The People's COMPACT - Draft Proposal

8/3/2019 The People's COMPACT - Draft Proposal

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A Proposal

for a

COMPACTof the people

by the people

for the people

of the Commonwealth of Australia

This Compact would superintend the Australian Constitution (new or amended),

which would become a schedule thereto.

April 2011

Proposal : 22 pages

By Doug Harrison

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A COMPACTbased on goodness, esp. Godliness

OR

We all , well most people, hope goodness rules.

But there is a problem with the word “good”:-

“Good” has a secular sense : efficient; competent; well done e.g. a job well done

excellent; skilful; first rate.

obedient; well behaved; dutiful e.g. an good dog or child

benevolent e.g. a good or benevolent social worker / blood donor.

“Good” has a godly sense : virtuous; moral; ethical; saintly; righteous; honourable; holding

one’s pledge; considering others.

The Bible uses ‘good’ in the godly sense,

and thus the basis of the COMPACT

The Australian Constitution (Cl. 9) in s. 51 starts for the “…peace, order and good government

…” the Parliament shall have power :- …… What sense do we get in this secular document?

At the Adelaide session of the Constitutional Convention 1897, leader and Freemason, EdmundBarton said(debates @ p 1187, 22 April 1897):-

“The whole mode of government, the whole province of the State is secular. The whole business

that is transacted by any community – however deeply Christian, unless it has an established church,

unless religion is interwoven expressly and professedly with all its actions – is secular in business as

distinguished from religious business. The whole duty is to render unto Caesar the things that areCaesar’s and unto God the things that are God’s. That is the line of division maintained in every

State in which there is not a predominant church government which dictates all civil institutions. In

these colonies, where State aid to religion has been abolished, this line of demarcation is definitely

observed….” EQ (and therefore no use of God in a constitution).

This argument prevailed with the delegates voting it down (17 to 11). By the Melbourne session

the people, Churches, and 9 of 10 colonial legislatures conducted a spiritual revolution, and the

delegates had to relent, or no federation!

The sense of ‘good’ in s. 51 is the secular sense.

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Using and adapting the Australian Constitution (cl. 9) worked with the humble blessing of Almighty

God, and under the Crown, hence 60 years things were OK. But in the 50 years hence till today

(2011), God and the Crown have been squeezed out our governance.

Our Constitution is proving of little or no value to the Australian community today. The

Constitution alone has left the people with no ability to thwart evil.

The proposal re a COMPACT is all about restoring Godliness, so that future leaders and politicians

will come from the people, and remain the true representatives of the people. But the COMPACT will

need to have an immediate impact, and that is where the people must vote into being the COMPACT.

Do we want the Malcolm Frasier’s; Bob Hawke’s; Paul Keating’s; John Howard’s; Julia Gillard’s

as our leaders together with their political drones working to destroy the Australian community? Or

something a whole lot better?

The Australian Constitution may still work well if we, the people, put in place a COMPACT which

commands the Constitution

AT the present moment :

-- Just depends who holds the reins of power or which end of the gun one stands!

A COMPACT demands God - hence the godly sense of

“good”

Meanwhile “evil” has a more clear and direct sense -- it is sinister.

Bad; foul; shameful; murderous; satanic; vile; base; sinister; dreadful;

speak with forked tongue; tell lies; evil spell; discourteous; disrespectful;

obnoxious. No doubts re ‘evil’!

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' We have staked the whole of all our

political

institutions upon the capacity of mankind for

self-government, upon the capacity of each

and all of us to govern ourselves, to control ourselves, to sustain ourselves according to

the Ten Commandments of God.'

James Madison, the fourth president,known as

'The Father of US Constitution'

This should be and ought so to be the case re our political

institutions through out the Commonwealth of Australia, and where

the basis of ALL GOVERNANCE should come from how we govern

ourselves according to laws of God as given to us in the BIBLE.

This is called

COMMON LAW GOVERNANCE

from the people

of the people

by the people so help me God

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The basis for further discussion and debate as the basic principles of a (new)

constitutional foundation for the Commonwealth of Australia

Doug Harrison 14 March 2011

It consists of 12 points.

1.

Australia to become the People’s Commonwealth of Australia --an indissoluble independent sovereign nation.

2. That the people of Australia be the sovereign body, and that a Council (of Elders),

directly elected by the people, be the agents for exercising the sovereign authority of the people of Australia.

3. That the Head of State, being a Councillor, be elected within the Council.

4. That the basis of the Commonwealth of Australia and the people is the people’s

Common Law. The people’s Common Law would be expounded in the Charter of Justice in Pt. 6

C) below.

5. We continue to rely on the humble blessing of Almighty God.

6. COMPACT of and between the people of AustraliaThat the liberties of the people be declared through and by:-

A) a Charter of Liberties (vastly based on the heritage on English

Common Law)

B) Charter of Governance defining broadly the limits of government;

C) Charter of Justice, based on principles of common law,especially TRIAL by JURY and courts of common pleas. D) Charter of the Family (optional ???)

p. 1 / 2

7. Council of Elders (or Elders Constitutional Council: ECC)

A) members (Councillors) elected in Council Districts throughoutthe Commonwealth note: this Council is NOT a legislative or political

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body. Districts are thus not necessarily distributed in accord with 1 man 1

vote, but in accord with needs of people & Commonwealth.

B) number of members -- suggest 11 (min.), or 25 (max.) etc.C) members’ qualification ? e.g. over 40 yrs., native born, and as

candidate supported by 50 adult Australian citizens signatures.D) Electors for Councillors be Special Electors, say 25 yrs + (or 30

yrs +) who are native born, free men and women who are registered as

electors. And or non-native born min. 20 yrs permanent residence & byapplication.

8. Powers of Elders Constitutional Council :

A) to elect and appoint Head of StateB) to maintain the (new) Constitution being an attached schedule – matters in

this proposal would only be alterable by the people.C) to uphold and maintain the liberties of the people as in Pt. 5 above, and the

people so chooseD) to call a referendum, including under C.I.R.R.E) to ratify (or not) external treaties made by government, as to the treaty’s

application within the Commonwealth.F) To declare the elected Head of State as the Commander in Chief of our

defence forces.G) Be the Trustee of all lands and territorial waters of the Commonwealth.

