," Mr Wiemels said.


theage.com.au 14 Sep 2104

To be even more specific:

Note that the Victorian Infringements Court is not a constitutionally recognised court, as it is a computer.

Imperial Acts Application Act 1980 – SECT 8

PART II TRANSCRIBED ENACTMENTS Transcribed enactments

8. Transcribed enactments

[1688] I William and Mary Sess. II (Bill of Rights) c. II
12. That all grants and promises of fines and forfeitures of particular persons
before conviction, are illegal and void.
Legislation source: http://www.austlii.edu.au/au/legis/vic/consol_act/iaaa1980240/s8.html


See also the Port of Portland v State of Victoria High Court case, where WA Attorney General confirmed the Bill of Rights, on page 5. Whereas all 7 justices confirmed the Bill of Rights Act (1688), and Victoria’s Imperial Act Application Act (1980) on page 6 paragraph 13.

Port of Portland Pty Ltd v Victoria [2010] HCA 44 (8 December 2010) 

Also regarding any forfeiture of property refer to Attorney-General [NT] v Emmerson [2014] HCA 13 (10 April 2014), drug case, where only a court of competent jurisdiction can forfeit property.

How the criminal elite live - The UK's Royal family

Apart from the latest 'scandal', that of a young Elizabeth of German ancestry Haus Sachsen-Coburg und Gotha, shown giving the NAZI salute, many people may not know or even (deliberately) forget the history of the war-mongering 'Royal' family.

Many people may forget:

  • that Captain Cook was sent to Australia on an 'economic' mission, where enslaving the Indigenous population, committing genocide and installing Martial Law upon the continent of Australia was all part of the plan,

  • how this family supported the use of Australians as 'canon fodder' in Gallipoli,

  • that queen that is part of the fraud that being of the "Queen of Australia".

She married her second cousin, through a tangled weB of incest, where her and her husband share the same great great grandmother Queen Victoria.

This family should not be admired, but rather stand trail for war crimes.

A family that will continue to thrive amongst the plebs that admire them.

The plebs really do deserve the enslavement that is bestowed on them?

Who's laughing at the commoners now, hey?


From the news.com.au article, of the headline:

Buckingham Palace gives rare glimpse behind the scenes at Summer Opening

Family home: Buckingham Palace is rarely open to the public. Picture: Chris Jackson/Getty
Family home: Buckingham Palace is rarely open to the public. Picture: Chris Jackson/Getty Images Source: Supplied
 
SITTING down to dinner at Buckingham Palace is much like a military operation. 

Each diner is given 47 centimetres of space, measured to the millimetre on tables that take three days to set. Nine pieces of cutlery are chosen from a collection of over 2000 pieces for four courses (fish, meat, pudding and fruit, plus a butter knife).

Six glasses are assigned per person (champagne, red, white, dessert wine, water and port). Each diner has a light to illuminate their food, prepared by a team of 21 chefs. Wine comes from the 400-year-old cellars where more than 25,000 bottles are stored.

Cutlery, glassware and china comes from a separate department, each headed with dedicated staff. Don’t even ask about the washing up — let’s just say they’re not using Finish powerball.

Last year the Queen received around 62,000 guests who got the full royal treatment. Photo
Last year the Queen received around 62,000 guests who got the full royal treatment. Photo by Peter Macdiarmid/Getty Images. Source: Getty Images
 
Such rare insights are among those viewers to Buckingham Palace’s Summer Opening get to see at A Royal Welcome, a new exhibition that shows the work that goes into visiting the Queen.

It includes a glimpse of the Australian Coach — gifted by the people of Australia in 1988 to mark the bicentenary. It’s what the Queen uses to receive state visitors and is a modernised version of a traditional coach, made from metal rather than wood with electric windows and heating inside.

Visitors can enter via the same entrance the 110 heads of state that have visited the Queen have done, taking in the incredible reception halls of the palace that has been the royal family’s residence since 1837 and is one of the few working palaces in the world.

Master of the Household Vice Admiral Tony Johnstone Burt leads a team of 330 people who run operations behind the scenes — including two of the Queen’s most senior ladies in waiting who have been doing the job for 56 years.

“There is only one standard and that is exceptional,” he said.

The Bow room overlooks the expansive lawn where the Queen hosts a garden party each year.
The Bow room overlooks the expansive lawn where the Queen hosts a garden party each year. Photo by Peter Macdiarmid/Getty Images. Source: Getty Images
 
Buckingham Palace is one of the few working palaces in the world. Photo by Anthony Devlin
Buckingham Palace is one of the few working palaces in the world. Photo by Anthony Devlin — WPA Pool/Getty Images. Source: Getty Images
 
Place settings are actually measured with a ruler. Picture: Photo by Peter Macdiarmid/Get
Place settings are actually measured with a ruler. Picture: Photo by Peter Macdiarmid/Getty Images. Source: Getty Images
 
The rooms open to the public include the Grand Staircase and Green Drawing Room, as well as a Gallery and Silk Tapestry Room housing famous royal collections of art and marble statues. Each is more elaborate than the last with gold plated furniture, hand cut glass chandeliers and rare objects that are among the few of their kind in the world.

The large bow room, where the Queen gave Angelina Jolie her honorary Damehood overlooks the 39 acre garden in the heart of London — a rare remnant from the original country house on the site.

Queen Elizabeth II’s outfits and jewellery are also on display, including a tiara made of 488 diamonds and a necklace with a 22.5 carat diamond pendant. It also contains the throne where she was crowned Queen more than 60 years ago.

Royal Collection Trust’s Anna Reynolds said the exhibition is designed to show what goes into the “extremely special” experience of visiting the royal family.

“Through the displays and film presentations, we show the planning, preparation and presentation that make these occasions so magnificent and so memorable.”

A Royal Welcome is open from 25 July to 27 September 2015

Tuesday, August 4, 2015

Constitutional Recognition - Government propaganda in full swing!

The corporation conglomerate (nee Australian Government) is in full swing to advertise to the sheep voters (not that voting actually matters, they just need your name - get off the electoral roll !!!) a message the way only sheep can understand that being through sports 'stars' - (as you'd be aware... sports stars know a ship load about politics, that's why they're sports stars and NOT politicians - right?).

(illustration of AFL player Adam Goodes)


The government does NOT give a flying fcuk about the people's right's (as shown in the laws that are passed (unlawfully) through parliament.

The government does NOT give a flying fcuk about the 'flora and fauna' (a previous description of Indigenous Australians), as depicted by the current ACTIONS the government takes against the Indigenous Australians (e.g. shutting down of remote communities, deaths in custody, etc).

What other 'trick' question will be used to erode the rights of EVERY single 'Australian'?

See referendum results: http://corpau.blogspot.com.au/…/australian-referendum-dates…

See Australian Constitution: https://drive.google.com/open?id=0B21_coIgIYu2blVRSkVidDRiTU0

ACCC knew of Toyota fake air bags

The corruption of the Australian 'authorities' is literally beyond belief.

There can very little more evidence needed for the contempt of life by the so called 'authorities' than by the illustration of the story contained within the article pictured below.


In summary the ACCC knew about the deadly counterfeit airbags, but did not take action, therefore being liable.

Is this more proof that the 'authorities' have little or no regards of the lives of the inhabitants of the penal colony of 'Australia'?