T W A W K I

The world as we know it

The Government’s ongoing violation of citizens rights

The most sacred duty of governments is to represent the will of the people. Our governments are meant to listen to us, represent us and bring to completion what we give them taxes to complete. What happens when we have governments who do none of the above, who desperately cling to power for powers sake, who are more interested in their comfy positions, draining the public purse for their own good and pursuing their own elitist ideals? They should be thrown out.

Such is the appalling corruption exhibited by Gillard’s ALP who will do everything in it’s power to do what it wants and work as hard as possible to silence the people. The carbon tax is a huge example of their self interested, self serving agenda, brought in through lies and subterfuge and being implemented against the express will of the people.

As recently noted my complaint against the government for it’s corrupt and fraudulent implementation of the carbon tax. Where Australians were given a single week to digest, process and formulate a response to 11,000 pages of documentation. There wasn’t enough time to simply read it let along digest it. Of those that responded the vast majority had their responses reclassified as correspondence and so disregarded. Democratic process was totally and utterly abandoned. I complained to the government (transcript at the end of the post), then came the governments appalling response here (in summary they claim they make the rules so they can do what they want).

Here is my response today;

Andrew

I have read the governments letter which basically says it makes the rules and therefore I have no rights. I did respond to the governments committee but was unable to do so reasonably or fairly because of the governments 1 week time constraints which are an unreasonable restriction. My response like thousands of others who disagreed with the government were ‘re-classified’ as correspondence and not a submission – another abuse of my/peoples rights. Human rights seem to be the last thing that this government takes into account – it is meant to be representing us not doing it’s hardest to walk all over us and create scenarios where it can ignore us.
 
For the government to then go on and say it is immune from impeachment and questioning further shows its disregard for human rights. Article 2(a) ICCPR requires the government to provide a remedy to the situation, which the Government have not done. To claim the abuse of rights is OK because of their timetable and their power is neither satisfactory as the timetable should be set by respecting the peoples rights and not vice versa and their power should be there to empower the people and not disempower them as they are doing. 
 
I would like to see my complaint proceed as the governments response is totally unsatisfactory. To confirm they have denied me my rights but think it is ok to do so and not offer a viable solution is a failing of governance and a clear violation of our constitution and the ICCPR. The Government are meant to govern (for the people), not rule (for themselves) and there is a huge difference.
 
Regards
Doug

International Covenant on Civil & Political Rights

My original complaint is as follows;

PART 1 – COMPLAINANT:  Doug McIntyre
____________________________________________

Complainant’s Address:  xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
____________________________________________

Complainant’s Suburb:  xxxxxxxxxxxxxx
____________________________________________

Complainant’s Postcode:  xxxx
____________________________________________

Complainant’s State:  NSW
____________________________________________

Complainant’s Telephone:  xxxxxxxxx
____________________________________________

Complainant’s Email Address:  xxxxxxxxxxxx
____________________________________________

EMAIL COPY TO COMPLAINANT?:  YES
____________________________________________

ELECTRONIC COMMUNICATION::  YES
____________________________________________

Reason for Electronic Communication?:  Convenience
____________________________________________

COMPLAINT ON BEHALF OF SOMEONE ELSE?:  NO
____________________________________________

SOLICITOR/ ADVOCATE?:  NO
____________________________________________

PART 2 – RESPONDENT’S NAME:  Australian Labor Party
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Respondent’s Address:  Postal Address:
PO Box 6222
KINGSTON ACT 2604
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Respondent’s Telephone:  6120 0800
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RELATIONSHIP TO RESPONDENT?:  Government
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PART 3 – REASON FOR COMPLAINT:  My human rights have been breached by a federal government agency
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DATE OF EVENTS BEING COMPLAINED ABOUT:  14th September 2011 – 22nd September 2011
____________________________________________

