Category Archives: Melbourne
We decide when the lockdown ends, not Daniel Andrews
From an anonymous barrister, reblogged from Social Media (corrected and edited by Grumpycat333) :
“Know this: Lockdown Orders have zero legal standing. Why did Daniel Andrews desperately want the Omibus detention powers? He had the existing fines mechanism to enforce Directions orders which are the basis of the lockdown. So why the need for new powers? This answer is because people are waking up.
Everyone should go and read page 106 of The Public Health and Wellbeing Act Division 1 Section 111. It states: the spread of an infectious disease should be prevented or minimised with the MINIMUM RESTRICTIONS on the RIGHTS of any person.
The legal drafting and clause construction is very clear. It says; the Chief Health Officer can do his job to stop the spread of an infectious disease, BUT a person’s rights restrictions must be minimal. He has a qualifier and restraint. He doesn’t decide what’s minimum. So who does decide what’s minimum?
If a person, whose rights are being restricted has no say in the matter, there would have been no need to include the clause in the legislation. The Parliament sought to preserve and protect civil liberties. It’s a check on unfettered powers. That is the purpose of the clause, otherwise, why have it in the legislation, if the Chief Health Officer has unrestrained powers? It’s a reminder of the constraint on the Chief Health Officer.
The Westminster system constrains, separates, checks and contains power, through a mechanism known as the Separation of Powers. This means that legislature (who makes laws), the Executive (Premier and Ministry) who execute law, and the Judiciary who interpret laws, remain separate. This is a check on power so it’s not concentrated as we seem to have in Victoria at the present.
The default ‘Mentis’ (mind) of Parliament, in a liberal democracy, is to preserve freedoms. Particularly the freedom of movement and association, which the High Court has protected over and over and now Daniel Andrews thinks he can extinguish. The person who decides what’s a minimum restraint on a person’s rights is the person who has the rights.
If that person has no say on what’s a restraint, the person would be deemed to have no rights, so why mention them? In this event, the person at best, has privileges which can be limited or extinguished. Like a driving license. True rights can only be suspended or limited by the right’s holder. These are known as inalienable rights. God given, which cannot be extinguished by the State, the Chief Health Officer or Daniel Andrews. Division 1 Section 111 was drafted in acknowledgement of this liberal democratic principle. The Section is even referred to as the Principle of the Act, against which all Directions Orders must be measured. Case closed.
What I have just set out is legal argument that a Barrister might make before a Magistrate, who is usually ill equipped to handle such arguments. Now you understand why the last thing Daniel Andrews wants is fines to be challenged in Court. Push the problem into the future or maybe even forgive fines so they never see a court room . Victorians don’t know or understand the law and Andrews feels omnipotent whilst most Victorians are oblivious and kept in the dark.
The average police officer in the street is even less well equipped to handle these matters, so don’t try to enlighten them or argue whilst being issued with an illegal and worthless fine. They have no idea. They’re just following orders. In any event, fines are only allegations and not findings of fact or guilt. Fines become an admission of guilt when you pay them. That’s why the fines can be challenged.
Daniel Andrews’ decrees from the podium have zero standing and will never stand up in court when the BS fines are challenged. They’re all a big bluff. The lockdown is a bluff. It’s no wonder the Magistrates Court has adjourned all Covid challenged fines well into 2021. If one illegal fine gets before a court, Andrews will buckle like he did with the curfew when it was uncovered as a fraud. The Directions Order will be found to be as illegal as the curfew. The day before the curfew was challenged in the Supreme Court, is was quickly ended by Andrews. The 5km restraint is equally illegal as an excessive restraint on the rights of Victorians. I remind you. If Victorians have no rights, as Andrews asserts, then why mention them in the Act?
While Andrews can’t be removed as Premier, he is subject to the Westminster system of Separation of Powers, which means the Parliament or Courts can clip his wings and stop his tyranny. As he has the numbers in Parliament it’s useless to try a no confidence motion against Andrews, so we’re left with the Judiciary and the Courts.
Being awake and informed will set you free. With the legal illusion of fines swept away, so is lockdown. We decide when the lockdown ends, not Daniel Andrews. The police will run out of ink in the their pens writing fines if we don’t co-operate. It was for this reason Daniel Andrews wanted detention powers in his Omnibus Bill. He feared someone would write a post like this, and wake up Victoria. “
Harry’s Clothing. The First Domino?
Harry Hutchinson from Harry’s Clothing in Berwick ( a suburb of Melbourne) has defied the lockdown and opened up his clothing store . He says that he has exceeded Christmas sales by 50% in two days and has to re-order stock. Support for his action is so strong that many people simply give him a donation, which he is passing on to an Aboriginal community.
A Hair salon in Hughesdale will open it’s doors tomorrow.
