"Highlights of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012"
- Category: Legislation and Acts
- Created: Sunday, 22 July 2012 16:29
- Written by Alecomm2
Just recently Australia has introduced a bill regarding Judicial Corruption designed to address corruption by judges and magistrates and other officers of the court. To quote "A Bill for an Act to provide for parliamentary commissions to investigate allegations of judicial misbehaviour or incapacity, and for related purposes". This is great, except for the fact that the bill in itself is corrupt in that it is so discriminatory toward any parent and family undergoing any investigation to which the judicial officer eventually hears about. What do we mean by this ?? Well, first of all ..
"The Commonwealth is liable for the reasonable costs of legal representation for a Commonwealth judicial officer in relation to whom an investigation is being conducted. Witnesses are entitled to be reimbursed for their expenses." -- discriminatory, you bet. When are parents undergoing the scrutiny of child protection ever afforded legal aid straight up let alone without even having to apply. Why is this person automatically entitled to and afforded legal protection when the Australian public is not, and it is merely an investigation, not a court procedure.
Then, on page twelve, we have "Natural Justice" ... Yes, we all know it (apparently) exists but is there Natural Justice written into any of the Family Law acts or Children and Young Person Care and Protection Acts, let alone abided by? Nice to see the legislatures are happy to recognise these obligatory human rights requirements when it comes to their own, but it would be nice to see the amendment of acts just mentioned to include sections on Natural Justice alone for parents and children who are very often victims of human trafficking in these same courts.
In Part 3—Investigations of Commissions Division 1—General - 17 Guide to this Division, we have "rules relating to how a Commission is to conduct its investigations" ... this is discriminatory and favours Judicials Officers more than the public, because, in child protection investigations there are no rules which officers must abide by, there are no questions which they must agree upon asking or have formalised.
Generally, the parent is put into a little room, with cameras, and interrogated and lied to about the accusations, and harassed and threatened and intimidated like you would not believe.
Alecomm believes that all parents whom have had their children removed, or undergoing investigation, should LEGALLY be given a document stating exactly what the complaint is regarding thier capacity to parent, and exactly what it is that they are to do in order to have restoration of their family. This would prevent the officers continually changing the rules and reasons for removal in court procedures that is frustrating the system and causing many children unnecessarily to be away from their family, not to mention the burden on taxpayers.
The afforded Natural Justice that these Judicial Officers are given is stated : "20 Natural justice (1) A Commission must act in accordance with the rules of natural justice. (2) Without limiting subsection (1), if an allegation of misbehaviour or incapacity is being investigated by a Commission in relation to a Commonwealth judicial officer: (a) the Commission must: (i) give the Commonwealth judicial officer particulars of the allegation being investigated as soon as practicable; and (ii) offer the Commonwealth judicial officer a reasonable opportunity to make an oral or written statement to the Commission; etc.
Our statement here is if we are investigating a person, it does seem reasonable that we get given our complaints in writing - as the government requires us to do with ANY GOVERNMENT DEPARTMENT for which we have a grievance. This seems to be a normal and logical step. However, in Child Protection Investigations by DoCS and the like, parents are NEVER EVER afforded this basic decent opportunity , or right that this Judicial Officer is. Nor are they afforded the opportunity to put back in writing their rebuttals to these (alleged complaints / issues) regarding their parenting. DoCS simply remove the children, force the parents to litigate and fight their way, often blind, in a court room where only the government are afforded legal representation each and every time.
In order to be non-discriminatory towards persons other than Judicial Officers the government must introduce legislation or amend legislation to copy these exact guidelines for child protection investigations, or people WILL start jumping up and down, with us making public the amount of discrimination in this new Bill. Furthermore, Judicial Officers must not have automatic legal costs paid for by the government, they too must apply for legal aid like the rest of the public, or better still PAY FOR THEIR OWN legal expenses. After all, why would an innocent judicial officer need legal expenses in any case? Don't they know the law? And after, it is an investigation, not a court proceeding!