DESCRIPTION Description of the event?:  The Australian Labor Party announced and released an inquiry into Australia’s Clean Energy Future on the 14th September 2011.
As part of that inquiry over 1100 pages of documents (including 14 bills) have been released. The government has given me, an Australian citizen the grossly inadequate time of 7 days to respond to those documents.
As this is one of the most far reaching set of bills in Australia’s history I would like a fair and reasonable amount of time to  read, assess and articulate my response to the inquiry in a manner that could allow an adequate amount of time to perform due diligence on the documents. The insufficient time of 7 days to respond to the inquiry is a failure of procedural fairness and a failure of natural justice to me by the government in that it is grossly inadequate. The insufficient 7 day time frame is also a failure of due process and a failure of the government’s duty of care to me as a citizen, harming my right to free speech.
The inquiry also fails according to ALRC Report 111 Making Enquiries – A new statutory framework, 6.52 An enquiries terms of reference states “The drafting of the terms of reference for an inquiry, however, is fundamental to its success”,yet there are no explicit or documented terms of reference meaning my application could be ruled invalid by the Government simply due to wrong assumptions on my part.
The Australian Human Rights Commission has documented on it’s website the human rights standards and international treaties that Australia has agreed to uphold. Some of these are as follows; with the pertinent clauses listed where I believe my rights as an individual have also been breached.
Article 19. The Universal Declaration of Human Rights

* Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. My freedom of opinion and expression is severely interfered with by having insufficient time to seek (read), and impart (assess and articulate) my response to the government.

Article 25. International Covenant on Civil and Political Rights

Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions:

(a) To take part in the conduct of public affairs, directly or through freely chosen representatives;

The Labor Government has posed unreasonable restrictions on my rights and opportunities to respond to it’s legislation in that I am given an insufficient 7 days to read, assess and comment on over 1100 pages of documentation. As such my ability to take my part in the conduct of public affairs is personally restricted.

Article 1 International Covenant on Economic, Social and Cultural Rights

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

The Labor Government has denied my right of self determination by restricting my ability to respond to their inquiry through a 7 day response period. My right to freely determine my political status, economic, social and cultural development is therefore severely hindered.

____________________________________________

PART 4 – LOSS OR HARM EXPERIENCED?:  As a stakeholder in the future of Australia I feel totally disempowered. I am depressed that democracy is hindered with the actions of the Australian Labor Party. I feel hopeless
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PART 5 – DESIRED OUTCOMES/ RESOLUTION?:  I would like a fair and reasonable time to read, assess and articulate my response to the Joint Select Committee on Australia’s Clean Energy Future Legislation. With 18 bills and around 1100 pages of documentation at an absolute minimum I would require 4 weeks to read thoroughly, 4 weeks to assess the legislation and 4 weeks to articulate my response. A 12 week time frame would be fair and reasonable time frame and is a typical time frame for many enquiries that the government undertakes.
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PART 6 – COMPLAINTS TO OTHER AGENCIES?:  NO
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FORM SUBMITTED BY USER:   SUBMIT YOUR COMPLAINT
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Filed under: Governance

3 Responses

  1. Bill Northwood says:

    Thanks for writing to the Government what many of us think. It has really infuriated me over the period the Gillard Government has been in Government when both Julia and Wayne Swan respond to questions about a lack of a mandate to anything such as the carbon tax for instance, they respond with their regular cliche’s such as “we have been elected to govern”, “the australian people want us to make the tough decisions”, and Wayne Swann just the other day – words to the effect of, “most Australians don’t want us to do what is popular but what is necessary”. All this is basically their way of saying, “you’re democracy ended when you left the polling booth, now we’ll do what ever we want and if you’re unhappy, suck it up until the next election when by then we’ll have made our unpopular policies so difficult to change that when you vote in the LIberals, they won’t have a hope in hell of changing anything and we can – in opposition sit back and blame them for the whole thing going pair shaped”. The only mandate that Julie will ever get is if she applies at an online dating agency. She needs to be put back into opposition as quickly as possible.

    • twawki says:

      Gillard’s ALP has done untold damage to this great country and yet the ALP despair not over what they have done to us but that they could lose their seats, they despair not over removing our rights to free speech but that people could criticise them for their absolutely appalling behaviour, the ALP despair over the future of thier party but they have lied, spun and squandered over $100 billion of money that wasnt theirs. A cold hard cell would be too good for them!

      • twawki says:

        And yeah we must write. There are so many areas where they have to be held to account. If we don’t they will walk all over us.

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The New Rich

We fight not to enslave, but to set a country free, and to make room upon the earth for honest men to live in. Thomas Paine

Above all, we must realize that no arsenal or no weapon in the arsenals of the world is so formidable as the will and moral courage of free men and women. RONALD REAGAN,
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My definition of a free society is a society where it is safe to be unpopular. Adlai E. Stevenson Jr
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If you want to be free, there is but one way; it is to guarantee an equally full measure of liberty to all your neighbors. There is no other. Carl Schurz
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