9. C.I.R.R. Recall: a Councillor, Member of Parliament, judge; and such

referendum may be in that aforesaid person’s district of appointed origin or through out the Commonwealth.

10 There be a people’s Bank, the Central Bank of Australia:

A) with the sole power of the creation of credit throughout the community

B) maintains a money system on behalf of the people, such that the system is run at 0 % inflationand maintains full employment

C) be the government banker, liaising with the government(s) re the affects of government budget and expenditures re B) above.

D) be the sole clearing house for any monies of any type, into and out of the Commonwealth,and where necessary liaise with the government(s).

E) licence private Banks, and ensure they meet all prudential and commercial standards, as wellas comply with the Central Bank directives.

11. Have a SINGLE FINANCIAL TRANSACTIONS TAX.

12. Land Ownership: A) Fee simple ownership of private land shall be the mainmeans of private ownership of land. All other land shall be held in trust on behalf of the people by the Elders Constitutional Council, in perpetuityB) Land ownership CANNOT be held by any foreign individual, or a legal

entity that has a 20 % (??, too high) foreign share holding at any singlemoment.

*************************************************************************All these points, 1 – 12, ought to be made subject to change under C.I.R.R.:-a) initiation of a referendum can ONLY come from the people;

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b) only Special electors may vote;c) and 60% of voters must support the alteration, and a 50% absolute majority of the Specialelectors for the alteration become law.d) The ECC ought to fund both sides re the arguments for and against, from Consolidatedrevenue

END.

What follows is a PROPOSAL for a COMPACT betweenthe people of the Commonwealth of Australia.

06 April 2011 proposed by Doug Harrison

Book of Common Law Part 3 ; Chapter VIII

CHARTER OF LIBERTIES (proposed):This is based on the Common Law of England and the original colonies of the USA, plus afew new parts:ref. MC = Magna Carta [1215], BR = Bill of Rights [1689], AC = American Constitution

1. A person born within the Commonwealth of Australia shall be a subject of the AustralianCrown, and this shall not be abridged for life. But if that person voluntarily takes outcitizenship of another nation, then that person’s Australian subject status is automaticallyrevoked: That person may apply for re-admission as a subject after 2 years continuousresidence within the Commonwealth and that person meets all other relevant laws.

A person born outside of the Commonwealth of Australia may seek naturalization, butmust meet the eligibility criterion according to law. That person shall renounce all other allegiance(s), immediately before and as part of the oath of allegiance to the AustralianCrown. After 7 years from naturalization, that person’s subject status shall not be abridged.

A person born outside of the Commonwealth of Australia and who has not beennaturalised, shall be able to remain a resident of Australia for 5 years and thereafter, onlyaccording to law and may receive benefits only according to law.[new]

2. An Australian subject has a right to own land; no other person shall own land or haveownership rights in Australian territorial waters. Where land is under mortgage, a personshall not have his land resumed unless the Crown is satisfied that lender has legal and duecause. [new]

3. The free exercise of religion and the right of peaceful assembly shall be a right of all free men.

4. The Commonwealth shall not make laws establishing any religion, or imposingreligious observance. [AC, amend. 1 & Cl.116 Aust. Constitution ]

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However, the Governor General of Australia, and all officers of the Crown,including members of Parliament shall swear an oath of office, relying on the

blessing of Almighty God, and to uphold this Charter of liberties and Charter of governance; [new]

5. A free man shall not be amerced for a trivial offence except in accordance withthe degree of the offence and for a grave offence he shall be amerced in accord withits gravity, yet saving his way of living : and none of the aforesaid amercements shall

be imposed except by the oath of good men; [MC, 20]

6. No officer of the Crown shall take an Australian subject’s produce or his chattelsunless he pays reasonable recompense; [MC, 28]

7. No officer of the Crown shall put anyone to trial upon his own bare word, withoutreliable witnesses produced for this purpose; [MC,38]

8. No free man shall be arrested or imprisoned or disseised or outlawed or exiled or in any way victimised, neither will he be attacked, except by lawful judgement of hisfellow subjects of the neighbourhood or by law of the land ; and that in a criminaltrial, whether by indictment or presentment, the accused has right of trial by jury, andsuch jury shall be a minimum of 12 in the case of capital crimes.[MC, 39 & Cl 80 Aust. Constitution ]

9. To no one will we sell, to no will we refuse or delay right or justice, and that nocondition or impediment shall be put before a man seeking appeal to any higher court,or the highest court in the land; [ MC, 40]

10. It shall be lawful for any free man, who is an Australian subject, without prejudicingthe allegiance due to the Commonwealth, to leave the Commonwealth and returnsafely, by land, sea or air; save, in the public interest for a short time, in time of war; [MC, 42]

11. It is a right of free men, who are Australian subjects, to petition the Governor General, or members of the ACCC and Parliament or issue a writ of mandamus against anyofficer of the Crown, and all commitments and prosecutions for such petitions and writ

are illegal; [BR,5 ]

12. That free men may have arms for their defence suitable to their conditions;[BR, 7]

13. That election of members of parliament ought to be free, and no man by force of arms, nor malice, or menacing, shall disturb any subject from making his/her vote;[BR, 8]

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14. That freedom of speech, or of the press or other media shall not be abridge. [BR & AC, amend 1 ]

15. That freedom of speech, debate or proceedings in parliament, whether Federal or of the States, ought not be impeached or questioned in any court or place out of

parliament; however, this shall not preclude suits of libel or slander by any person, being anon member of that parliament, against a member of that parliament, who has mentioned in

parliament, that person’s name. [BR,9]

16. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; [BR 10, AC amend. 9 ]

17. Plea bargaining shall be illegal : To whit that all grants and fines and forfeitures of particular persons before conviction are illegal ; [BR, 12]

18. The right of people to be secure in persons, houses, papers and effects againstunreasonable searches and seizures shall not be violated, and no warrants shall beissued but upon reasonable cause, supported by oath, and particularly describing the

place to be searched and person[s] and /or thing[s] to be seized;[AC, amend. 4 ]

19. That Habeas Corpus, (as given in Schedule I below – not given herein), applies to all menwho may be in custody, and such men shall be entitled to representation in court,inclusive of self , of their choice; and

20. That jurors ought to be empanelled and returned; [BR, 11]

21. If capital punishment applies, a minimum of 12 months shall lapse between judgement and enforcement of sentence where the jury verdict is unanimous, or theaccused pleads guilty; however the right of the granting of mercy by the Governor Generalshall remain unabridged. With any other verdict, capital punishment shall not beimposed. [new]

22. A free man shall be able to move about the Commonwealth of Australia without

hindrance, free from tolls or impost that may impede his free progress.

