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The Forum > General Discussion > Is the Qld Police Service Administration Act 1990 Constitutionally Invalid?

Is the Qld Police Service Administration Act 1990 Constitutionally Invalid?

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The Queensland Police Service has shown that it has absolutely no interest in complying with the "Rule of Law" (insofar as it has refused to enforce the law against S.Sgt Hurley and others, who conspired to pervert the course of justice). As the "Rule of Law" is an assumed requirement of Constitutionally valid Government under our Constitution, is the Act invalidated by the disregard for the "Rule of Law"?

I would argue that it is, that the Qld Police Service, in demonstrating its utter contempt for the "Rule of Law" as it pertains to themselves, has put itself outside the law, and as such is no more protected by it than it is subject to it. The Qld Police Service has essentially become the "stream that has risen above its source" (http://en.wikipedia.org/wiki/Australian_Communist_Party_v_Commonwealth) which the High Court of Australia has stated is impossible under our Constitution.

So what may we do? I would argue that non-violent non-compliance would be the best route, leave vehicles parked in the center of roads and refuse to move them (there can be no failure to comply with a lawful order of an individual who is precluded from issuing lawful orders by their being a member of an organisation that refuses to comply with the "Rule of Law"), refuse to disperse from lawful demonstrations, etc.

There can be no mistake, the Qld Police Service has refused to take any steps to prosecute its own members, in fact it has energetically done everything in its power not to do so (despite clear evidence of evidence tampering, changing of evidence and/or perjury), so it has lost all Constitutional validity. We are in the lead-up to an election - NOW is the time for non-violent confrontation (as used so successfully by Ghandi, et al).

If the Government is willing to ignore this, it doesn't mean the people have to be. It will take far fewer people to achieve a LOT this way than it would via the ballot box.
Posted by Custard, Tuesday, 20 July 2010 9:26:45 AM
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Custard,

It seems to me police perjury and police verbals are known to the judiciary yet we don't see Constable Smith in the Slammer when found out confabulating facts in Court. Albeit Judge Pat O'Shea in NSW has been known to put the Poice in their place.

I think I am correct in saying Senators have reserve policing which they never exercise
Posted by Oliver, Tuesday, 20 July 2010 10:47:37 AM
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you raise an interesting point cusstard..but the problem goes higher up than the police/servicing/force

to explain in part...the courts and govt are in the same...fix/boat

see that at federation legislative powers were ceeded to the federation...see item 1...fed constitution...thus any legislation made since federation has no lawfully enforcable status

there are other complications..that affect this vital issue...like when the 2de house of state govt voted to cease operation...of its own volition[ie without the approval of the people by referendum]

third is the major fact of the sepperation of powers...where we have the british/law society[who all lawyers swear alligance to/being a foreign body]..yet who's members run the legal franchise

to erxplain...look at the members of govt...over half of who are or were lawyers...who dain to make laws...judged by other lawyers as judges...appeald to yet other lawyers in the appeal courts..all the while being represented by other lawyers...before the court

its time we sorted this mess out...but the police/service..not force..is only a pawn in this..[see they have the court order/warrent...

plus the duty to protect..the people..and our estates...for peace /wellbeing...etc..plus in protecting us from criminal injury..they retain lawfull standing in all matters criminal[but not in the civil juristiction!...

[as long as there is an injured party..they retain lawfull standing...meaning have a legal actionable cause...ie civil protection

its a very complicated situation..one i have noticed the courts and govt and the police services of]..see court of/appeal number d1761/10...which is awaiting the govt reply

there is also the issue of act 80/2001..where sir joes lawyer[peter/beatup..actually rewrote the constitution into an act[80/2001

[much the same as the magna-carta/charter has been made into an act[..25 edw.1.c29]...

this has allowed the legislative worth/power..of acts[binding on the servant..seeking powers under the act...ie NOT ON THE PEOPLE]..equal to law..by tricky lawyer manuvering...of which the police/courts/govt claim ignorance...lol...

know that we constituted govt...that/the servant..not abuse its trust..the people..but lawyers have subverted/statute..into oppression

yet for us mere humans...we get told..ignorance of the 'law'...is no excuse...but now 60,000,000/ acts..have the WEIGHT of law...and they know not their acts..as my appeal points out
Posted by one under god, Tuesday, 20 July 2010 2:43:49 PM
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Good thread Custard. Very disturbing stuff.

I think our rule of law is pretty damn sick in this country. In fact it probably always has been. We’ve just been duped into thinking that it has ever really been healthy.

It is certainly critically ill in my workplace, where my superiors have repeatedly treated the code of conduct as though it doesn’t exist.

And my experience yesterday with a totally unfounded suspension on OLO (my first in nearly five years on this forum), despite being a poster who thoroughly knows the rules and culture of this forum, was extremely unfortunate. I’m on a knife-edge right now as to whether I’m going to stay on OLO or not as a result of that.

I’ve seen numerous examples where the rule of law doesn’t count for much with the police, which is where my interest in this subject started some years ago.

And yes, the finding that there was a conspiracy to pervert the course of justice by Qld police officers, followed by a persistent refusal for any action to be taken against those involved, is gravely bad.

<< There can be no mistake, the Qld Police Service has refused to take any steps to prosecute its own members, in fact it has energetically done everything in its power not to do so (despite clear evidence of evidence tampering, changing of evidence and/or perjury), so it has lost all Constitutional validity. >>

I’d say that you are right.

<< We are in the lead-up to an election - NOW is the time for non-violent confrontation >>

The message needs to be driven home to Gillard and Abbott. Trouble is, now is actually not a good time, as they are caught up in so much other stuff. And I don’t think non-violent confrontation will achieve much.

Not too many people give a stuff. Therein lies the reason why the police are likely to get away with their belligerent inaction and our rule of law is likely to remain really godawfully sloppy.
Posted by Ludwig, Tuesday, 20 July 2010 9:49:43 PM
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re the silent protest
[note the silence]

anyhow there isnt much we can do individually

EXCEPT run for the senate...as an independant

[of course in qld/there is no house of revieuw..
but maybe its time to run federally]

anyhow you dont know till you try

i guess its put up or be shut up
so i for one will be going here tonight

candidate briefing sessions,
2010 federal election

AEC office
Level 7
488 Queen Street, Brisbane
5.00pm, Friday 23 July

then see if i can find 50 voters /before next thursday..to give me their voter authority ..simply to nominate..

and give govt 1000 dollars for the privledge

more info here
http://www.aec.gov.au/Elections/candidates/

and yeah i know its a dumb idea
but it is time we stopped govt from doing its vile...at some level

can you imagine if one of the two parties
gets the numbers ...in both houses

its like the single govt we got now in qld
[only worse]

look what jonny howhard did last time
when he got control over both houses

do you really trust the greens to hold the balance of power?

get involved..people
the silence is deafening
Posted by one under god, Friday, 23 July 2010 9:29:53 AM
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