This comes after retail in the Melbourne Metropolitan zone was locked down more than 10 weeks ago, leaving only supermarkets, food stores, chemists and petrol stations open.
MEDIA RELEASE: Successful Anti-Lockdown Flash Protest at Chadstone.
Police were caught completely off-guard today when a few hundred demonstrators descended on Chadstone for a flash protest.
We were able to get in and out in about 50 minutes with so far no known arrests or fines.
However Victoria Police spent many hundreds of thousands of dollars on PORT for today. We consider it their fine for opposing our freedom.
We’re going to relish in this victory.
Organisers attribute their success to careful planning and participants willingness to simply, trust the plan.
We apologise to Victorians on behalf of Victoria Police for their delayed and heavy handed response towards shoppers at Chadstone.
Victorian Government Acting Illegally Amid predictions Of Civil Unrest
OK, here’s the deal: Victoria is signed up to the charter of human rights and therefore things like moving freely and protesting ARE NOT ILLEGAL. Neither the BLM protest nor the anti lockdown protests were illegal. All the fines are getting thrown out at the review stage because the government does not want them to go to court as they would be dismissed there too.
The government knows this and therefore let the BLM protest slide, as they agreed with the woke agenda. The anti-lockdown protests are much more dangerous to the government , therefore they are fighting them so hard, but the fines are null and void.
This is why the police are cracking down so hard on ordinary dissenters : it’s theatre to scare people off. But the veil of deceit is thin and more and more people are now beginning to see through it.
Basically it’s all a bluff and a charade, so I suggest that people take those health measures they are comfortable with and ignore the rest.
In many European countries the virus is spreading among the young while older more vulnerable people are being careful. Needless to say the death rate has plummeted there. No major lockdowns are in place. You can leave it up to the people, they are not stupid.
What is happening in Victoria right now is growing civil unrest against what amounts to an illegal dictatorship. It appears that this unrest is not just driven by everyday unemployed and isolated people, and not even a minority of conspiracy theorists, but also business owners, leaders and even the federal government.
It will certainly get very interesting in the coming weeks, but I suspect that it will be over sooner than we think.
Australia Fights For Human Rights
From a Facebook post by Sarah Mills:
“Today Australians from all walks of life united together in all major cities for a peaceful protest against the draconian laws currently being implemented in Australia, especially for those in Victoria.Men, women and children all stood today for our freedom, our children’s freedom and for all of our basic human rights.Australia is staring down the barrel of a loaded gun and if we don’t take a stand now, before we know it that trigger will be pulled and life will never return to normal.
If you’ve ever wondered what you would have done during times of slavery, the holocaust, or the civil rights movement – take a look at yourself. Because you’re doing it right now.
This is no longer about a virus, This is about reclaiming our human rights and medical freedoms. Your family’s future quite literally depends on it. Today’s protests weren’t aggressive, they weren’t abusive. These men, women and children all stood side by side with love in our hearts and fire in our belly.Yet, despite each of us peacefully supporting each other aggressive arrests took place for no reason at all.
Several members of the community forcefully removed and thrown into police custody. None of the individuals did anything different from the rest of us, there was no justifiable reason for their arrest.Men violently slammed into police vehicles, simply for standing in peace. Women dragged into these cars simply for holding signs
.Let’s take a moment to reflect on the Charter of Human Rights and Responsibilities Act.
Section 16 – Peaceful assembly and freedom of association(1) Every person has the right of peaceful assembly.Right to peaceful assemblyThe right to peaceful assembly protects the right of individuals and groups to meet in order to exchange ideas and information, to express their views publicly and to hold a peaceful protest.And to The Universal Declaration of Human Rights
. Article 5.No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (Victoria’s lockdowns are nothing short of cruel and inhuman)
Article 13.(1) Everyone has the right to freedom of movement and residence within the borders of each state.(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 18.Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.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.
Article 20.(1) Everyone has the right to freedom of peaceful assembly and association.
How can these men and women be thrown into police custody for simply exercising their human rights?It’s time to start paying attention. It’s time to unite. Will you remain silent? Or will you stand with the fearless freedom fighters who are fighting for you and your children, even in the face of your misguided hatred?As we fight for our freedom, which side of history will you be on?”
Exercising Your Right To Protest
No covid related fines have been allowed to go to court, most (all) were thrown out at the review stage. Why? Because they contradict the charter of human rights in Victoria, which has not been suspended. The government does not want the fines to go to court, because there it might be proven that it acted in an unreasonable, disproportionate and unnecessary manner. The fines are nothing but a bluff to scare children.
Anti lock down post sharers arrested
Arrested while pregnant in front of her 2 kids in her own home…for a Facebook post. welcome to 1984.
Opinions are now illegal.
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