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And we do pray that it be declared and enacted that all and singular the rights and

liberties asserted and claimed in the said Charter are the true, and indubitable

rights and liberties of the people of the Commonwealth of Australia, their heirs

according to the same in all times to come and so shall be esteemed, allowed,

adjudged, deemed and taken to be; and all and every the particulars aforesaid shall

be firmly and strictly holden and observed forevermore.

END Charter of Liberties

*****************************************************************

Book on Common Law Part 3 : Chapter IX.

CHARTER OF JUSTICE(proposed, Doug Harrison)

Section I : JUSTICE DEPARTMENT

a) The administration of justice shall be conducted by the Justice Department under the authority of the Elders Constitutional Council (ECC), and under this Compact. Any determination of the JusticeDepartment may be declared void by the ECC.

However the administration of justice does not include the implementation of justice; justice isimplemented in common law courts directly under this Compact, and its interpretation by the ECC under thisCompact.

b) Responsibilities of Justice Department :

i) The administration of the courts of common law, judges, and including all officers of the AustralianCrown in those courts;

ii) The maintenance and upkeep of land and building which belong to the Australian Crown and are used

as common law courts;iii) Any other matters of administration of justice that the ECC determine and instruct the Justice

Department to perform;iv) Any matter of administration of others courts of the Commonwealth that the Commonwealth

Parliament may request of the ECC to perform, and to which the ECC agree and instruct the JusticeDepartment.

Section II : COURTS OF JUSTICE at Common Law:

Part A.In all common law courts:

1. an accused person shall be presumed innocent, until found guilty;2. hearsay evidence shall be inadmissible;3. all evidence shall be put before the court;4. the accused shall have a right of self defence, or person(s) so designated by the accused toassist him in the court;5. the prosecution has a like right;

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6. the court and Judge(s) shall assist either party so that evidence is best and wholly presentedin the court;7. a court may and shall be capable of the subpoena of witnesses;8. withholding evidence, or presenting knowingly false evidence, by either party is a seriousoffence, where this is a deliberate act, which effects the deliberations of that court. Any such

person or party so involved may be punished, by that court or any other Common Law court;9. previous convictions be withheld till sentencing; and

and, in courts of Common Law where a jury is available:

10. a right of either party to have the disputed matter held before a trial jury;11. that the decision of that jury be unanimous for a guilty verdict;12. the jury or jurors may call for explanation or seek further evidence to assist in making averdict;

13. double jeopardy rule shall apply, excepting in capital offences where a grand jury finding, based on reliable evidence of guilt, can order a re-trial. Part B.

The Courts of Common Law:

a) i) All courts shall be held in open court where the public can attend, view and hear the

proceedings (excepting Court Martial tribunals). The proceedings shall be recorded, in English, andform part of the public record and be readily available to any Australian citizen at all times.

ii) No citizen or Australian entity shall be denied by law or cost, other than by elapsed time, whichtime shall not be limited to less than three calendar months, the right to appeal any decision of any court

or tribunal below the highest relevant Court.iii) No citizen or Australian entity shall be denied the right of appeal to the highest relevant Court or beyond to the ECC, after exhausting all lower authority rights of appeal to courts below, providing theappellant can meet the cost, or the appellant can establish before the ECC a case effecting theadministration and delivery of justice or an infringement of Fundamental Constitutional Right. The penultimate authority being the ECC, the ultimate authority being the citizens via referendum.

iv) All Australian courts and tribunals whatsoever shall publish their reasons for decisions in all mattersdecided by them, at the time of, or not later than seven days of handing down the decision, includingdecisions involving leave of the court or tribunal.

v) Refusal of leave to have a matter heard by a court or tribunal shall be subject to appeal to the ECC inorder that justice be done. The ECC shall determine the court and time for the matter to be heard.

vi) The proceedings of all Australian courts and tribunals shall be recorded in audio-visual format,consistent with fixed camera(s) showing clear view of the presiding officer(s) and all persons givingevidence together with a view of the bar table and the jury when installed. The recording shall becalled the visual transcript. The transcript shall be accurately transferred and stored in computer formatthen to written copy and will be made available in hard copy and in all popular electronic mediumssuch as CD and Floppy Disk. All transcripts shall remain totally unedited. Copies of all transcripts,except where there is a closed court in a matter involving a minor under 14 years of age which remainunavailable, shall be available free of charge to all parties, at the same time and not later than at 8amon the day following the proceedings. Further unedited copies of all transcripts of all open court proceedings shall be available to the public on prior order at the cost of commercial reproduction.

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vii) Transcripts of all closed court proceedings shall be made available one hour after the adjournment of the proceedings on each day, for viewing only, within the court building, in separate secured privatespace for each of the parties involved in the particular proceedings and thereafter as required by theinvolved parties in secure private place provided by the court.

viii) The Commonwealth Parliament shall provide for an Australia wide multi channel audio-visual broadcast facility that shall provide public scrutiny of all court and tribunal proceedings of public

record, other than from closed courts.

b) There shall be Common Law Courts throughout the Commonwealth of Australia, and these

Courts gain their authority, here expressed, under the sovereignty of the people of the said Commonwealth,and be administered by the ECC.

i) All common law courts, excepting Petty Sessions, shall be conducted before a jury as given in thisCompact.ii) Any Common Law Court superintends all other courts within the Commonwealth of Australia.

An accused party may seek to remove the cause from another court to a Common Law Court.This shall be granted, but once transferred shall remain in the common law court.

iii) The supreme court of justice, under common law, shall be THE COMMONWEALTH COURT of Common pleas (CC-Cp).

