By Jennifer Nash
This article is a personal account of how the Australian Human Rights and Equal Opportunity Commission (hreoNOT) treated an unrepresented bullied schoolboy in the Federal Court of Australia in Brisbane. It explains why hreoNOT is nothing but a multimillion dollar sham, and why it does absolutely nothing to protect our rights under the Rights of The Child, The Rights of The Disabled and The International Covenant on Civil and Political Rights (1976). “Government stacking the courts with political favourites is the main evil in the administration of justice in Australia” retired Brisbane Supreme Court Judge Geoff Davies QC, (Courier Mail 1 September, 2006).
Can you imagine a human rights commission that costs $ 400 Million and to which you cannot complain to because, guess what - its’ simply against the law to complain!
Thanks heavens we live in Australia, where we have a progressive, respected and truly ‘independent’ human rights commission, which respects and promotes human rights and protects Australians against human rights abuses huh?
The human rights commission I am talking about is in fact Australia’s very own Human Rights and Equal Opportunity Commission (hreoNOT!), whose main purpose it seems, is clearly to mislead and deceive Australians by telling them their human rights are protected by law.
In fact hreoNOT is sadly nothing but a galling sham, which rather than promoting human rights and the right to development by all, including vulnerable children, will do everything humanly possible to ensure that human rights abuses are hidden. Are not heard and are not debated in the media, if it is not convenient to the political elite of this country to do so.
Not only that, it will actually fly its very own, so called human?rights? lawyers in at tax payer expense, to ensure that the Australian Government always comes out on top, always wins, and that human rights, including the right to an education by children, is simply buried under a mountain of illegal red tape.
When a case of education discrimination and severe school bullying (our own case) was lodged with hreoNOT, the disgusting and disgraceful excuse of a human rights commission, which is but a sham and but a lie, it was immediately rejected because complaining is outlawed. Now if that isn’t a scam and a sham, I don’t know what is!
But you can ask for a judicial review in the Federal Court of Australia in Brisbane I was told. So I did that, but unlike illegal migrants, juvenile delinquents and dangerous criminals, the Federal Court of Australia denied my juvenile son access to the Federal Court of Australia’s pro bono legal scheme on equal terms without explanation. That was another breach of the Rights of The Child and the ICCPR.
I had to go the Federal Court twice, both times without a legal youth advocate, without the presence of a jury, without the press present, where I had to represent my son as a layperson in a complicated and adversarial legal process, which I can only describe as draconian and intimidating.
For the final hearing and judgement, hreoNOT had flown in its own super duper human? rights? lawyer, the Deputy Director of legal services, Christine Fougere, from Sydney who demanded that the complaint against hreoNOT and Queensland Juvenile Justice, (just is!) be dismissed.
The politically appointed Federal Court judge eagerly agreed, yes it must be dismissed because actually lodging a complaint with hreoNOT is against the law.
So what exactly is the point of the $ 400 Million misery industry commission?
Well that is something our political leaders are unwilling to explain to us!
Christine Fougere, further demanded that the unrepresented 12 year old boy who had turned to the complete sham of a human rights commission for help, be punished for daring to challenge its corrupt and unlawful legislation in the Federal Court of Australia.
Trying to reason with the hreoNOT Director, Susan Roberts and President, John von Doussa QC was equally pointless, because none of them care about human rights or human beings.
They are all very well paid political favourites, stooges really, appointed by the government to maintain the status quo, and not to ensure that the interests of Australians are best served.
They are in fact not public servants at all. But merely servants of the political elite to whom they answer.
The Queensland Attorney General was supposed to be added as a 2nd respondent to the complaint. But the Attorney General simply refused to be added as a 2nd respondent out of political expediency and his wish was immediately granted.
HreoNot claims to recognise the Rights of the Child and the International Covenant on Civil and Political Rights (ICCPR) and various other legally binding treaties Australia has signed, but when push comes to shove and you actually want to exert your inalienable civil rights under these legally binding instruments, the galling excuse of a commission tries to further punish you with an illegal costs order.
After illegally first naming and shaming us on the worldwide internet in breach of the Rights of the Child and the ICCPR, (to teach us a lesson), the Federal Court and the Commonwealth Attorney General decided to remove the published decision from the Federal Court of Australia’s website.
In stark contrast, Australia never names and never shames juvenile delinquents and never denies them legal youth advocacy, no matter how heinous their crimes are, because that would be equally illegal.
Nevertheless, Christine Fougere, the human? rights? lawyer, who not once advocated for the human rights of my unrepresented son who is a victim of sustained human rights abuses, demanded that the court order my 12 year old to pay the legal costs of flying and accommodating her from Sydney to Brisbane overnight, and representing the Commonwealth against a little kid without the means to pay for a human? rights? lawyer like her!
By the way, the legislation she wanted the court to apply against my son is based on legislation from the dark ages, the 1851 (eighteen fifty one) Infants Law Act . But the good Judge, Geoffrey Spender felt that that sounded just as ridiculous as dismissing the genuine and legitimate human rights complaint was in the very first place, and wisely decided against making an order against a child without the means to pay anyway.
Of course Australian Human Rights Lawyers could not help because they are only funded to represent criminals and juvenile delinquents, (clearly Australia’s preferred law consumers)!