A sitting of this Court shall consist a minimum three and up to seven Justices, with a full benchconsisting of seven Justices. There may be several benches of the CC-Cp, but only one full bench,with the most senior Justices forming the full bench.

The CC-Cp shall be the Court of original jurisdiction for crimes of treason and sedition. iv) Other lower Courts of common plea shall be set up by the ECC, but such that there be a Supreme

Court of Common plea in each ECC district, from which appeal is only to the CC-Cp. Each other lower court district shall be within a ECC district, or part thereof.

v) Lower courts shall be available to allow common law pleas to be heard in the district where theassumed violation occurred and shall be formed under the direction and authority of the ECC;vi) The lowest common law court shall be the Magistrates Court of Common plea (MC-Cp);vii) There shall be a court of Petty Sessions for matters considered by the ECC and Justice

Department to be trivial. These matters shall be heard before a certified Justice of the Peace (cJP),without jury;

The Justice Department may determine the maximum sentence that may be handed down in theCourt of Petty Sessions.

If the cJP (see Justice of the Peace; sect IV) believes a greater sentence is appropriate, he shalladjourn the matter to the Magistrate’s Court;viii)Adjournment and appeal :

Adjournments may be made and the matter referred to a higher court of common plea. Eachlower court in turn in each ECC district, shall have appeals in the next higher court up to therelevant Supreme Court and thence to CC-Cp.

c) Common Law Judges :(i) A Common Law Judge must be an Australian citizen, of a minimum of seven (7)

years citizenship, and who has a good command of the English language, both writtenand oral.

(ii) A judge elect ought not sit on the Bench until he has been trained for the position.The Elders Constitutional Council (ECC) and Justice Department shall institute asystem of training through out the Commonwealth of Australia;

(iii) all appointed judges at the commencement of the (revised) Constitution or immediately thereafter shall be schooled as soon as practical while they serve;

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(iv) All judges are to be appointed by the ECC, and nominations may be sought from thedistrict in which the judge is to serve.

(v) A judge of the CC- Cp shall have served in a lower common law court, and suchappointed to the CC- Cp is by the ECC;

(vi) A judge shall serve a maximum of seven (7) years, but a judge promoted to the CC-Cp may continue his office at the pleasure of the ECC, but no longer than 75 years of age.

(vii) Any judge may be stood down by the ECC for reason of mental or physical

incapacity or conduct unbecoming of a judged) The Supreme Courts of Common plea of each ECC district shall be courts of original

jurisdiction for capital crimes, murder, manslaughter and other crimes where the maximum sentence is 10years and more in jail.

e) Trial by Jury (? ?): All cases of original common plea at common law shall be heard under

TRIAL BY JURY, other than in courts of Petty Sessions:i) where the accused is found not guilty, or not proven there shall be no cost for the trial;ii) where the accused is found guilty, $ 5,000 per accused person shall be paid to the court for the trial costs by each member of the guilty party;iii) this dollar amount in (ii) shall be adjusted every five years by the ECC to maintain the realvalue of the original amount.

f) No decision of a jury shall be held in dispute in any other court.

g) An appeal to a higher common law court can only be on: -

i) point of law or ii) miscarriage of justice caused by influences outside the court or iii) new evidence not available at the original trial.

iv) No verdict of, nor appeal from a Common Law Court can be transferred or held in question inany other type of court.v) An appeal can order a re-trial before another jury in the original court, or acquit an accused where

new evidence, that remains unchallenged by the prosecution and clearly shows the jury verdict was

void, is brought before the appeal court.The appeal may compensate the acquitted party.vi) The ECC may direct that a particular case is heard in a court of common plea. If such case is in progress in another court, such case shall cease, and be re-commenced in a Court of Common plea asdirected by the ECC.

h) Any legally qualified person practicing or proposing to practice in a common law court shall need

to register with the ECC, and have sworn an oath of allegiance to the people, and that he/she shallknow, uphold and respect the common law. Such oath shall be taken by all persons or bereiterated by the legally qualified person, who act as the representative(s) of either the accused or defendant, in open court at each trial.

Section III : Executive courts and military tribunals:

a) Commonwealth executive courts may be created by the Commonwealth Parliament -- these shall

administer the laws only; but subject to this Constitution

b) Military courts or tribunals (Court Martial) :-

(i) These courts apply only to armed forces personnel whilst on duty, whether within theCommonwealth of Australia, or on active war service overseas.

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(ii) Where criminal activity is involved, but only if that criminal activity was within theCommonwealth of Australia, the accused has a right to common law courts, and any such request shallimmediately suspend the Court Martial.(iii) Any such criminal charge shall not revert to the Court Martial.(iv) However, matters of a military nature only may be resumed in the Military Court.(v) However, natural justice, fair penalties and punishments that befit the violation are still

paramount principles. The ECC may seek the High Court of Common Pleas to adjudge any matter from a Court Martial that appears to deny these principles. And its ruling shall be final.

Section IV : JUSTICE of the PEACE (JP)

i) Appointment :-a) all JPs through out the Commonwealth shall be appointed and commissioned by the

ECC under recommendation from the Justice Department.b) at the commencement of this Compact, all existing JPs in the former States and

Territories shall be re-appointed when they have sworn an oath of allegiance (see scheduleXX). All such JPs need to seek re-apply for appointment within the first four years after the startof this Compact;

c) There ought to be at least one JP per one thousand of the population, distributed among the population as evenly as possible. Outlying areas should have reasonable access to a JP.

d) The term for a JP shall be a maximum of ten years; a JP is eligible for re-appointment; e) A JP shall retire at end of his 10 year term if appointed or re-appointed after his 58

birthday, or if that be at over 72 years of age at next birthday. f) A JP ought to reside in the district in which the JP was first appointed. If the JP moves

outside that district the Justice Department may withdraw his commission as a JP.

ii) EligibilityA JP or nominee for a JP commission shall: -a) be an Australian citizen by birth, descent or grantb) be at least 25 years of agec) English shall be the person’s native tongue, or speaks English fluently and can read

and write English with eased) be of good character,e) be a respected citizen and thus shall have at least 10 other Australian citizens of

the district, over 18 years of age, who endorse and attest to that person’s nominationand thereby each believe the person meets the eligibility criteria given in this Compact

Ineligibility : A person cannot be a JP who is :f) a legal practitioner;g) a judge of any court in the Commonwealth of Australia;h) bankrupts, and persons who have been sentenced to over one years imprisonment;i) members of legislatures of the federal, States or Territory Parliaments.

iii) categories of JPs:a) Ordinary JP (oJP) :

i) A person duly appointed who can witness documents that require, by law, a JP’s or notoriety’ssignature as a witness, and

ii) A person who can certify the true copy or copies of a document.

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b) Certificate JP (cJP) :i) a person who has same the duties and personal qualifications as oJP

ii) shall be certified by the Justice Department, having sat and passed an exam for this purposeiii) is able to issue search warrantsiv) is able to remand defendantsv) is able to adjourn a court hearingvi) is able to grant bailvii) is able to grant interim restraining orders

viii) is able to sit as justice in the courts of Petty Sessions, to hear cases that the JusticeDepartment permit, from time to time, to be heard in the court of Petty Sessions. However,the sentence in a court of Petty Sessions shall be limited as determined by the JusticeDepartment, and where the justice believes a greater sentence is warranted, the justice shalladjourn the matter to the Magistrates Court

ix) on the recommendation of the Justice Department, and endorsed by the ECC, a cJP may beappointed an acting Magistrate. However, an acting Magistrate shall not hear a case that wasadjourned from the court of Petty Sessions in which he/she was the sitting cJP.

Section V : TRIAL by JURY in COMMON LAW COURTS

GRAND JURY

A.) Investigative tribunal and grand jury :

A person or persons accused of any crime shall not be brought to trial, unless reliable witnesses and or evidence is produced before an investigative tribunal, and that such accounts or evidence lead to theconclusion that the accused could be found guilty by a trial jury.

1. An investigative tribunal shall be chaired by a judge of a lower court of Common Law, calledthe Investigation Magistrate:

The investigation tribunal shall consist between 9 and 25 jurors chosen from the same pool of citizens as for trial jurors, and the number determined as to the gravity of the charge, and accordingto the Compact. The Investigation Magistrate shall make the initial determination, but the formedtribunal may increase this number, by absolute majority. If the evidence points to higher charges,

the Investigation Magistrate may chose to increase the numbers, but shall meet s.s 4. re Grand Jury.All numbers qualification shall be as of the increased number of members. 2. The quorum shall be two thirds of the initial number of members set, supplemented upwards tomaintain uneven number of members, (7, 9 ….. 17)3. Where an accusation is of crimes of treason, sedition, murder, manslaughter, rape, grand theft,or corrupt actions by a public officer(s), the full investigation tribunal of 25 persons andInvestigation Magistrate, called a Grand Jury, shall be installed and have powers to investigate allmatters re the alleged crime or crimes, including the subpoena of witnesses.4. The 25 jurors, by majority, may dismiss the Magistrate and continue alone.5. All evidence obtained by the investigative tribunal shall be held in camera, and if a trial is thenheld, all such evidence is made available to court of common plea.6. The investigation tribunal, as a Grand Jury, may bring charges, add or delete a charge or charges;7. The investigation tribunal, as a Grand Jury, may charge other persons based on theinvestigation;8. The recommendation to go to trial, and the charge so determined by the tribunal shall be by amajority of the initial number set for that investigation tribunal, with Investigation Magistratehaving no vote, nor any powers to direct or influence jurors.

AA) Finding of Investigation Tribunal :

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Two findings available to tribunal, based on majority decision :-1. No charge found --- person(s) free without public odium2. Charge found --- proceed to Trial by Jury.

AB) Evidence and privacy :1. The tribunal ought not make public the name (s) and personal details of the accused, before and

during the deliberations of the tribunal;2. Any other person shall not make public the name(s) and personal details of the accused.3. After the final finding is made; if the finding :-

a) ‘no charge found’, the minutes of the tribunal shall be deleted from all records, and thename(s) and personal details of the accused shall never be revealed.

b) ‘charge found’, the accused name and the charge(s) are to be revealed, and only othersmatters that will not compromise the trial by jury.

B). A person under charge may forego the investigative tribunal, excepting a Grand Jury, but this must

be endorsed before and witnessed by an Investigation Magistrate and another elector citizen.

C). The ECC may order a pre-trial investigation in order to seek a just outcome by an investigative

tribunal. This order overrides all others re the specific matter. The ECC may grant permission to theinvestigation tribunal to widen its terms of reference; however, if such widening of the terms of referencerequires a Grand Jury, then as many new jurors shall be added to make up a Grand Jury, or a new Grand Juryset up.

TRIAL JURY

D) All courts of common plea, where the case is of original jurisdiction shall be conducted before an

empanelled jury, excepting courts of petty sessions.

E) A jury shall be presented with all available evidence through out the trial. The accused may present

exculpatory evidence, and the prosecution may present damning evidence. Conflicting evidence shall beresolved to the best, or most likely, scenario, to the satisfaction of the court and jury.

F) The principles and intent of our common law are contained within this Foundation Law, especially theCharter of Liberties. (see below)

G) The jury shall at the end of the trial, deliberate among themselves. They shall resolve :-

i) if the case indicated the actions of the accused were accidental; OR ii) if the case indicated the actions of the accused were excusable; OR iii) if the case indicated criminal intent.IF accidental, the verdict is not guilty;IF excusable, either not guilty or guilty but a lesser or suspended sentenceIF criminal intent, guilty.

The jury, at the end of hearing all evidence, and if possible resolving conflicts in the evidence, shall make adecision, being either :

i. not guilty – the accused is free of the charge, and cannot be re-tried;ii. not proven – if, over the next 7 years, no evidence damning the accused, is brought

forward before a court and jury, then the accused is free of the charge;iii. guilty -- which shall require a unanimous decision of all jurors.

The jury, shall make the sentence, but according to law. The Justices may assist if requested, but withno powers to direct.

H) No decision of a jury shall be held in dispute in any other court.

I) Appeal : 1. An appeal to a higher common law court can only be on: -

i) point of law, or

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iv) miscarriage of justice caused by influences outside the court, or v) new evidence not available at the original trial.