What about the ICJ, the international committee of jurists? The Qld President of the ICJ is one of the four judges named in my judicial abuse and corruption complaint.
In the Queensland Anti Discrimination Tribunal. my son and I were systematically abused and terrorised by the Queensland Anti Discrimination Tribunal President Jean Dalton QC and later also by her replacement, Robert Wensley QC, (after we refused to appear before the poisonous and out of control President for further hearings). To hear what it was like click here: https://publish.indymedia.org.uk/media/2009/08/435571.mp3
Robert Wensley QC is the brother of Queensland Governor, Penelope Wensley. He not only repeatedly misapplied the law, intimidated and abused me, he called me “Darl” instead of using my surname because he clearly felt he could, because the tapes and transcripts would later also be edited to pervert the course of justice and hide his gross judicial misconduct.
My allegations are backed up by other witnesses, including a retired court reporter and her signed and sworn statutory declaration. The judicial misconduct and corruption carried on it the Supreme Court, where our tapes and transcripts were also severely edited to pervert the course of justice.
Governor Wensley has maintained a dogged silence to my complaints since she was sworn in over a year ago.
Thomas Jefferson said, "I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution."
My son was ordered to pay Education Queensland more than $ 28,000 in legal costs after we could not tolerate the illegal, abusive and harrowing hearings any longer and did not return for further abuse.
Due to systemic political corruption in the Bligh government, my documented and repeated allegation that the courtroom audio tapes and transcripts have been repeatedly edited to pervert the course of justice, have been ignored by Queensland Premier Anna Bligh and the various complaint mechanisms including the CMC and PCMC etc.
"Equal treatment before the law is a pillar of democratic societies. When courts are corrupted by greed or political expediency, the scales of justice are tipped, and ordinary people suffer. Judicial corruption means the voice of the innocent goes unheard, while the guilty act with impunity" Huguette Labelle, Chair of Transparency International.
The Speaker of the House who had me ejected from Parliament, is John Mickel, the former Labor Transport Minister. He is my local state MP, but has always refused to represent my son under the system of Westminster political accountability. The Opposition, whose own approval rating of 34% is only 1% (one percent) above Anna Bligh’s 33% approval rating, has refused to help us in any way.
And even though the Courier Mail was present on the day I was violently ejected from Parliament on 23 April 2009 after I went there to draw attention to my case, the Courier Mail could not or would not report the brutality and injustice I suffered that day as an everyday Queensland Mum, trying to draw attention to a very serious criminal offense and high level corruption and political cover-up.
However, Independent MP, Dorothy Pratt, from far away Kingaroy has raised the issue and asked a question on notice in Parliament for me on 20 August 2009 to Attorney General, Cameron Dick.
She asked him why he has refused to acknowledge my documented and corroborated judicial corruption complaint since he was sworn in, in March 2009. The answer is due on 18 September.
Due to lack of press freedom, this matter has not been reported by any Australian newspaper. Whether Cameron Dick’s answer in Parliament on or about 18 September will actually shed light on his refusal to act and highlight the issues, which have been covered up by so very many for so very long, remains to be seen.
My citizen journalist articles have been published on many occasions by The Wall Street Journal, USA Today, Daylife, Huffington Post, Mathaba and many others, but not once here, with the exception of two letters to the editor of my local rag, a long time ago and more recently, my blogs on the Brisbane Radio 4BC website (links under).
When Tommy Thomas, the American father of murdered Townsville scuba diving victim, Tina Watson launched a scathing attack on the Queensland justice (just is) system, Cameron Dick responded very quickly, while he continues to deny us and ignore us, even though we are Australian citizens and entitled to the protection of the state and to public service in our own country on equal terms.
“Australia is at risk of becoming an international laughing stock” said Alanda Thomas http://www.news.com.au/couriermail/story/0,23739,25942582-3102,00.html
Graham Innes, the Disability Commissioner also refused to lift a finger to help us, just like the hreoNOT President, John von Doussa QC, Susan Roberts and the human rights lawyer and Deputy Director of Legal Services, Christine Fougere, who represented both hreoNOT and the State of Queensland against an unrepresented little kid.
They and their good friends at hreoNOT much prefer to attend conferences and endless functions in Australia and around the world, socialise, mingle, give big speeches, lie and deny and above all, protect the status quo and represent the interests of those who put them there in the first place.
Commissions like hreoNOT are quasi courts and areas where the people are supposed to be able to obtain justice and have human rights abuses fairly dealt with according to the rule of law and the legally binding treaties Australia has signed decades ago.
I was also under the impression that Parliament has to be informed when complaints of human rights abuses are lodged with hreoNOT, but that also never happened.
“Government stacking the courts with political favourites is the main evil in the administration of justice in Australia” retired Brisbane Supreme Court Judge Geoff Davies QC, (Courier Mail 1 September, 2006).
I will keep you posted.
Further details and coverage:
CAMPAIGN AGAINST JUDICIAL CORRUPTION
Senator Kennedy’s letter online: http://www.ctjnet.co.uk/CTJ%20Temporary%20Images/US%20Senator%20Letter.gif
Governor of Queensland’s charade and judicial corruption denial continues http://www.dailykos.com/story/2009/8/21/770060/-Governor-of-Queenslands-...
Senator Ted Kennedy and Human Rights in Australia https://publish.indymedia.org.uk/en/2009/09/437299.html