2. No verdict of, nor appeal from a Common Law Court can be transferred or held in questionin any other court.

3. An appeal can order a re-trial before another jury in the original court, or acquit an accusedwhere new evidence, that remains unchallenged by the prosecution and clearly shows the jury verdictwas in error, is brought before the appeal court.

4. The appeal may compensate the acquitted party.

J) THE JURY : (a) shall consist of twelve eligible Australian electors who command the English

language. Two alternate jurors should also be selected.(b) they shall be chosen by lot from the pool of potential jurors;(c) they shall be impartial; that is they are not be related or know either the accused or

victim(s) such that their judgment is prejudiced.(d) a potential juror should declare this to the judge, but if at any time during the trial as

a juror he finds that (c) is applicable, he should immediately notify the judge. Anew trial must be then granted if this juror is declared now ineligible;

(e) the pool of potential jurors shall be chosen by lot from the people of the district;

with exemption given only by law. An exempt person may choose to be eligible;(f) each juror shall use his or her conscience as applied to the evidence present in the

court, in light of Fundamental law within the Constitution, especially the Charter of liberties, to arrive at a personal decision;

(g) No other juror shall coerce or threaten another juror in his decision making, nor shall any other person either inside or outside the court influence any juror. This isinclusive of any judge;

(h) each juror, including alternate jurors, shall swear the Juror’s Oath as follows

K) Juror’s Oath :

I …..(juror’s name) being an Australian citizen, eligible by law to be a juror, swear

by Almighty God that I will faithfully and impartially try the issues in this case.. (name of prosecution) versus .. (accused) in relation to all charges brought against .. (name of persons accused) in this trial and give a verdict according to the evidence; and sentenceaccording to the gravity of the charge, and custom, according to law.

L) It shall be the duty of the Chief Justice of the court to inform everybody in the court before the

empanelling of the jury of all the points above.(D to I)

M) An accused person may represent himself in a common law court, or have another Australian citizen,

who has command of the English language, to act as his (legal) representative in the court.

The accuser as the prosecution has alike right.

N) Determination of the law :-

At the conclusion of a trial under common law, the Judges shall decide on what the jury decision has meantre any statute law. If the Judges determine, even if by majority verdict, that the jury decision affects a statutelaw or laws, and thus makes it/them invalid in whole or in part, then the Chief Justice of that court shall makea written report, as a matter of urgency, to be forwarded to the Governor General who shall then put thematter immediately before the Elders Constitutional Council. The Council shall then determine the matter and take appropriate actions to ensure statute law is brought into conformity with common law.

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Book of Common Law Part 3 : Chapter X

CHARTER OF GOVERNANCE

(proposed, by Doug Harrison)

1. That the pretended power of suspension of the Charter of Liberties, this Charter of governance and theAustralian Constitution (new) is illegal; [new]

2. That the pretended power of suspending laws, or execution of laws, by or for the Australian Crown,without the consent of Federal Parliament or the Federal Parliament and a State Parliament where suchsuspension affects the said State only, is illegal; [BR, 1]

3. That the pretended power of dispensing with the Charter of Liberties, this Charter of Governance and theAustralian Constitution (new) or laws or the execution of the same, is illegal; [BR, 2]

All laws made via a parliament, shall be subject to review by the relevant parliament within 10 years of itsassent and every 10 years thereafter, and if the ECC, through the GG or State Governor have not given theassent to the reviewed law it shall lapse and hence be void.

4. That the levying of money by the “Australian Crown”, without grant of the Federal Parliament - but onlyaccording to the Australian Constitution and law, or in other manner than the same is or shall be granted - isillegal; [BR, 4]

No Australian law other than singularly revenue laws shall be used to raise revenue

5. The Governor General shall be the Command-in-Chief of the armed forces of the Commonwealth of Australia, and only he, on the advice of the ECC and his said Ministers for the Commonwealth being thePrime Minister, Minister for Defence, others Ministers he so wishes to consult, and any of the senior officersof the branches of the said armed force, can declare a state of national emergency including the declaration of war.The above personnel shall form an Emergency Office or War Office, and the Governor General shall have power to co-opt any Australian subject onto a said Office, with the power to co-opt any of the resources of the Commonwealth of Australia, but saving as reasonably as possible the Charter of liberties, this Charter of governance and the Australian Constitution (new). The Federal and State Parliaments shall give all the

assistance and resources available to aid the Governor General in the said matter or matters.Only the Governor General in the same manner can conclude the said state of emergency or war.

[based on BR, 6]

6. That for the good governance of the Commonwealth of Australia, the Federal Parliament ought to be held frequently. [BR, 13]

7. No one will make justices, constables, sheriffs, bailiffs or any office of the Australian Crown save as suchas know the law of the land and mean to observe it well. [MC, 45]

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a) Public statements made by persons holding office of the ECC shall not be made in ignorance or withintention to mislead a citizen or the public.

b) All written statements made by persons holding office under the ECC shall not be made in ignorance or with the intention to mislead a citizen or the public.8. No personnel of the armed services shall, in peace time, be quartered in any house without the consent of the owner or legal occupier; nor in time of war, but in a manner according to law. [A C. Amend 3 ]

9. No Australian subject shall have his right to vote abridged, and every subject enrolled as an elector shall be given a free vote at each and every election and referendum, but so his vote is counted in the electoraldistrict in which he is enrolled. [AC. Amend 15

& 19]

(a) No parliament within the Commonwealth of Australia shall pass any law to the advantage of onecitizen or group of citizens without a referendum of all electors being held on the intent of the proposed lawand approval given being granted via the referendum;

(b) No law whatsoever shall be made to grant advantage to non-citizens or foreign entities over Australiancitizens or Australian entities.

12. All licensed activities that are not readily available equally to each citizen, and activities involving thecreation of public opinion shall carry the maximum of civic responsibility for integrity, honesty and even-handedness as shall any law governing such activities.

Book of Common Law Part 3 : Chapter XI

The FAMILY :

Our families have been disintegrating since the Marriage Law Act 1961 made the prime value of marriage, one of civil legislation. In 1960, just 18% of marriages were in the registry office. In 2008,63% were by civil celebrants and registry office.Divorce in the 1960’s was about 4 in 1,000 marriages. It was difficult to get, and children of divorced

couples were shunned. In 2009, 1:2 couples end up in divorce i.e. 500 in 1,000 marriages: Yes, a12,500% increase!Now millions of children and former children have grown up in single parent and or step parent

households.Then mix drugs, gambling, promiscuity, alcohol binge drinking, bashings, youth suicide, more street

kids and general anti-social behaviour among young and very young children, it not hard toADD 1 + 1 = 2.

CHARTER OF THE FAMILY(proposed, by Doug Harrison)

PREAMBLE

The family is based on marriage, where a man and a woman, by their free consent, take each other

and thus forsaking all other people, till death do they part.

Marriage is a covenantal relationship that binds them uniquely in an emotional, physical, moral

and spiritual union.

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Marriage is the natural unit within society, where children are born and reared in the image of the

man (husband and father) and woman (wife and mother) so that the emotional, moral and spiritual

aspects of the parent’s relationship are passed to the children.

Further, the cultural, social, and moral standards that have become the norm amongst the family units, andthus the people, and the use of the native tongue of English, are first learnt within the family.

Marriage existed prior to government or even any type of society, and thus the family has inalienable

natural rights and freedoms. The Constitution, as part as the Compact, or any law or statute of the land mustcomplement this Charter, else they may be made void by the people or a jury if challenged.

The family and society, which are mutually linked by vital and organic bonds, have a complementaryfunction in the defence and advancement of the good of every person within society.

Society, Governments, Parliaments and Courts must protect the family through measures of a political,economic, social and juridical character, which aim at consolidating the unity and stability of the family sothat it can exercise its specific function; RIGHT OF MARRIAGE

1. All persons have the right to the free choice in their life and thus to marry and establish a family

or to remain single. • A) Marriage cannot be contracted except by free and full consent duly expressed by the man and

woman. Such consent shall be given at a public ceremony, duly witnessed, and such union maybedisputed before the marriage vows are taken to claim why the man and woman cannot be wed;

• B) Every man and every woman, having reached marriageable age has the right to marry andestablish a family without any discrimination whatsoever;

• C) A man and woman who chose to marry and establish a family have the right to expect fromsociety the moral, educational, social and economic conditions which will enable them better fulfiltheir expectations for their marriage and family;

• D) The family has the right to expect that the social communication via all forms of the mass mediawill be positive instruments for the building up of society, and will reinforce the fundamental values

of the family. At the same time the family has the right to be adequately protected, especially thechildren, from the negative effects and misuse of the mass media.

RELIGION; EQUALITY :

2. The future spouses have the right to their religious liberty. Therefore to impose as a prior condition for marriage a denial of faith or a profession of faith which is contrary to conscience constitutes aviolation of this right.

3. Every family has the right to live freely its own domestic religious life under the guidance of the parents, as well as the right to profess publicly the faith, to take part in public worship and in freelychosen programs of religious instruction, without suffering discrimination.

4. The spouses, in the natural complementarity which exists between man and woman, enjoy the same

dignity and equal rights and responsibilities regarding the marriage.

CHILDREN :

5. The husband and wife have the inalienable right to found a family and to decide on the spacing of births and the number of children to be born, taking into full consideration their duties towards themselves,their children already born, the family and society.

EDUCATION :

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6. Since they have conferred life on their children, parents have the original, primary and

inalienable right to educate them; hence they must be acknowledged as the first and foremost

educators of their children.

A) Parents have the right to educate their children in conformity with their moral and religious convictionsand the cultural traditions; they should also receive assistance to perform their educational role properly. B) Parents have the right to freely choose schools or other means necessary to educate their children inkeeping with their convictions. Public authorities must ensure that public subsidies are so allocated that parents are truly free to exercise this right without incurring unjust burdens.

C) Parents have the right to ensure that their children are not compelled to attend classes which are not inagreement with their own moral and religious convictions. In particular, sex education is a basic right of the parents and must always be carried out under their close supervision, whether at home or in educationalcentres chosen and controlled by them. D) The primary right of parents to educate their children must be upheld in all forms of collaboration between parents, teachers and school authorities, and particularly in forms of participation designed to givecitizens a voice in the functioning of schools and in the formulation and implementation of educational policies. THE FAMILY IN SOCIETY :

7. The man and woman have a responsibility given by their marriage vows to each other. Once they have a

child, they have a further joint responsibility to rear that child as a good family member and able to become agood citizen as he/she matures. This responsibility is also to the wider community, such that the moral,educational, housing and other economic needs of the children are met within that family until at least the lastchild attains 18 years of age. Any severance of marriage bond of the man and woman before last child is 18years does not lessen their joint responsibility. 8. The family has the right to exercise its social and political function in the construction of society. 9. In the planning and development of all social programs, the rightful role of families and familyassociations must be recognized and be a paramount consideration of all Governments.

THE FAMILY and GOVERNMENT & ADMINISTRATION:

10. Families have the right to be able to rely on an adequate family policy on the part of Governments and

their implementation by public authorities of the juridical, economic, social and fiscal factors, without anydiscrimination.

A) The institutional value of marriage should be upheld by Governments and their public authorities and

they must respect and foster the dignity, lawful independence, privacy, integrity and stability of everyfamily.

B) Families have the right to economic conditions which allow them a standard of living appropriate totheir dignity and fullest development.

C) The laws concerning inheritance or transmission of property must respect the needs and rights of family members.

D) Families have the right to measures in the social domain which take into account their needs,especially in the event of the premature death of one or both parents, of the abandonment of one of the

spouses, of accident, or sickness or invalidity, in the case of unemployment, or whenever the family has to bear extra burdens on behalf of its members for reasons of old age, physical or mental handicaps or theeducation of children.E) The elderly have the right to find within their own family or, when this is not possible, in suitableinstitutions, an environment which will enable them to live with dignity and be able to pursue appropriateindividual and social activities. Husband and wife shall not be forced to live apart.F) The necessities of the family, and especially the value of family unity, must be taken intoconsideration in penal legislation and policy.

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MARRIAGE -- The SUPREME RELATIONSHIP :

11. A man and woman duly married shall be the only recognised relationship, but other relationships thatdo or may exist, shall not be supported by Governments or its agencies. 12. Some relationships may be prohibited that involve an adult and child, that would likely lead to thechild’s poor development, but consenting adults in private should be treated as per the social habits of thetime, with due regard to the freedoms of an individual.

FAMILY LIFE and The WORK PLACE :

13. Families have a right to a social and economic order in which the organization of work permits themembers to live together, thereby encouraging the well-being of the family, and use of leisure time.

A) Remuneration for work must be sufficient for establishing and maintaining a family with dignity,through a suitable salary, called a "family wage." It should be possible that a mother not be obliged towork outside the home, that may be to the detriment of family life and especially of the education of the children.

B) The work of the mother in the home must be recognized and respected because of its value for thefamily and for society.

FAMILY HOUSING :

14. The family has the right to decent housing, fitting for family life and commensurate to the number of

the members, in a physical environment that provides the basic services for the family.

MIGRANT FAMILIES :

15. The families of migrants have the right to the same protection as that accorded other families. Thefamilies of immigrants have the right to respect for their own culture and to receive support and assistancetowards their integration into the community.

16. All migrants are to be strongly encouraged to learn English so that family stability is developed in thistheir new home.

DISSOLUTION OF MARRIAGE :

17. Divorce {dissolution of marriage} attacks the very institution of marriage and of the family; and thus

society, Governments and Courts should, by any and all means discourage the idea of a dissolution of marriage as an acceptable norm within society, most especially where the youngest child is under 18 years of age. Active intervention to facilitate the continuation of a marriage, including pre-marital counselling,through various social means and agencies, but always respecting the rights and dignity of both the husbandand wife and children, is encouraged.18. The best interests for the children, indeed for society, is best served by family stability.

END of PROPOSAL by Doug Harrison

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AUSTRALIAN SOCIETY

Prime ingredients for a sound society.

1. Individual members of society are self-governing,whereby individuals have and adopt habits that become the customs among all the people.

These habits and customs need to generate a well being and ability of people to pursue

happiness. The Bible is the simplest book of life that instructs us well as individuals.

2. Justice, and a system to administrate, in resolving disputes between individuals .

TRIAL by JURY is the fundamental means by which we judge each other at Common Law.

BENEFITS of TRIAL by JURY:-

Conscience: = God’s will =

‘the guiding recognition of right and wrong as regards one’s actions and motives; the faculty

which decides upon the moral quality of one’s actions and motives, enjoining one to conformity with

the moral law.’ (Webster’s dictionary)

1. gives expression to the love of fair play & a fair go among the Australian people;2. that justice is not only seen to be done, but is done in accord with the habits and customs of the

people;3. that an accused person is only indicted on the word of good men, and tested by other good men:

that is a grand jury;4. that the sentence of the trial jury will reflect the gravity of the offence as well as reflect the habits

and customs of the people, according to the law of the land;5. it gives vent to the natural right to maintain justice for oneself, and thus in equal measure for any

other person who may need one’s assistance, against injustice;6. protects person and property, inviolate to their possessors, from the hands of the law, unless justice

‘beyond a reasonable doubt’ requires them to be taken;7. one is tried by one’s ‘neighbours’, not a central oppressor;8. it uses impartial common people - one’s neighbours - chosen by lot, to review evidence;9. jurors decide according to each juror’s conscience, the evidence, and what they believe is the truth;10. through the conscience of each juror, the divine basis of society is put on an equal basis with the

secular nature of government;11. the minority, the accused, are given just consideration by the jury, against the political majority of

the time, the Government;12. a person, acting as a juror, on a jury, represents of the whole Australian people. Whether that

person as an elector supports the political majority, the Government, or the minority, theOpposition, is of no account;

13. the jury serves to imbue the minds of the people with the quality of a judge, but mindful of beingadjudged in like manner;

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14. it gives greater respect amongst the people for the law, being the law of the land, the acceptance of which is derived from the habits and customs of the people. Remember, the people will notcontinue to accept and implement laws that are unnecessary or unjust, and thus countermand any of their habits and customs;

15. that a just society depends on laws that co-exist with freedom, and that a jury using commonsense,can in conscience uphold;

16. it teaches equitable dealings amongst men;17. it teaches every person not to shrink from the responsibility attached to his own actions within

society;18. it gives a person a magisterial office, and a position in the governance of society;19. it ensures men to occupy themselves with something else other than their own selfish affairs;20. it is a great institution for the education of the people, in which a juror is given free instruction re

the inalienable and indubitable freedoms of each person and the rights, privileges and immunitiesthere derived, and in administration of justice;

21. it ensures the habits and customs of the people are given force throughout society, in the daily practise of the justice within the common law courts of the people;

22. it is the basis of that enlightenment of the principle of self-government, and whereby all men cometo learn of good governance, and right behaviour, and from whence, local government councillorsand aldermen, and members of the State, Territory and federal legislatures receive their first

training.23. it makes, by its very nature, the people the arbiter in questions affecting their property, liberties,

and lives;24. it is of greatest merit of Trial by Jury is that it continuously imposes a limit on the legislature. The

ability to deny unjust and oppressive laws the efficacy among the people, and thus ensure the wholeor substantially the whole, people are agreed on, making Trial by Jury the PALLADIUM of Our

LIBERTIES.

3. Civil government that operates on Christian principles of governing .Where individuals are self governing and thus do good both in their thoughts, motives,

communications, actions and deeds then the necessity for external government is muchreduced from that of today (2009).

Socialism or totalitarianism are the end being of types of government that have thecontrol over the individual either through fear, media brain washing and or apathy. Theend result of either type of government is slavery under the state.The present world wide scare re ‘terrorism’ is a grand scheme for world control; but

no one knows what a ‘terrorist’ is – is he/she some one that has an opposing view?One must wonder why and how the world wide scare and panic re the so called flu

pandemics are initiated. ‘Swine flu’ appears no more or even less dangerous to healththan any other flu virus!

What is the answer: GOOD Individuals; GOOD Families; Justice at Common Law; small

Christian civil government? AND the Bible.

Doug Harrison.

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Documents

The People's COMPACT - Draft Proposal